RIGHT TO WITHDRAW FROM THE CONTRACT
The Privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 30 days without giving any reason.
The withdrawal period expires after 30 days from the day:
- on which the Privileged Buyer acquires physical possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer acquires physical possession of the goods;
- on which the Privileged Buyer acquires physical possession of the last good, batch, or part, or on which a third party other than the carrier and indicated by the Privileged Buyer acquires physical possession of the last good, batch, or part, in the case of a contract for multiple goods ordered by the Buyer in one order and delivered separately, in batches, or in parts.
To exercise the right to withdraw from the contract, the Privileged Buyer must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or email).
The Privileged Buyer may use the model withdrawal form attached at the end of the Terms and Conditions, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the information concerning the exercise of the right of withdrawal before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the contract, the Seller will refund all payments received from the Privileged Buyer, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Privileged Buyer other than the least expensive standard delivery method offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller was informed about the decision of the Privileged Buyer to exercise the right of withdrawal from the contract.
The Seller will make the reimbursement using the same means of payment as the Privileged Buyer used for the initial transaction, unless the Privileged Buyer has expressly agreed otherwise; in any event, the Privileged Buyer will not incur any fees as a result of such reimbursement.
If the Seller has not offered to collect the goods from the Privileged Buyer, the Seller may withhold the reimbursement until they have received the goods back or the Privileged Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
The Seller requests that the goods be returned to the following address: Strażacka 81a, 43-382 Bielsko-Biała, without undue delay and in any event not later than 30 days from the day on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the period of 30 days has expired.
The Privileged Buyer will have to bear the direct cost of returning the goods.
The Privileged Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
If the goods, by their nature, cannot be returned by post in the usual way, the Privileged Buyer will also have to bear the direct cost of returning the goods. The estimated cost of returning such goods will be indicated by the Seller in the product description in the Store or during the order placement process.
In the event that a refund is required for a transaction made by the Privileged Buyer using a payment card, the Seller will make the refund to the bank account associated with that payment card.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
The right of withdrawal from a distance contract, referred to in § 7 of the Terms and Conditions, does not apply to contracts:
- where the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Privileged Buyer or serving to satisfy their individualized needs;
- where the subject of the service is an item that is liable to deteriorate rapidly or has a short shelf-life;
- where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery;
- where the subject of the service is items which, after delivery, are, by their nature, inseparably mixed with other items;
- where the subject of the service is sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
- for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
- where the price or remuneration depends on fluctuations in the financial market that are beyond the Seller's control, which may occur before the withdrawal period expires;
- custom-made products.
COMPLAINTS
I. GENERAL PROVISIONS
The Seller is responsible to the Privileged Buyer for the conformity of the goods with the contract, as provided by the generally applicable laws, including in particular the Consumer Rights Act. The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address specified in § 2 of the Terms and Conditions. If a product is covered by a warranty, information about it, as well as its terms, is available in the Store. The Seller will respond to complaints within 14 days from the date of their receipt.
II. PRIVILEGED BUYERS
Goods
In the event of non-conformity of the goods with the contract, the Privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act. The Seller is liable for the lack of conformity of the goods with the contract existing at the time they are delivered and revealed within two years from that time, unless the shelf-life specified by the Seller, their legal predecessors, or persons acting on their behalf is longer. Under the provisions of the Consumer Rights Act, in the event of non-conformity with the contract, the Privileged Buyer may request:
- replacement of the goods,
- repair of the goods.
Additionally, the Privileged Buyer may submit a statement on:
- price reduction,
- withdrawal from the contract,
in situations where:
- the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
- the Seller has not brought the goods into conformity with the contract in accordance with Article 43d(4-6) of the Consumer Rights Act;
- the lack of conformity of the goods with the contract persists despite the Seller's attempts to bring the goods into conformity with the contract;
- the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without first using the remedies specified in Article 43d of the Consumer Rights Act;
- it is clear from the Seller's statement or circumstances that they will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the Privileged Buyer.
In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller will collect the goods from the Privileged Buyer at their own expense. The Privileged Buyer cannot withdraw from the contract if the non-conformity of the goods with the contract is insignificant. In the event of withdrawal from the contract referred to in this section (regarding goods), the Privileged Buyer must promptly return the goods to the Seller at their expense to the address: Strażacka 81a, 43-382 Bielsko-Biała. The Seller will refund the Privileged Buyer the price promptly, no later than 14 days from the day of receiving the goods or proof of their return. The Seller will refund the amounts due to the Privileged Buyer as a result of exercising the right to reduce the price promptly, no later than 14 days from the day of receiving the Privileged Buyer's statement on the price reduction.
Alternative Dispute Resolution
The Seller informs the Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for access to these procedures are available at the headquarters or on the websites of the entities authorized to conduct out-of-court dispute resolution. The Consumer can use, among others:
- the assistance of the relevant European Consumer Centre of the European Consumer Centres Network. The Centres provide information on consumer rights and assist in resolving disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. The list of Consumer Centres relevant to each country can be found at: European Consumer Centres Network
- the ODR (Online Dispute Resolution) platform, provided by the European Commission, available at: ODR Platform
Additionally, in the territory of the Republic of Poland, the following forms of support are available:
- mediation conducted by the territorially competent Voivodship Inspectorate of Trade Inspection, to which one should apply for mediation. Generally, the procedure is free of charge. A list of Inspectorates can be found here: Voivodship Inspectorates
- the assistance of the territorially competent permanent consumer arbitration court operating at the Voivodship Inspectorate of Trade Inspection, to which one should submit an application for consideration of the case before the arbitration court. Generally, the procedure is free of charge. A list of courts is available here: Permanent Consumer Arbitration Courts
The previous provision is for informational purposes and does not constitute an obligation for the Seller to use out-of-court dispute resolution methods. The use of out-of-court complaint and claim procedures is voluntary for both the Seller and the Consumer. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.
III. BUYERS OTHER THAN PRIVILEGED BUYERS
To avoid any doubts, the Seller notes that the responsibility of the Seller to a Buyer other than a Privileged Buyer, related to complaints, is governed by the provisions of § 11 sec. 7.
Returns
