1. RIGHT TO WITHDRAWAL
(CONCERNS SALES AGREEMENTS CONCLUDED ON 25 DECEMBER 2014 OR LATER)
1.1. A Consumer who has concluded a remote agreement is authorised, within 14 calendar days, to withdraw from the agreement without providing any reasons and incurring any costs, except for costs specified in point 8.8 of the Rules. In order to comply with the time limit, it is sufficient to send a statement before its lapse. A statement of withdrawal may be submitted e.g.: – in writing to the following address: ul. Rdestowa 53D, 81-577 Gdynia; – in an electronic form by e-mail to the following address: email@example.com.
1.2. A model form of withdrawal is included in Appendix No. 2 to the Consumer Rights Act and additionally available at the website of the Online Shop in the “Withdrawal” tab. A consumer may use the model form, but it is not required.
1.3. The time limit for withdrawal from the agreement begins to run:
1.3.1. in the case of an agreement under which the Seller providing a Product is obliged to transfer the ownership of the latter (e.g. Sales Agreement) – from the moment in which the consumer – or a third person indicated by the consumer, other than the carrier – takes possession of the Product, and in the case of an agreement which: (1) comprises many Products delivered separately, in batches or in part – from the moment in which the last Product, batch or part is taken in possession, or (2) provides for regular deliveries of Products for a definite period of time – from the moment in which the first of the Products is taken in possession;
1.3.2. in the case of other agreements – from the date of conclusion of the agreement.
1.4. In the case of withdrawal from a remote agreement, the agreement is considered unconcluded.
1.5. The Seller is obliged to promptly, within 14 calendar days from the receipt of the consumer’s statement of withdrawal, return all payments made by the consumer, including costs of Product delivery (except for additional costs resulting from the method of delivery other than the cheapest ordinary method of delivery available in the Online Shop selected by the Customer), to the consumer. The Seller shall repay the payments in the same manner in which the consumer made them, unless the consumer has expressly agreed for a different method of repayment which does not charge the consumer with any additional costs. If the Seller did not propose to collect the Product from the consumer, the Seller may withhold the repayment of payments received from the consumer until the moment of receipt of the Product or of a proof that the Product has been send back from the consumer, whichever is the earlier.
1.6. The consumer is obliged to immediately, within 14 calendar days from the day of withdrawal, return the Product to the Seller or convey it to a person authorised by the Seller to collect the Product, unless the Seller proposes to collect the Product themselves. In order to comply with the time limit, it is sufficient to send the Product before its lapse. The consumer may return the Product to the following address: ul. Rdestowa 53D, 81-577 Gdynia.
1.7. The consumer is responsible for a reduction in the value of the Product resulting from its use which goes beyond what is necessary to identify the character, features and functioning of the Product.
1.8. Possible costs related to the withdrawal by the consumer charged to the consumer:
1.8.1. If the consumer chose a method of Product delivery other than the cheapest ordinary method of delivery available in the Online Shop, the Seller is not obliged to reimburse additional costs incurred by the consumer.
1.8.2. The consumer incurs direct costs of return of the Product.
1.8.3. In the case of a Product being a service, the performance of which – at an expressive request of the consumer – began before the lapse of the time limit for withdrawal, the consumer executing the right to withdrawal shall be obliged, after having submitted such a request, to pay for services performed before the withdrawal. The amount of payment shall be calculated in proportion to the extent of the service provided, considering the price or remuneration agreed under the agreement. If the price or remuneration is too high, the basis for the calculation of the said amount shall be the market value of the service provided.
1.9. The consumer does not have the right to withdraw from a remote agreement:
1.9.1. (1) on service provision, if the Seller has provided the entire service at an expressive consent of the consumer, who was informed – before the provision of the service – that after the service is provided by the Seller, the consumer loses the right to withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market which are beyond the control of the Seller and which may occur before the lapse of the time limit for withdrawal; (3) in which the object of performance is a non-prefabricated Product made to the consumer’s specifications or to meet their individual needs; (4) in which the object of performance is a Product liable to deteriorate or expire rapidly; (5) in which the object of performance is a sealed Product which is not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; (6) in which the object of performance are Products which are, after delivery, according to their nature, inseparably mixed with other items; (7) in which the object of performance are alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller; (8) in which the consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance; if, on the occasion of such visit, the Seller provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or Product; (9) n which the object of performance are sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; (10) on the supply of a newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications; (11) concluded at a public auction; (12) on the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance; (13) on the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that the consumer thereby loses their right of withdrawal.
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