Right to withdraw from the Agreement (Return of Goods)
1. The consumer or a natural person entering into an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person (particularly arising from the subject of their business activity, made available based on the provisions of the Central Register and Information on Economic Activity), may withdraw from the sales agreement within 14 days from the date of concluding the Sales Agreement without stating a reason, by submitting a relevant written statement within 14 (fourteen) days. This period starts from the day the Buyer takes possession of the item or the day indicated by them, or in the case of an agreement that:
a) includes multiple items delivered separately, in batches, or in parts - from taking possession of the last item, batch, or part,
b) involves the regular delivery of items for a specified period - from taking possession of the first item. Sending the withdrawal statement before the expiration of the deadline to the Seller is sufficient to meet the deadline. The statement can also be submitted on the form, the template of which is attached as Appendix 1 to the Regulations. Withdrawal form.
2. In the case of withdrawal from a distance sales agreement, the agreement is considered not concluded.
3. If the Buyer has submitted a statement of withdrawal from the sales agreement before the Seller accepted their offer, the offer is no longer binding.
Customer's Obligations
4. The Customer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but not later than 14 days from the day on which they withdrew from the sales agreement, unless the Seller has offered to collect the goods themselves. Sending the goods before the deadline expires is sufficient to meet the deadline. The goods should be packed in a way that ensures their safe transport.
5. The Customer bears the direct costs of returning the goods (return shipping costs).
6. The Customer is responsible for any decrease in the value of the goods resulting from using them in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the goods.
Seller's Obligations
7. The Seller is obliged to refund to the Customer all payments made by them, including the costs of delivering the goods, immediately, no later than 14 days from the day of receiving the Customer's statement of withdrawal from the sales agreement.
8. The Seller makes the refund using the same payment method that the Customer used, unless the Customer explicitly agreed to a different method of refund that does not involve any costs for them.
9. If the Customer chose a method of delivering the goods other than the cheapest standard delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.
10. If the Seller has not offered to collect the goods from the Customer themselves, they may withhold the refund of payments received from the Customer until they receive the goods back or until the Customer provides proof of sending it back, depending on which event occurs first.
11. It is recommended to include a proof of purchase to facilitate the return process.
Statutory exclusion of the right to withdraw from the sales agreement
12. The right to withdraw from the agreement does not apply in situations specified in art. 38 of the Act, i.e., in relation to agreements:
a) for the provision of services, if the entrepreneur has fully performed the service with the explicit consent of the consumer, who was informed before the service began that, once the entrepreneur has fully performed the service, they will lose the right to withdraw from the agreement;
b) where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiration of the withdrawal period;
c) for the supply of goods made to the consumer's specifications or clearly personalized to meet their individual needs;
d) for the supply of goods that are liable to deteriorate rapidly or have a short shelf life;
e) for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons, if the packaging has been opened after delivery;
f) for the supply of goods that are, after delivery, according to their nature, inseparably mixed with other items;
g) for the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales agreement, and which can be delivered only after 30 days, and whose value depends on fluctuations in the market that the entrepreneur does not control;
h) where the consumer has expressly requested the entrepreneur to come to them for urgent repair or maintenance work; if the entrepreneur provides additional services beyond those requested by the consumer, or supplies goods other than spare parts necessary for the repair or maintenance, the right to withdraw from the agreement applies to the additional services or goods;
i) for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the consumer's explicit consent before the withdrawal period and after the entrepreneur informed them of the loss of the right to withdraw from the agreement.
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