Extract from the shop terms and conditions
- A consumer who buys goods online may withdraw from the distance sales contract within 14 days without giving a reason.
- The period referred to in paragraph 1 starts when the product is delivered to the consumer or to a person designated by the consumer, other than the carrier.
- If the contract covers several products delivered separately, in batches or in parts, the period referred to in paragraph 1 starts on delivery of the last item, batch or part.
- The consumer may withdraw by sending the seller a statement of withdrawal. The deadline is met if the consumer sends the statement before the withdrawal period expires.
- The statement may be sent by post, fax or email to the seller, or submitted on the seller’s website. The seller’s contact details are given in section 3 of the terms and conditions. The consumer may also use the model withdrawal form in Annex 1 to the terms and conditions and in the annex to the Polish Consumer Rights Act of 30 May 2014. Use of the form is optional.
- If the consumer submits the statement electronically, the seller will promptly confirm receipt by email to the address supplied by the consumer.
Effects of withdrawal
- If the consumer withdraws from a distance contract, the contract is deemed never to have been concluded.
- The seller will reimburse all payments received from the consumer, including delivery costs, without undue delay and no later than 14 days after receiving the statement of withdrawal. This excludes additional costs resulting from the consumer’s choice of a delivery method other than the least expensive standard delivery offered by the seller.
- The seller will use the same means of payment that the consumer used for the original transaction, unless the consumer has expressly agreed to another method that involves no cost to them.
- The seller may withhold reimbursement until the product has been received back or the consumer has supplied proof of dispatch, whichever occurs first.
- The consumer must send the product back to the seller at the address given in the terms and conditions without undue delay and no later than 14 days after notifying the seller of the withdrawal. The deadline is met if the product is dispatched before the 14 days expire.
- The consumer bears the direct cost of returning the product, including where the product, by its nature, cannot normally be returned by post.
- The consumer is liable only for any loss in the value of the product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.
- Where a product cannot normally be returned by post because of its nature, the product description in the shop will state this and give information about the cost of returning it.
- Under the terms and conditions, the consumer has no right to withdraw from a distance contract in the following cases.
- The contract is for goods that are not prefabricated and are made to the consumer’s specifications or to meet their individual needs.
- The contract is for sealed goods that cannot be returned for health protection or hygiene reasons once unsealed, and the packaging has been opened after delivery.
- The goods are liable to deteriorate rapidly or have a short shelf life.
- The seller has fully performed a service with the express consent of the consumer, who was informed before performance began that the right of withdrawal would be lost once the seller had fully performed the service.
- The price or remuneration depends on fluctuations in the financial market that are outside the seller’s control and may occur before the withdrawal period expires.
- The goods are, by their nature, inseparably mixed with other items after delivery.
- The contract is for alcoholic beverages whose price was agreed when the sales contract was concluded, whose delivery can take place only after 30 days and whose value depends on market fluctuations beyond the seller’s control.
- The contract is for audio or video recordings or computer software supplied in sealed packaging that has been opened after delivery.
- The contract is for the supply of newspapers, periodicals or magazines, other than a subscription contract.
- The contract is for digital content supplied without a physical medium, performance began with the consumer’s express consent before the withdrawal period expired, and the seller informed the consumer that they would lose the right of withdrawal.
