1. RIGHT OF DUE TO CONTRACT
(REFERRED TO SALE AGREEMENTS AVAILABLE FROM 25 DECEMBER 2014)
1.1. A consumer who has entered into a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. It is enough to send a statement before it expires. A statement of withdrawal may be submitted, for example: - in writing to: ul. Szkolna 7, 42-233 Wierzchowisko; - in electronic form by e-mail to: email@example.com;
1.2. An exemplary withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available on the website of the Online Shop under the "Cancellation" tab. The consumer may use the form template, but this is not mandatory.
1.3. The term of withdrawal shall begin:
1.3.1. for an agreement in which a Seller issues a Product, being obliged to transfer his property (eg, a Sales Contract) - from taking over the Product held by the consumer or a third party designated by him, other than the carrier, and in the case of a contract that: many Products that are delivered separately, in batches or in parts - from the last item, part or part, or (2), consist of a regular supply of Products for a fixed period of time - from taking possession of the first Product;
1.3.2. for other contracts - from the date of conclusion of the contract.
1.4. In the event of termination of the contract, the contract is considered not to be.
1.5. Seller shall immediately, not later than within 14 calendar days of receipt of the consumer's withdrawal declaration, return to the consumer any payment made by him, including delivery costs of the Product (except for additional costs resulting from the delivery method chosen by Customer other than cheapest common way of delivery available in the Internet Shop). The Seller shall reimburse the payment using the same method of payment as the consumer used, unless the consumer expressly agrees to another way of repayment which does not involve him at all. If the Seller has not offered to receive the Product himself from the consumer, he may refrain from reimbursing the payment received from the consumer until the Product returns or the consumer provides proof of his return, whichever occurs earlier.
1.6. The consumer shall immediately, not later than within 14 calendar days of the date on which he withdraws from the contract, return the Seller Product or transfer it to a person authorized by the Seller for receipt unless the Seller has offered to receive the Product himself. To keep the deadline, it is sufficient to return the Product before expiry. The consumer may return the Product to: ul. Szkolna 7, 42-233 Wierzchowisko.
1.7. The consumer is responsible for reducing the value of the Product resulting from its use beyond the necessary to determine the nature, characteristics and functionality of the Product.
1.8. Possible costs associated with the consumer's withdrawal from the contract that the consumer is obliged to pay:
1.8.1. If the consumer chooses to deliver the Product other than the cheapest ordinary delivery method available at the Internet Shop, the Seller is not obliged to reimburse the consumer for additional costs.
1.8.2. The consumer bears the direct cost of returning the Product.
1.8.3. In the case of a Product that is a service whose execution - at the express request of the consumer - commences before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after the request is made must pay for benefits fulfilled until the contract is terminated. The amount of payment shall be calculated in proportion to the scope of the service provided, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating that amount is the market value of the service rendered.
1.9. The right to withdraw from a distance contract is not available to the consumer in respect of contracts:
1.9.1. (1) the provision of services if the Seller has performed the full service with the express consent of the consumer who has been informed prior to the commencement of the service that, upon satisfaction of the Seller's performance, he will lose the right to withdraw from the contract; (2) where the price or remuneration is determined by fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiry of the withdrawal period; (3) the subject of which is an Uncertain Product, manufactured to the specifications of the consumer or satisfying his individual needs; (4) where the subject matter is a product that is rapidly deteriorating or has a short shelf-life; (5) where the Product is supplied in a sealed package which can not be returned for health or hygiene reasons after opening the package, if the packaging has been opened after delivery; (6) where the products are supplied, which, upon their delivery, are inseparably linked to other items; (7) where the subject of the offer is alcoholic beverages, the price of which has been agreed upon the conclusion of the Sale Agreement and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) where the consumer explicitly requested the Seller to come to him for emergency repair or maintenance; if the Seller provides additional services than those requested by the consumer, or supplies products other than spare parts necessary for repair or maintenance, the consumer shall be entitled to withdraw from the contract for additional services or Products; (9) where the subject matter is audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery; (10) o delivery of journals, periodicals or periodicals, except for subscriptions; (11) concluded by public auction; (12) to provide accommodation services other than for residential purposes, carriage of goods, car hire, catering, leisure, entertainment, sporting or cultural events if the contract indicates the day or period of service; (13) o providing digital content that is not recorded on a material medium if the performance of the benefit has commenced with the express consent of the consumer before the expiration of the withdrawal period and after informing the Seller of the loss of the right to withdraw from the contract.