A consumer who has concluded 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. To meet the deadline, it is enough to send a declaration before the deadline. The declaration of withdrawal from the contract may be submitted, for example:
- in writing to the address: Przedzalniana 6L, 15-688, Białystok;
- via e-mail: firstname.lastname@example.org
A sample of a withdrawal form is included in Appendix no. 2 to the Act on Consumer Rights, and is also available in point 11 of the Regulations and on the website of the Online Store in the “Withdrawal from the contract” tab.
The period for withdrawal from the contract begins:
- for a contract in which the Seller issues the Product, being obliged to transfer its ownership (e.g. a Sales Agreement)
- from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products;
- for other contracts – from the date of the contract.
In the event of withdrawal from a distance contract, the contract is considered void.The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of his return, depending on which event occurs first.
The consumer has an immediate, no later than 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To keep the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: 6L Przedzalniana, Białystok, 15-688.
The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
The consumer bears the direct costs of returning the Product.
In the case of a Product which is a service, the performance of which – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
- for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
- in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;
- in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;
- in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; - in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;
- in which the consumer has expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products;
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- about the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
- concluded through a public auction;
- for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
- about the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.