RIGHT OF WITHDRAWAL (RETURN POLICY)

  1. Subject to point 10 of this chapter, a customer who is both a consumer or a businessman with consumer rights who has concluded a distance contract may withdraw from the contract without stating reasons by making a declaration to that effect within a period of 14 days. Sending a declaration of withdrawal (model below) is sufficient to meet this deadline.

  2. In the event of withdrawal, the contract of sale shall be deemed not to have been concluded and the consumer or the trader on the rights of the consumer shall be obliged to return the product to the vendor or hand it over to a person authorised by the vendor to receive it without delay, but no later than 14 days from the day on which he or she has withdrawn from the contract, unless the vendor has offered to collect the product himself or herself. To meet the deadline it is sufficient to send the product back before its expiry.

  3. In the case of withdrawal from the sales contract, the Product should be returned to the address: ul. Krystyny i Mariana Barskich 5/6, 54-115 Wrocław.

  4. The consumer or the trader with consumer's rights, shall be liable for any diminished value of the product resulting from the use of the product beyond what is necessary to ascertain the nature, characteristics and functioning of the product, unless the trader has failed to inform the consumer or the trader with consumer's rights about the deadline for exercising the right of withdrawal, as well as the model withdrawal form. To ascertain the nature, characteristics and functioning of the products, the consumer or trader with consumer rights should only handle and inspect the products in the same way as they would be allowed to do in a shop in a stationary establishment.

  5. Subject to points 6 and 8 of this section, the seller will refund the value of the product plus the costs of delivery using the same method of payment as the consumer used, unless the consumer or the trader in the consumer's rights, has expressly agreed to a different method of refund that does not incur any costs for them. Subject to point 7 of this Chapter, reimbursement shall take place without delay and at the latest within 14 days after the seller has received the notice of withdrawal from the sales contract.

  6. If the consumer or the trader to whom the consumer has rights has chosen a type of delivery other than the least expensive type of delivery offered by the trader, the trader shall not be obliged to reimburse the consumer or the trader the additional costs incurred by him.

  7. Unless the trader has offered to collect the product from the consumer or the trader in the consumer's rights himself, the trader may withhold the reimbursement of the payment received from the consumer until he has received the item back or the consumer or the trader in the consumer's rights has supplied evidence of having sent back the item, whichever is the earliest.

  8. The consumer or trader with consumer rights withdrawing from the sales contract, in accordance with point 1 of this section, shall only bear the costs of returning the product to the seller.

  9. The fourteen-day period within which the consumer or trader with consumer rights may withdraw from the contract shall count: 9.1 for a contract in the performance of which the seller gives, under an obligation to transfer the ownership of the product, from the day on which the consumer or the trader to whom he is entitled (or a third party other than the carrier designated by the consumer) takes possession of the product, 9.2 for a contract which involves multiple products delivered separately, in lots or pieces, from the day on which he takes possession of the last product, lot or piece, 9.3 for a contract which involves regular delivery of a product over a defined period of time, from the taking possession of the first product, 9.4 for other contracts, from the day of conclusion of the contract.

  10. The right of withdrawal from a distance contract does not apply to a consumer or a trader with consumer rights, in the case of a sales contract: 10.1 in which the object of performance is a non-refabricated good, produced to the consumer's specifications or serving to meet his/her individual needs, 10.2 where the object of the performance is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery, 10.3 in which the object of the performance is goods which, after delivery, by their nature become inseparable from other things, 10.4 for the provision of services for which the consumer is liable to pay the price, where the trader has supplied the service in full with the express and prior agreement of the consumer, who has been informed before the performance begins that he will lose his right of withdrawal after the trader has supplied the service and has acknowledged it, 10.5 where the object of the performance is perishable goods or goods with a short shelf life.

DECLARATION OF WITHDRAWAL TEMPLATE

  • date of the letter and details of the seller,

  • I hereby inform you...

  • date of order

  • date of delivery

  • full name, address, signature (in case of post letter)