RETURN AND REPLACEMENT
1. The right to withdraw from the agreement (regards as well the sales agreements concluded from 25 December 2014).
1.1. The consumer who concluded the distance agreement may withdraw therefrom within 14 calendar days without providing reasons and bearing costs other than those defined in point 8.8 hereof, by sending a declaration about withdrawing from the agreement:
1.1.1.in a written form to the following address: ul. Rozbrat 44 a/301, 00-419 Warszawa;
1.1.2.in an electronic form to: firstname.lastname@example.org;
1.2. An example declaration about withdrawing from the agreement is included in Attachment No. 2 to the Act on Consumer Rights, additionally in point 11 hereof as well as on the Shop website – in the section regarding withdrawing from the agreement. The consumer might use the draft, however, it is not obligatory.
1.3.The period of withdrawal from the agreement shall commence:
1.3.1. for the agreement in which the Seller gives out the Product and is obliged to transfer the ownership thereof (e.g. Sales agreement) – from taking the Product in the possession by the consumer or any third party designated by the consumer other than the carrier, and in the case of an agreement, which: 1) includes a lot of Products which are delivered separately, in consignments or in parts – from taking the last Product, consignment or part, or 2) consists in providing regular supplies of the Products for a specified period of time – from taking the first Product in the possession.
1.3.2.for all the remaining agreements – from the date of concluding the agreement.
1.4. In the event of withdrawal from the distance agreement, the agreement shall be considered as not concluded.
1.5. Within 14 calendar days from the date of receiving the declaration about withdrawing from the Sales agreement, the Seller shall be obliged to immediately return all payments made by the Consumer, including the shipment costs of the Product (excluding additional costs resulting from the delivery option chosen by the client other than the cheapest delivery option available in the online Shop). The Seller shall return the payment using the same method of payment as the consumer, unless the consumer has explicitly agreed to a different way of returning the payment which is not related to any costs. In the event when the Seller did not offer to pick the Product up from the consumer on its own, the Seller may withhold the reimbursement of the payments received from the consumer until the product has been received back by the Seller or the Consumer has delivered a proof of sending the Product back to the Seller – depending on which event occurs first..
1.6. Not later than within 14 calendar days from the date when the consumer withdrew from the agreement, the consumer shall be obliged to immediately return the Product to the Seller or to give it to a person authorized to pick the Product up by the Seller, unless the Seller has offered to collect the Product on its own. The period for withdrawal shall be deemed to be observed if the Product is sent before its expiry. Consumers may return the Product to the address: ul. Rozbrat 44 a/301, 00-419 Warszawa.
1.7. The consumer shall be liable for any diminished value of the Product resulting from the handling other than it was necessary to establish the nature, characteristics and functioning of the Product.
1.8. Possible costs related to withdrawing from the agreement by the consumer which shall be borne by the consumer:
1.8.1. If the consumer has chosen other delivery option than the cheapest one available in the online shop, the Seller shall not be obliged to reimburse the additional costs borne by the consumer. 8.8.2. The consumer shall incur direct costs of the Product replacement. 8.8.3. If the Product is a service, the execution of which, at the explicit request of the consumer began before the deadline to withdraw from the agreement, the consumer exercising the right to withdraw from the agreement after filing such a request shall be obliged to pay for the services performed until the withdrawal. The amount to be paid shall be calculated proportionally to the extent of the services performed taking the price or remuneration agreed in the agreement into consideration. If the price or remuneration is excessive, the market value of the service fulfilled shall constitute the basis for calculating the amount to be paid.
1.9. The right to withdraw from the distance agreement shall not be given to the consumer with regard to agreements:
1.9.1.(1) for providing services if the Seller performed the service completely with the express consent of the consumer, who had been informed before the provision of the service, that after the provision of the service by the Seller, the consumer will lose its right to withdraw from the agreement; (2) where the price or the remuneration depends on market fluctuations over which the Seller has no control and which may occur before the expiry of the deadline to withdraw from the agreement; (3) the subject of which is a non-fabricated Product produced in accordance with the specifications delivered by the consumer or which serves to satisfy the consumer’s needs; (4) the subject of which is a Product liable to deteriorate or expire quickly; (5) the subject of which is a product delivered in a sealed container, which after opening the package cannot be returned due to health protection of hygiene reasons, in the event when the package was opened after the delivery; (6) the subject of which is products which after the delivery, due to their nature, are linked with other things; (7) the subject of which are alcoholic beverages the price of which was agreed upon the conclusion of the Sales agreement and which can be supplied after 30 days and the value of which depends of the market fluctuations beyond the control of the Seller; (8) in which the consumer explicitly required the Seller to arrive and make an urgent repair or maintenance; if the Seller additionally provides services other than those demanded by the consumer, or delivers Products other than spare parts necessary for repair or maintenance, the right to withdraw from the agreement shall be granted to the consumer as far as the additional services or products are concerned; (9) the subject of which is sound or visual recordings or computer software delivered in a sealed package, if the package was opened after the delivery; (10) for delivering newspapers, periodicals or magazines except for subscription agreements; (11) concluded in a public auction; (12) for providing accommodation services other than for residential purposes, transport of goods, car rental, catering, services connected with leisure activities, entertainment, sport or cultural events, if a day or period of providing services was indicated in the agreement; (13) for supplying digital content which is not stored in a tangible medium if the provision of the service was initiated at the explicit consent of the consumer before the expiry of the deadline to withdraw from the agreement and after delivering information by the Seller about the loss of the right to withdraw from the agreement.
2. Product replacement right
2.1. Notwithstanding the provisions of point 6 & 8 hereof, the Client has the option to replace the Product with a different one available in the online Shop within 14 days from the date of receipt of the product by the client and without any reason, by submitting a declaration in a written form to: ul. Rozbrat 44 a/301, 00-419 Warszawa; or in an electronic form to: email@example.com.
2.2. The product can be replaced with a different one with characteristics specified by the Client, subject to its availability in the online Shop. In the event of any price difference between the product to be replaced and the product desired, the Client shall be obliged to equal or return the price difference respectively. The product shall be unchanged, unless the change was necessary in the ordinary management. The Product shall be sent to: ul. Rozbrat 44 a/301, 00-419 Warszawa.
2.3. The cost of sending the Product to be replaced to the Seller shall be borne by the Client. The cost of sending a new Product to the Client shall be borne by the Seller. The Seller undertakes to replace the Product immediately, not later than within 14 days from the date of receipt of the Product replaced.
3. Provisions applicable to entrepreneurs
3.1. This point hereof as well as the provisions therein refer exclusively to the Clients and Recipients who are not consumers.
3.2. The Seller has the right to withdraw from the distance Sales agreement concluded with the Client who is not a consumer within 14 calendar days from the date of its conclusion. In the event thereof, the agreement may be withdrawn without providing reasons and does not create any claims from the Client who is not a consumer against the Seller.
3.3. In the event of Clients who are not consumers, the Seller has the right to limit available methods of payment as well as to require prepayment in whole or in part regardless of the payment method chosen by the Client and the fact of concluding the Sales agreement.
3.4. At the time of transferring the Product to the carrier, the benefits and burdens related to this Product as well the risk of accidental loss or damage to the Products shall be borne by the Client who is not a consumer. In such case the Seller shall not be liable for loss, defect or destruction of the Product which emerged between the acceptance thereof for transfer and its delivery, as well as for the delay in the delivery.
3.5. In the event of sending the Product to the Client via carrier, the Client who is not a consumer shall be obliged to inspect the parcel at the time and in the manner adopted for consignments of this kind. If it states that the Product has suffered a defect or damage during the transport, it is obliged to perform all necessary actions to determine the liability of the carrier.
3.6. In accordance with Article 558 § 1 of the Civil Code, the liability of the Seller under the statutory warranty in relation to the Client who is not a consumer shall be excluded..
3.7. As far as the Recipients who are not consumers are concerned, the Service provider may withdraw from the Agreement for the provision of Electronic services with immediate effect and without indicating the reasons by submitting an appropriate declaration to the Recipient.
3.8. The liability of the Service Provider/Seller in relation to the Recipient/Client who is not consumer, regardless of its legal basis, shall be limited – both for a single claim and all claims in total – to the amount of the price paid and delivery costs with respect to the Sales agreement, however, not more than to the amount of one thousand zlotys. The Service Provider/Seller shall be liable only for typical damage which was predictable at the time of conclusion of the agreement in relation to the Recipient/Client who is not a consumer and shall not be liable for the loss of profit in relation to the Recipient/Client who is not a consumer.
3.9. All disputes which arise between the Seller/Service Provider and the Client/Recipient who is not a consumer shall be referred for determination to the court having territorial jurisdiction over the registered office of the Seller/Service Provider.
4. Final provisions
4.1. The agreements concluded over the online Shop are concluded in the Polish and English language.
4.2. Amendments to the Rules and Regulations:
4.2.1. The service Provider reserves the right to amend the Rules and Regulations due to important reasons such as: change in the law, change in the methods of payment and deliveries – within the scope which influences implementation of the provisions hereof.
4.2.2. In the event of concluding continuous agreements on the basis hereof (e.g. provision of electronic services – account), the recipient shall be bound by the rules and regulations changed, if the requirements determined in Article 384 and 384 of the Civil Code were met, i.e. the Recipient has been properly informed about the changes and has not terminated the agreement within 14 calendar days from the date of the notification. If the change resulted in the introduction of any new fees or the increase of the existing ones, the Recipient who is not a consumer has the right to withdraw from the agreement.
4.2.3. In the event of concluding agreements of a different nature than continuous agreements (e.g. Sales agreement), the changes of the Rules and Regulations shall in no way affect the right acquired by the Recipients/Clients who are consumers until the changes of the Rules and Regulations will be effective, in particular the amendments to the Rules and Regulations shall not affect the Orders already submitted or the Sales agreements concluded, performed or executed.
4.3. In all matters not regulated herein, the provisions of the generally applicable law in Poland shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Services by Electronic Means (Dz.U. 2002 No. 144, item 1204, as amended); for the Sales agreements concluded till 24 December 2014 with Clients who are consumers – the provisions of the Act of 2 March 2000 on the Protection of some Consumer Rights and Liability for Damage caused by a Dangerous Product (Dz.U. 2000 No. 22, item 271, as amended) and the Act of 27 July 2002 on Specific Consumer Sale and on the Amendment to the Civil Code (Dz.U. 2002 No. 141, item 1176, as amended); for the Sales agreements concluded from 25 December 2014 with Clients who are consumers – the provisions of the Act of 30 May 2014 on the Consumer Rights (Dz.U. 2014 item 827, as amended); and other applicable provisions of the currently binding law.
5. A withdrawal form (Appendix No. 2 to the Act on Consumer Rights).