Right of withdrawal from the contract
- The customer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The running of the period specified in sec. 10.1 (of the Store Regulations) starts from the delivery of the Product to the Customer or a person other than a carrier indicated by the Customer.
- The Customer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract it is sufficient for the Customer to send the statement before the deadline.
- The form for complaint/return of goods can be found here.
- The statement can be sent by traditional mail or electronically by sending a statement to the e-mail address of the Seller. Vendor – the contact details of the Vendor are specified in Section 3 (of the Store Regulations). The statement can also be submitted on the form, the model of which is attached as Appendix 1 to these Store Regulations and the appendix to the Act of May 30, 2014 on Consumer Rights, but it is not mandatory.
If the Customer sends the statement electronically, the Seller will immediately send the Customer at the e-mail address provided by the Customer a confirmation of receipt of the statement of withdrawal from the Contract.
- Effects of withdrawal from the Contract:
a. in the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded.
b. in the case of withdrawal from the Agreement, the Seller shall return to the Customer immediately, no later than within 14 days from the date of receipt of the Customer’s statement of withdrawal from the Sales Agreement, all payments made by the Customer, including the costs of delivering the items, except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Seller.
c. the Seller will refund the payment using the same methods of payment that were used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution that will not incur any costs for him.
d. The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of its return, whichever event occurs first.
e. The Customer should send the Product back to the Seller’s address given in these Terms and Conditions in item. 3 immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Contract. The deadline will be met if the Customer sends back the Product before the expiration of the 14-day period. The returned Product must be packed in a cardboard box, must be stuffed and have no defects or signs of use.
f. The Customer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
g. The Customer shall be liable only for the diminished value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
- The right of withdrawal from a contract concluded at a distance does not apply to the Customer with respect to the Contract:
a. in which the subject of the performance is a non-refabricated thing, produced according to the specifications of the Consumer or serving to meet his individualized needs,
b. in which the subject of performance is an item supplied in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery,
c. in which the subject of performance is a perishable item or an item with a short shelf life,
d. 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 start of the service, that after the Seller’s performance will lose the right to withdraw from the Agreement,
e. 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 for withdrawal from the Agreement,
f. in which the subject of performance are things which, after delivery, by their nature, are inseparably combined with other things,
g. in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
h. in which the subject of the provision are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
i. for the supply of newspapers, periodicals or magazines, except for a subscription contract,
j. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the Contract.
Complaints and warranty
- The Contract of Sale covers new Products.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
- The complaint should be reported in writing or electronically to the Seller’s addresses given in the Store Regulations.
- Goods sent back under the complaint procedure should be sent to the address given in item. 3 of the Store Regulations.
- The Seller shall respond to the Customer’s complaint within 14 calendar days from the date of its receipt along with the Product to which it relates.
Out-of-court ways of dealing with complaints and redress of grievances
- Detailed information about the possibility for the Customer to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory konsumenckie.php
- The customer has the following examples of out-of-court means of complaint handling and redress:
a. The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller,
b. Klinet is entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller,
c. The Customer may obtain free assistance in resolving a dispute between him and the Vendor, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
Sample withdrawal form
Model withdrawal form (this form should be filled out and sent back only if you wish to withdraw from the contract)
– Addressee: Michał Kapuściński, ul. Bałuckiego 9a/16, 30-318 Kraków. www.talklessdomore.pl, firstname.lastname@example.org
– I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract for delivery of the following items(*) the contract for work consisting in the performance of the following items(*)/the provision of the following service(*)
– Date of conclusion of the contract(*)/collection(*) ……………………………………….
– Customer’s name ……………………………………….
– Customer’s address ……………………………………….
– Account number for customer’s return ……………………………………….
– Customer’s signature (only if the form is sent in hard copy)
– Date ……………………………………….
(*) Delete unnecessary.
The return/complaint form can be found here
Read the Terms and Conditions of the Store here.