Withdrawal from the contract
THE RIGHT TO WITHDRAW FROM THE CONTRACT, RETURNS AND EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: email@example.com or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is among others, providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods:
(1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl /);
(2) an application for an out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at firstname.lastname@example.org and at the consumer helpline number 801 440 220 (the hotline is open on Working Days, from 8:00 to 18:00, connection fee according to the operator’s tariff).
4. At the address http://ec.europa.eu/consumers/odr, there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
5. 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 statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
– in writing to the following address: ul. Łaska 92 m. 30, 95-200 Pabianice.
-by e-mail to the following address: email@example.com
6. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations and on the Online Store website in the withdrawal tab. The consumer may use the template of the form, but it is not obligatory.
7. The period for withdrawal from the contract begins:
for the contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking the Product into possession by the consumer or indicated by him a third party other than the carrier, and in the case of a contract that: (1) includes 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 over a period of time marked – from taking possession of the first of the Products;
for other contracts – from the date of concluding the contract.
8. In the event of withdrawal from a distance contract, the contract is considered void.
9. 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 delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the consumer 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 its return, whichever occurs first.
10. The consumer is obliged to immediately, no later than within 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 meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address:
ul. Łaska 92 m. 30, Pabianice 95-200.
11. The consumer is responsible for the 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.
12. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
The consumer bears the direct costs of returning the Product.
In the case of a Product that is a service whose performance – 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 provided until the withdrawal from the contract. The amount to be paid 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 provided service.
13. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
(1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer, who was informed before the commencement of the service that after fulfilling performance by the Seller will lose the right to withdraw from the contract;
(2) 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; (3) 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; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) 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 has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where 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; (8) in which the consumer has expressly requested the Seller to 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; (9) 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; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) 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 indicates the day or period of service provision; (13) for 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.