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Right of refusal

   Right of withdrawal (refusal)

8.1.   The Seller informs the Buyer about the conditions of use of the right of withdrawal in the web Information section and will fill prepared form–“Refusals”

8.2.   The buyer may exercise the right of withdrawal within a specified period of time and, without giving a reason for refusal, depart from the concluded distance contract. The using the rights of withdrawal terminates the contract and releases the Buyer from any obligations arising from the concluded agreement.

8.3.   By using the right of withdrawal, the Buyer must return the item received to the Seller, but the Seller must repay to the Buyer all payments received. However, the Seller has the right to withhold repayment of the money until the return of the goods.

8.4.   The buyer can use the right of withdrawal within 14 days from the date of receipt of the goods if an agreement on the purchase of the goods has been concluded or within 14 days from the day the contract for the receipt of the service is concluded.

8.4.1.      First day. The 14-day time period record is according to the following terms, the first day is the day the Buyer has received the item. If the Buyer has received the item at the Seller Store, then this is the first day when the time record is started, regardless of what term the Buyer has delivered the product to the intended place.

8.4.2.      Last day. Referring to point 8.4.1. The period of 14 days shall end immediately on the 14th day after the first day, unless otherwise agreed by the Parties.

8.5.   In order to use the right of withdrawal, the Buyer must send the notice to the Seller or service provider within the term of the above-mentioned right of withdrawal (example of the Cabinet Regulation No. 255 of 20 May 2014, "Regulations on the Distance Contract", on the Consumer Rights Protection Center website) Such notice is not obligatory to follow any particular form, but in order to qualitatively proceed the right of withdrawal and to observe the good Customer Service Culture, the Seller invites to use the form that is available for the Customer's convenience at the Seller's Internet Store under the section Customer Service - Refusals.

8.6.   Any statement should clearly indicate:

8.6.1.      the seller or service provider from whom the product or service was purchased,

8.6.2.      the text of the notice of withdrawal (when it is concluded for which goods or services),

8.6.3.      date of order receipt of the product or service,

8.6.4.      information about the Buyer (name, surname, contact phone or e-mail address, address);

8.6.5.      the date and signature of the notification (if the notice is sent in paper form by post).

8.7.   Since the Buyer is obliged to prove the use of the right of withdrawal, the Buyer must provide proof of the sending of the refusal. The Seller's Internet Multistore provides the Consumer with the opportunity to fill in the electronic form of the withdrawal form or send it by e-mail. The Seller undertakes to immediately inform the Buyer by sending receipt of the notice of withdrawal, which may serve as evidence of refusal.

8.8.   Within fourteen days (see points 8.4.1 and 8.4.2), the Buyer must return the goods received to the Seller, while the Seller is obliged to repay to the Buyer all the payments made.

8.9.   The Parties agree that the Seller does not undertake to cover the direct costs associated with the return of the Goods, unless otherwise indicated in the offer.

8.10.            The Buyer is responsible for covering the direct costs associated with the return of the Goods, if the Seller or the Service Provider has not undertaken to cover it.

8.11.            If the Buyer has exceeded the Term of Refusal (see paragraphs 8.4.1 and 8.4.2) or if the Parties have agreed upon - another agreed term, the Seller reserves the right not to accept the goods from the Buyer.

 

 

 

9.      Nullity of the right of withdrawal.

9.1.   The seller informs that from the Cabinet of Ministers regulations and the Consumer Rights Protection Act there are several cases where the right of withdrawal cannot be used. In particular, the right of withdrawal cannot be exercised if:

9.1.1.         TheBuyer cannot be considered a Consumer within the meaning of the Consumer Rights Protection Law, that it is not aindividual person (household) who purchases a product or service for purposes other than those relating to his business or professional activities,

9.1.2.         Complete service is complete

9.1.3.         The price of a good or service depends on the fluctuations of the financial market;

9.1.4.         The item is made according to Buyer's instructions or it is clearly personalized,

9.1.5.         The product is perishable or expires soon (for example, food items);

9.1.6.         The buyer has opened a packaging for a good that cannot be returned for health and hygiene reasons,

9.1.7.         The goods after delivery are irreversibly mixed with other things;

9.1.8.         The buyer has opened an audio, video or computer software package;

9.1.9.         Newspapers, periodicals or magazines are delivered;

9.1.10.     Contract concluded at auction;

9.1.11.     The contract is concluded for accommodation services (except for rental of living space), transportation of goods, hire of vehicles, catering, entertainment events, if the service provider undertakes to provide it in due time;

9.1.12.     The contract is for the supply of digital content that is not supplied on a durable medium.

9.1.13.     The buyer is aware that the right of withdrawal is not intended to allow the abusive use of the product free of charge during the period of exercise of the right of withdrawal, but to enable it to verify the properties and performance of the product and return it to the Seller, if it does not meet the expected. Consequently, if the product has been used before the use of the right of withdrawal exceeds the reasonable threshold for checking it, then the Buyer is liable for the decrease of the value of the goods and may be obliged to compensate the Seller for the losses.