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Withdrawal from the contract - electronic return form

  1. A consumer who has concluded a Distance Sales Contract may, within 14 days, withdraw from it without giving any reason. In the event of withdrawal from a Distance Sales Contract - the contract shall be deemed not to have been concluded.
  2. The individual Entrepreneur shall also have the right to withdraw from the contract under the terms of paragraphs 6 and 7 hereof. Insofar as in paragraphs 6 and 7 of these Terms and Conditions refers to the Consumer, it is also understood to mean the Individual Entrepreneur.
  3. In the case of withdrawal from the contract - the Consumer shall bear only the direct costs of returning the Goods.
  4. The Consumer's statement must clearly express his will to withdraw from the contract, in particular the Consumer may:
    1. use the electronic return form available on the website of the Online Shop: https://sklep.apimiodek.pl/returns-open.php.
    2. withdraw from the contract using the withdrawal form attached as Appendix 2 - by sending it to the Seller's registered address.
    3. The Seller shall immediately confirm on a durable medium the fact of receipt of the statement of withdrawal from the contract submitted in the manner indicated in subsections 1 and 2.
  5. Sending the statement before its expiry shall be sufficient to meet the deadline.
  6. The period for withdrawal from the contract shall begin:
    1. for a contract in the performance of which the Seller delivers the Goods, being obliged to transfer their ownership - from the taking possession of the Goods by the Consumer or a third party other than the carrier indicated by the Consumer, and in the case of a contract which:
      1. involves multiple items which are delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
      2. consists of the regular delivery of goods over a defined period of time - from the taking possession of the first item;
    2. for other contracts - from the day of conclusion of the contract.
  7. The form of declaration of withdrawal from the contract (Appendix No. 2 to these Regulations) and information on exercising the right of withdrawal (Appendix No. 1 to these Regulations) shall be provided in electronic form.
  8. In the case of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
  9. In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Consumer shall stop using that Digital Content or Digital Service and making it available to third parties.
  10. The right of withdrawal from a Distance Sales Contract shall not apply to the contracts indicated in Article 38 of the Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, inter alia Contracts:
    1. for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who has been informed before the start of the performance that after the Seller's performance he will lose the right to withdraw from the contract and has acknowledged this.
    2. in which the price or remuneration depends on fluctuations in the financial market which are not under the trader's control and which may occur before the end of the withdrawal period;
    3. whose object of performance is an item which is not prefabricated, produced to the consumer's specifications or intended to meet the consumer's individual needs;
    4. whose object of performance is an item supplied in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
    5. for the supply of sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
    6. the supply of Digital Content not supplied on a tangible medium for which the Consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who has been informed prior to the commencement of performance that after the Seller's performance the Consumer will lose the right to withdraw from the contract and has acknowledged this;
    7. the subject of which is a perishable item or an item that has a short shelf life and in which the subject of the performance are items that are, by their nature, inseparable from other items after delivery;
    8. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
    9. concluded by public auction;
    10. for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or the period of performance of the service;
    11. where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;

§ 7 Effects of withdrawal from the contract

  1. The Seller shall, within 14 days from the date of receipt of the notice of withdrawal from the Agreement for the sale of an item, refund to the Consumer all payments made by the Consumer, including the costs of delivery, corresponding to the cheapest method of delivery offered by the Seller.
    1. Reimbursement of payments shall be made using the same method of payment used by the Consumer.
    2. If the Consumer in order to exercise the right of withdrawal - uses the Electronic Return Form - the funds will be refunded by the chosen method and to the bank account provided by the Consumer.
    3. If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement of the payment received from the Consumer until he has received the Goods back or the Consumer has provided proof of their return, whichever event occurs first.
  2. The Seller may offer to the Consumer to collect the Goods from the Consumer himself. However, if the Seller has not made such an offer - the Consumer should return the thing to the Seller (or a person authorised by the Seller to collect it) immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the item before its expiry. Goods that the Consumer returns should be sent to the address of the Seller's registered office.
  3. The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
  4. The Consumer may not withdraw from the contract if the Digital Content or Digital Service is provided in exchange for the payment of a price and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial.
  5. The Seller may request the return of the tangible medium on which it has supplied the Digital Content within 14 days of receipt of the Consumer's declaration of withdrawal. The Consumer shall return the medium immediately and at the Seller's expense.
  6. The Seller shall be obliged to return the price only to the part corresponding to the Digital Content or Digital Service not in conformity with the contract and the Digital Content or Digital Service, the obligation to provide which has fallen due to withdrawal from the contract.

Annex 2 - Model withdrawal form

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2020-03-05
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2022-10-25
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