8. RIGHT OF WITHDRAWAL
8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, with the exception of the costs specified in section 8.8 of the Regulations. In order to meet the deadline, it is sufficient to send a statement before its expiry. A declaration of withdrawal may be made, for example:
8.1.1. in writing to the following address: en. Theatrical 19/9, 43-400 Cieszyn;
8.1.2. in electronic form by e-mail to: email@example.com.
8.2. An example of a model withdrawal form is contained in Annex 2 to the Consumer Rights Act and is additionally available in section 11 of the Regulations and on the Website of the Online Store in the tab on withdrawal from the contract. The consumer may use the model form, but this is not mandatory.
8.3. The withdrawal period shall begin:
8.3.1. for a contract in which the Seller issues the Product, being obliged to transfer ownership of the Product (e.g. the Sales Agreement) – from the possession of the Product by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts , from the acquisition in possession of the last Product, lot or part, or (2) consists in the regular delivery of the Products for a limited period of time – from the taking possession of the first Product, lot or part, or (2) consists in the regular delivery of the Products for a limited period of time – from the taking into possession of the first Product, lot or part, or (2) consists in the regular delivery of the Products for a limited period of time from the taking possession of the first Product;
8.3.2. for other contracts from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest usual delivery method available in the Online Store). The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to another method of return which does not entail any costs for him. If the Seller has not proposed that he himself receive the Product from the consumer, he may withhold the refund of payments received from the consumer until the Product is received back or the consumer has provided proof of its return, which is the earlier.
8.6. The Consumer is obliged to return the Product to the Seller immediately, no later than 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or transfer it to a person authorized by the Seller for collection, unless the Seller has offered to pick up the Product himself. In order to meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: en. Theatrical 19/9, 43-400 Cieszyn.
8.7. The Consumer is responsible for the decrease in the value of the Product resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs associated with the consumer's withdrawal from the contract, which must be incurred by the consumer:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. The Consumer shall bear the direct costs of returning the Product.
8.8.3. In the case of a Product which is a service the performance of which, at the express request of the consumer, has commbegun before the expiry of the withdrawal period, the consumer, who exercises the right of withdrawal after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment shall be calculated in proportion to the extent of the performance provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the calculation of that amount shall be based on the market value of the performance provided.
8.9. The consumer shall not have the right to withdraw from a distance contract in respect of contracts:
8.9.1. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the 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 expiry of the deadline for withdrawal from the contract; (3) in which the subject matter of the service is a non-prefabricated product, manufactured to the consumer's specifications or to meet his individual needs; (4) in which the subject matter of the service is a Product that is rapidly deteriorating or has a short shelf life; (5) in which the subject of the service is the Product delivered in a sealed package, which after opening the package can not be returned for health or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, by their nature, are inseparable from other things; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can 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 expressly requested that the Seller 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 the performance of repair or maintenance, the consumer shall have the right to withdraw from the contract in respect of additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or periodicals, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services, other than for residential purposes, carriage of goods, rental of cars, catering, services related to rest, entertainment, sports or cultural events, if the contract indicates the date or period of provision of the service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the consumer before the expiry of the withdrawal period and after the Seller has informed him of the loss of the right of withdrawal.
9. PROVISIONS ON ENTREPRENEURS
9.1. This section of the Regulations and the provisions contained therein apply only to Customers and Customers who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims against the Seller on the part of the Customer who is not a consumer.
9.3. In the case of non-consumer Customers, the Seller has the right to limit the available payment methods, including the requirement to make a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. Upon the seller's release of the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass to the Customer who is not a consumer. In this case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for carriage until its delivery to the Customer and for the delay in transporting the shipment.
9.5. If the Product is sent to the Customer through the carrier, the Customer who is not a consumer is obliged to examine the shipment in the time and manner accepted for such shipments. If it finds that the Product has been damaged or damaged during carriage, it is obliged to take all necessary steps to establish the liability of the carrier.
9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product to the Customer who is not a consumer is excluded.
9.7. In the case of Non-Consumer Customers, the Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending the Customer a corresponding statement.
9.8. The liability of the Service Provider/Seller to the Customer/Customer who is not a consumer, regardless of its legal basis, is limited – both in the context of a single claim, as well as for any claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than to the amount of one thousand zlotys. The Service Provider/Seller shall be liable to the Customer/Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost benefits in relation to the Customer/Non-Consumer Customer.
9.9. Any disputes arising between the Seller/Service Provider and the Customer/Customer who is not a consumer shall be subject to the court competent for the seller/service provider's registered office.
10. FINAL PROVISIONS
10.1. Contracts concluded through the Online Shop are concluded in Polish.
10.2. Amendment of the Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods , to the extent that these changes affect the implementation of these Terms and Conditions.
10.2.2. In the event of the conclusion under these Regulations of contracts of a continuous nature (e.g. provision of electronic service – Account) the amended Regulations bind the Customer, if the requirements set out in Art. 384 and 384 of the Civil Code have been observed, that is, the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment of the Regulations results in the introduction of any new fees or an increase in the current Customer who is a consumer, he has the right to withdraw from the contract.
10.2.3. In the event that contracts of a non-continuous nature (e.g. the Sales Agreement) are concluded under these Terms and Conditions, changes to the Regulations will not in any way affect the rights acquired customers/customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not affect orders already placed or placed and sales agreements concluded, implemented or executed.
10.3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law apply, in particular: the Civil Code; Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until December 24, 2014 with consumer customers – provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of 2 March 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on special conditions of consumer sales and on the amendment of the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded since December 25, 2014 with customers who are consumers – the provisions of the Consumer Rights Act; and other relevant provisions of generally applicable law.
11. MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form must be completed and sent back only if you wish to withdraw from the contract)
BIBELOCIARNIA WENGLORZ KRZYSZTOF
Pl. Theatrical 19/9, 43-400 Cieszyn
– I/We (*) hereby inform/inform (*) of my/our withdrawal from the contract of sale of the following things(*) of the contract for the supply of the following things(*) of the contract for the performance of the following things (*)/for the provision of the following service(*)
– Date of conclusion of the contract (*)/receipt(*)
– Consumer's name(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
(*) Delete as not needed.