Withdrawal from the Sales Agreement
- Pursuant to Art. 27 of the Act on the Rights of Consumers of 30 May 2014 (Journal of Laws from 2017, item 683), the Buyer who has entered into a remote agreement has the right to withdraw from it within 14 days for any reason and without incurring any costs. However, if the Buyer has chosen a method of delivery other than the least expensive and ordinary method of delivery offered by the Seller, then the Seller is not obliged to reimburse the Buyer for additional costs incurred by the Buyer.
- The time limit to withdraw from the agreement begins to run on the day when the Buyer comes into the possession of the product or when a third party indicated by the Buyer, other than the carrier, comes into the possession of the product.
- In order to exercise the right to withdraw from the agreement, the Buyer needs to inform the Seller about their decision to withdraw from the agreement by way of a clear withdrawal statement. The Buyer may use the model withdrawal form. The form can be found below these Terms and Conditions. It is not obligatory to use the model form.
- If the Buyer has made the payment in cash, it is advisable for the Buyer to include their bank account number in the withdrawal form because it will be used to repay the money.
Withdrawal from the agreement may concern all products included in a given order or just some of them.
- To observe the time limit to withdraw from the agreement, it is sufficient to send the withdrawal statement to the Seller before the time limit to withdraw from the agreement expires.
- The Seller gives the Buyer a possibility of submitting the withdrawal statement electronically, by sending a scan of the statement to the following e-mail address: firstname.lastname@example.org. The Seller needs to promptly send the Buyer a confirmation of receiving the withdrawal statement.
- The withdrawal statement may also be sent via traditional mail to the following address: Firma "MARAF"- Wiśniowski Rafał, ul. Jarzębinowa 30, 44-240 Żory, NIP: 6511416839, REGON: 276982532, preferably with a note saying “withdrawal from the agreement”.
- If the Customer withdraws from a remote agreement as described above, the agreement is deemed non-concluded.
- The Seller will promptly, within 14 days from receiving the Buyer’s withdrawal statement and the Goods, reimburse the Buyer for all payments made by the Buyer, including the cost of delivering the products. The Seller may withhold the reimbursement of the Buyer’s payments until the Seller receives the products or until the consumer provides a proof of sending these products back, whichever happens earlier.
- The Buyer will cover the cost of sending the purchased Goods back to the Seller.
- The Buyer is obliged to return the product to the Seller by mail to the following address: ul. Wodzisławska 12 lok U2, 44-240 Żory, or to hand the product over to a person authorized by the Seller to receive it at the pick-up point at ul. Wodzisławska 12 lok U2, 44-240 Żory, forthwith but not later than 14 days after the date on which the Buyer withdraws from the agreement. In order to observe this time limit, it is sufficient to send the products before the time limit expires.
- The Seller will return the payment using the same payment method which was previously used by the Buyer. If the Buyer paid for the product on delivery, the Buyer should give their consent for the money to be returned to their bank account included in the withdrawal form in the event the Buyer decides to withdraw from the agreement.
- The Buyer is only liable for a decrease in the value of the Product which results from using the Product in a manner which goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
- The Buyer does not have the right to withdraw from the agreement when the subject of contractual obligations is:
- a product delivered in a sealed package which may not be returned after opening the package due to the protection of health or hygienic reasons, provided that the package was opened after the delivery,
- a non-prefabricated product which is supposed to fulfil the consumer’s individual needs.