In short: If you are a consumer you have 14 days to return the product and you cover the cost of delivery. If you bought items for your business and you have received a VAT invoice for the goods you can not return items unless agreed with us.
THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1.A consumer who has concluded a distant 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. A declaration of withdrawal from the contract can be made, for example:
in writing to the address: ul. Marii Konopnickiej 19/9, 93-329 Łódź;
in electronic form via e-mail to the following address: firstname.lastname@example.org
8.2.An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available on the Online Shop website in the withdrawal from the contract tab. The consumer can use the template form, but it is not obligatory.
8.3.The deadline for withdrawal from the contract begins:
for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) - from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;
for other contracts - from the date of contract conclusion.
8.4.In the event of withdrawal from a distant contract, the contract is considered null and void.
8.5.The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, to return all payments made by the consumer, consumer 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 Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.
8.6.The consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. 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. Marii Konopnickiej 19/9, 93-329 Łódź.
8.7.The Consumer is liable 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.
8.8.Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay:
If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the consumer.
The consumer bears the direct costs of returning the Product.
In the case of a Product being a service which performance - at the explicit request of the consumer - started before the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal. The payment amount is calculated proportionally 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 service provided.
8.9.The right to withdraw from a distant 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 has been informed before the performance of the service that they will lose the right to withdraw from the contract after the performance of the service by the Seller; (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 for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy their individual needs; (4) in which the subject of the service is a product that is quickly deteriorating or has a short shelf-life time; (5) in which the subject of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and which delivery may take place only after 30 days and which value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in respect of 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 packaging has been opened after delivery; (10) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (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 designates a day or period of service; (13) for the delivery of digital content that is not stored on a tangible medium if the fulfillment of the service started with the consumer's express consent before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.
9.PROVISIONS CONCERNING ENTREPRENEURS
9.1.This section of the Regulations and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
9.2.The Seller has the right to withdraw from the Sales Contract concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
9.3.In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including the requirement to make the prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the SalesContract.
9.4.Upon the release of the Product by the Seller to the carrier all the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass on to the Customer who is not a consumer. In such a case the Seller shall not be liable for any loss, shortage or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in the transport of parcel.
9.5.In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If they determine that during the transport there was a loss or damage to the Product, they are obliged to perform all actions necessary to determine the liability of the carrier.
9.6.According to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7.In the case of the Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
9.8.The liability of the Service Provider/the Seller in relation to the Service Recipient/the Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs under the Sales Contract, but not more than up to the amount of one thousand zlotys. The Service Provider/the Seller is liable towards the Service Recipient/the Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient/the Customer who is not a consumer.
9.9.Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient who is not a consumer shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.
11. WITHDRAWAL FORM (ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Withdrawal form (this form should be completed and sent back only if you wish to withdraw from the contract)
ULTRASMART MARIUSZ JARCZAK ul. Marii Konopnickiej 19/9, 93-329 Łódź ULTRASMART.PL email@example.com
– I / we (*) hereby inform about my / our withdrawal from the contract of sale of the following items:
– The date of conclusion of the contract (*)/ recipe (*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only if the form is sent in a paper version)