Consumer Permission to withdraw from the Sales Contract (the return of the Goods)
- Save where the exceptions provided for in Article 12 apply, the Consumer shall have a period of 14 days to withdraw from a distance (the Sales Contract), without giving any reason, and without incurring any costs other than those provided in this Rules.
- The withdrawal period referred to in article 1 shall expire after 14 days from:
- the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the Goods or
- in the case of multiple Goods ordered by the Consumer in one order and delivered separately, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the last Good;
- in the case of delivery of a Good consisting of multiple lots or pieces, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the last lot or piece.
- Before the expiry of the withdrawal period, the Consumer shall inform the Seller of his decision to withdraw from the Sales Contract. For this purpose, the Consumer may either:
- use the model withdrawal form as set out in Annex I;
- make any other unequivocal statement setting out his decision to withdraw from the Sales Contract.
- Consumer shall have exercised his right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by the Consumer before that period has expired.
- The burden of proof of exercising the right of withdrawal in accordance with this Article shall be on the Consumer.
Obligations of the Seller in the event of withdrawal
- The Seller shall reimburse all payments received from the Consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the Consumer’s decision to withdraw from the Sales Contract. The Seller shall carry out the reimbursement referred to in the first subparagraph using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of such reimbursement.
- Notwithstanding paragraph 6, the Seller shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
- Unless the Seller has offered to collect the goods himself, with regard to Sales Contracts, the Seller may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
Obligations of the Consumer in the event of withdrawal
- Unless the Seller has offered to collect the Goods himself, the Consumer shall send back the Goods or hand them over to the Seller or to a person authorised by the Seller to receive the Goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the Sales Contract to the Seller. The deadline shall be met if the Consumer sends back the Goods before the period of 14 days has expired.
- The consumer shall only bear the direct cost of returning the Goods.
- The Consumer shall be liable for any diminished value of the Goods resulting from the handling of the Goods other than what is necessary to establish the nature, characteristics and functioning of the Goods.
Exceptions from the right of withdrawal
- The right of withdrawal does not apply as regards the following:
- service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
- the supply of goods made to the consumer’s specifications or clearly personalised;
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The Seller indicates that some of the Goods due to their nature, the complete unfolding or assembly are not suitable for re-assembly, or installation, therefore, can not be returned as part of the withdrawal from the Sales Contract. Properties of the Goods referred to in the preceding sentence are always clearly indicated in the description of the Goods. In case of any doubt or confusion, please contact us at firstname.lastname@example.org or call +48 609 55 68 22.