Category

Right of withdrawal

  1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days 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 statement of withdrawal from the contract may be submitted:
    1. in writing to the following address: Magazynowa 8, 85-790 Bydgoszcz;
    2. in electronic form via e-mail to the following address: handel@xplo.pl.
  2. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations and on the Online Store website in the tab regarding withdrawal from the contract. The consumer may use the model form, but it is not obligatory.
  3. The period for withdrawal from the contract begins:
    1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) consists in regular delivery of the Products for a definite period of time - from taking possession of the first of the Products;
    2. for other contracts - from the date of conclusion of the contract.
  4. In the event of withdrawal from the contract, the contract is considered void.
  5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product. The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or until the consumer provides proof of its return, whichever occurs first.
  6. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry. The Consumer must return the Product to the address indicated each time by the Seller in response to the statement of withdrawal from the contract.
  7. The Consumer is responsible for reducing 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. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
    1. The Consumer bears the direct costs of returning the Product. In the case of products that cannot be returned by post in the usual way (bulky shipments), the consumer may incur higher costs of sending them back, according to the following exemplary price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
    2. In the case of a Product constituting a service, the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion 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 shall be the market value of the service provided.
  9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
    1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract, and has taken note thereof; (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 to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product subject to rapid deterioration or having a short shelf life; (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 things; (7) in which the consumer expressly demanded 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 to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer in relation to additional services or Products
  10. Contained in this section 8. The provisions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Customer or the Customer who is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.

Contact

Address:

Poland
85-790 Bydgoszcz
ul. Magazynowa 8

The employees of the Customer Service Department are at your disposal:

from Mon. until Thu between 8 a.m. and 4 p.m.
in Fri. between 8am and 2pm

Do you have any questions?
Write or call us:

phone: +48 884-884-744
email: handel@xplo.pl