Withdrawal from the contract
Withdrawal from the contract
1. A consumer who has concluded a contract at a distance or off-premises may withdraw from the contract within 14 days without stating a reason and without incurring costs, except for the costs set out in these Terms and Conditions.
2. The period for withdrawal shall begin:
a. for a contract in the performance of which the trader delivers the goods under an obligation to transfer the ownership thereof, from the taking possession of the goods by the consumer or a third party indicated by the consumer other than the carrier and, in the case of a contract which:
- covers a number of goods which are delivered separately, in batches or in parts, from taking possession of the last good, batch or part thereof,
- consists in the regular delivery of goods for a fixed period - from taking possession of the first of the goods,
b. for other contracts, from the date of conclusion of the contract.
3. The consumer may withdraw from the contract by making a declaration of withdrawal to the trader. The declaration may be made on a form, according to the template:
- constituting Annex 2 to PrKonsU,
- constituting an annex to these Rules of Procedure.
4. A declaration of withdrawal may be made:
- by sending a statement to the following e-mail address: sklep@dwatrolaboratories.com,
- by sending a written declaration to the following address: ul. Hutnicza 36B, 81-061 Gdynia.
5. Sending the statement before the deadline is sufficient to meet the deadline.
6. The Seller shall immediately send to the Consumer on a durable medium an acknowledgement of receipt of the declaration from the contract made by sending the declaration to the e-mail address.
7. In the event of withdrawal from a distance or off-premises contract, the contract shall be deemed not to have been concluded. If the consumer has made a statement of withdrawal before the trader has accepted his offer, the offer shall cease to be binding.
8. The Seller shall immediately, but not later than within 14 days of receipt of the Consumer's declaration of withdrawal from the contract, return to the Consumer all payments made by the latter, including the costs of delivery of the goods.
9. The Seller shall refund the payment using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs to the Consumer.
10. If the Seller has not offered to collect the goods from the Consumer himself, the Seller may withhold the refund of the payment received from the Consumer until he has received the goods back or the Consumer has provided proof of return, whichever event occurs first.
11. If the Consumer has chosen a type of delivery other than the least expensive type of delivery offered by the trader, the trader shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
12. The consumer is obliged to return the goods to the Seller or hand them over to a person authorised by the Seller to collect them immediately, but no later than 14 days from the date on which he or she has withdrawn from the contract, unless the Seller has offered to collect the goods themselves. Sending the goods back before the deadline is sufficient to meet the deadline.
13. The consumer shall be liable for any diminished value of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, unless the Seller has failed to inform the consumer of the right of withdrawal as required by Article 12 (1) (9) of PrKonsU.
14. The consumer shall only bear the direct costs of returning the goods, unless the Seller has agreed to bear them or has failed to inform the consumer of the need to bear them.
15. The right of withdrawal from a contract concluded away from business premises or at a distance shall not be granted to the Consumer in relation to contracts referred to in Article 38 of PrKonsU, in particular to contracts:
- where the object of the supply is a non-refabricated good made to the consumer's specifications or intended to meet the consumer's individual needs,
- where the object of the performance is goods which are perishable or have a short shelf life,
- where the object of the performance is goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
- in which the goods to be supplied are, by their nature, inseparably mixed with other goods after delivery
