Returns and replacements - klocki.edu.pl

Withdrawal from the contract - electronic return form

1. Client who is a Consumer, who has concluded a Distance selling contract may withdraw from it within 30 days without giving any reason. In case of withdrawal from the Distance selling contract - the contract is considered as not concluded.
2. A natural person who is running a sole proprietorship making a non-professional purchase shall also have the right to withdraw from the contract on the rules specified in chapters 6 and 7 of these Terms and Conditions.
3. The Merchant shall verify the right to submit a statement of withdrawal from the Contract by the person referred to in point 2. Verification is conducted by checking whether the concluded contract is not of a professional nature for this person - which in particular is conducted by analysing the PKD codes indicated in the Central Registration and Information on Business.
4. In the case of recognizing that the purchase of the goods made by a person running a sole proprietorship in the Online Shop was of a professional nature - the Merchant shall immediately, i.e. no later than within 3 working days from the receipt of a statement of withdrawal - inform the person making the statement, that due to the professional nature of the purchase made - he/she is not entitled to withdraw, and therefore the statement of withdrawal from the contract - shall not have legal effects. If, together with the statement of withdrawal, a physical return of the goods has been made - the goods shall be sent back at the expense of the person making the statementand to the address previously specified in the order. The Merchant's reply shall be given using the same method as the one used by the person making the statement.
5. In the case of withdrawal from the contract - the Consumer bears only the direct costs of returning the Goods.
6. The Consumer's statement must unequivocally express his will to withdraw from the contract; in particular the Consumer may:
   1. Use the Electronic return form available on the website of the Online Shop: https://klocki.edu.pl/en/returns-open.html. The Seller shall immediately confirm on a durable medium the fact of receiving the statement of withdrawal from the contract submitted through the above mentioned form.
   2. Withdraw from the contract using the withdrawal form, which is Attachment No. 2 - by sending it to the address of the Seller’s registered office.
   3. Sthe Seller shall immediately confirm on a durable medium the fact of receiving the declaration of withdrawal from the contract submitted in the manner indicated in 1 and 2 above.
7. To meet the deadline it is sufficient to send the statement before its expiry.
8. The period for withdrawal from the contract shall begin:
   1. for the contract in performance of which the Seller issues an item, being obliged to transfer its ownership - from taking possession of the Goods by the Consumer or a third party indicated by the Consumer to another carrier, and in the case of a contract which:
      1. includes many items, which are delivered separately, in batches or parts - from taking possession of the last item, batch or part;
      2. consists in regular delivery of goods for a fixed period of time - from taking possession of the first item;
   2. for other contracts - from the date of conclusion of the contract.
9. Form of the declaration of withdrawal from the contract (Attachment No. 2 to these Regulations) and information on exercising the right of withdrawal from the contract (Attachment No. 1 to these Regulations) shall be provided to the Consumer in the electronic form indicated in paragraph 3 point 8 of these Regulations.
10. Right to withdraw from the Distance selling contract is not available to the Consumer in relation to the contracts refffered to in Article 38 of the polish Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, that includes contracts:
    1. where the price or remuneration depends on fluctuations in the financial market, over which the trader does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the contract;
    2. where the subject of the service is an unprocessed item, produced according to the Client's specifications or serving to satisfy his individual needs;
    3. whose subject of the service is an item delivered in sealed packaging, which cannot be returned for health protection or for hygienic reasons, if the packaging was opened after delivery;
    4. whose subject of the service is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
    5. for the supply of digital content and electronic licenses that are not stored on a durable medium, if the performance began with the Consumer's express consent before the expiry of the deadline for withdrawal and after the trader informs him of the loss of the right of withdrawal;
    6. the object of which is an item that is subject to rapid deterioration or has a short period of useful life, and in which the object of performance is an item that, after delivery, is inseparably connected with other items due to its nature;
    7. for the supply of newspapers, periodicals or magazines, except for the subscription agreement;
    8. concluded by public auction;
    9. for the provision of accommodation services other than for residential purposes, carriage of Goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
    10. where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and whose delivery can only take place after 30 days and whose value depends on market fluctuations, over which the entrepreneur has no control;

Effects of withdrawal from a contract of sale of goods

1. The Seller, within 14 days from the day of receiving the statement of withdrawal from the Contract of sale of Goods, shall return to the Consumer all payments made by him, including delivery costs, corresponding to the cheapest way of delivery offered by the Seller.
   1. The return of payment shall be made using the same method of payment as the Consumer used.
   2. If the Consumer in order to exercise the right of withdrawal - uses the Electronic return form - the funds shall be returned in the chosen way and to the bank account provided by the Consumer.
2. If the Seller has not proposed to collect the Goods from the Consumer by himself, he may withhold the return of payments received from the Consumer until he receives the Goods back or receives from the Consumer proof of Goods‘ return, depending on which event occurs earlier.
3. The Seller may propose to the Consumer to collect the item from the Consumer himself. However, if the Seller has not made such an offer - the Consumer shall return the item to the Seller (or to the person authorized by the Seller to collect it) immediately, but not later than 14 days from the day on which he withdrew from the contract. In order to keep the deadline, it is sufficient to send back the item before deadline expiry. The goods which the Consumer returns should be sent to the address of the Seller's registered office.
4. The Consumer shall be responsible for reduction of the value of the Goods resulting from its use in a manner exceeding the one necessary to determine the nature, characteristics and functioning of the Goods.