Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions and who has concluded a remote agreement may withdraw from it without stating reasons by submitting an appropriate declaration within 14 days. Sending a declaration of withdrawal made available by the store shall suffice to meet this deadline.
In the event of withdrawal from the agreement, the Sales Agreement shall be considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the agreement, unless the Seller offered to collect the Product themselves. It is sufficient to send back the Goods before the deadline.
In the event of withdrawal from the Sales agreement, the Product must be returned to the address: HUSSARIA Sp. z o.o. ul. Eugeniusza Kwiatkowskiego 1, 37-450 Stalowa Wola.
The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 of the manner and timing of exercising the right of withdrawal, and has not provided the Consumer or the entity with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should only handle and inspect the Products in the same way as they would do in a stationary store.
Subject to points 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product together with the costs of delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of these Terms and Conditions have expressly agreed to a different method of reimbursement which does not involve any costs for them. Subject to point 7 of this paragraph, the return shall be made immediately, and at the latest within 14 days of the Seller’s receipt of the notice of withdrawal from the Sales Agreement.
If the Consumer or the entity referred to in § 10 of the Terms and Conditions chose a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller shall not be obliged to reimburse them the additional cost incurred.
If the Seller has not offered to collect the Product themselves from the Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller may withhold reimbursement of the payment received from the Consumer until it has received the goods back or the Consumer or the entity referred to in § 10 of the Terms and Conditions has provided proof of its return, whichever occurs first.
The Consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Agreement, pursuant to point 1 of this paragraph, shall only bear the costs of sending the Product back to the Seller.
The fourteen-day period during which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the agreement shall count:
For the agreement in the performance of which the Seller delivers the Product being obliged to transfer its ownership – from the day on which the Consumer or the entity referred to in § 10 (or a third person indicated by them other than the carrier) took possession of the Product,
For an agreement that involves multiple Products that are delivered separately, in batches or in parts, from taking possession of the last Product, batch or part thereof,
For an agreement consisting of the regular delivery of a Product for a fixed period of time, from taking possession of the first Product,
For other agreements, from the day of agreement conclusion.
The right of withdrawal from a distance agreement is not granted to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Agreement:
Where the subject of the service provision are non-prefabricated goods, manufactured according to the specifications of the Consumer or which serve to satisfy its individualised needs;
Where the subject of the service provision are goods delivered in a sealed packaging which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery;
Where the subject of the service provision are goods which, after delivery, due to their nature, become inseparably joined with other items;
For the provision of services for which the Consumer is liable to pay the price, where the entrepreneur has supplied the service in full with the express and prior agreement of the consumer, who has been informed before the performance begins that he will lose his right of withdrawal after the trader has provided the service and has acknowledged it;
Where the subject of the service provision are perishable goods or goods with a short shelf life.
Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party to the agreement fails to perform its obligation within a strictly defined period of time.
