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eshop@hubix.pl

Hubix sp. z o.o.
ul. Główna 43, 96-321 Żabia Wola – Huta Żabiowolska

Terms and Conditions

 

TERMS AND CONDITIONS OF THE ONLINE STORE

HUBIX SP. Z O. O. 

 

 

These terms and conditions define the rights and obligations of the Seller and the Buyer and the principles for concluding and executing sales agreements for goods between the Seller and the Buyer. 

 

I.    Definitions: 
1.     Price – the value of the Product expressed in monetary units, which the Buyer pays to the Seller for the Product,

2.     Registration Form – a form available in the Online Store that enables the creation of an Account,

3.     Hubix or Seller – Hubix sp. z o. o., based in Huta Żabiowolska, at the address: ul. Główna 43, Huta Żabiowolska, 96-231 Żabia Wola, entered in the register of entrepreneurs kept by the District Court for Łódź-Śródmieście in Łódź, XX Economic Department of the National Court Register under the number: 0000500184, REGON: 147123591, NIP: 5291803171,

4.     Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended),

5.     Consumer – a natural person who enters into a legal transaction with the Seller that is not directly related to their business or professional activity, 

6.     Account – a functionality of the Online Store, which allows the Buyer to place an Order after registering and logging in, and on which data provided by the Buyer and information about Orders placed by them are stored,

7.     Shopping Cart – a functionality of the Online Store that allows the Buyer to prepare and modify an Order, showing the value of the Order,

8.     Buyer – a legal entity, an organizational unit without legal personality, or a natural person who purchases a Product from the Seller through the Online Store, 

9.     Payment operator – an entity providing payment services within the Online Store,

10.  Seller’s Employee – a person appointed by the Seller to contact the Buyer or
to perform other activities specified in the Regulations,

11.  Order Confirmation or Confirmation – confirmation from the Seller of the acceptance of the Order, sent to the Buyer electronically (e-mail) after receiving the Order, containing at least the Price of the Goods, the quantity of ordered Goods, the delivery date, location, and terms of delivery or collection of the Goods, as well as payment conditions,

12.  Regulations – these regulations,

13.  Parties – collectively the Seller and the Buyer,

14.  Online Store – the online store operated by the Seller, available at the electronic address: www.hubix.pl, through which the Buyer can obtain information about Goods or make a purchase of Goods,

15.  Payment term – the day on which the payment for the Goods becomes due,

16.  Goods – movable items sold by Hubix through the Online Store,

17.  Agreement or Sales Agreement – an agreement for the sale of Goods concluded between the Seller and the Buyer as a result of the Buyer placing an Order and the Seller confirming the Order,

18.  Order – a declaration of intent to purchase Goods, made by the Buyer through the Online Store.

 

II.   General Provisions
1.     Contact with the Online Store is possible via e-mail: eshop@hubix.pl, and through the contact form available on the website: www.hubix.pl/kontakt.html. Phone contact is available on business days from Monday to Friday between 08:00 and 15:00 at the phone number: +48 468 578 440.

2.     One of the conditions for placing an Order in the Online Store by the Buyer is to become familiar with the Regulations and to accept their provisions during the Order process.

3.     Placing a specific Product in the Online Store with its Price designation does not constitute an offer for sale. The information provided on the Online Store page constitutes an invitation to conclude an Agreement under Article 71 of the Civil Code.

4.     An Order is placed with the Seller by the Buyer in electronic form via the Order or registration form or – after prior registration – using an Account. By placing an Order, the Buyer makes an offer to purchase the specified Goods in accordance with the Regulations.

5.     Confirmation of the content of the Agreement takes place by sending the Buyer a confirmation of Order acceptance, along with documents attached to that confirmation.

6.     By confirming the Order, the Buyer agrees to receive the sales documents specified in the Regulations electronically. The Buyer may request the Seller to provide documents in paper form, which will then be attached to the Order.

7.     Any provisions of the Regulations that apply to a Consumer shall also apply to an individual concluding an agreement directly related to their business activity if it results from the content of this agreement that it does not have a professional character, resulting in particular from the subject of their business activity, made available on the basis of the regulations on the Central Register and Information on Business Activity.

 

III. Subject of the Agreement
1.     The subject of the Agreement concluded between the Seller and the Buyer as a result of the Buyer placing an Order and the Seller confirming the Order is the sale of Goods.

2.     The list and information on available Goods can be found in the Online Store and are for illustrative purposes. Detailed technical data provided on the Online Store may change at any time, including due to ongoing changes in the technical industry.

 

IV. Conclusion of the Agreement

1.     The Buyer fills out the Registration Form to create an Account in the Online Store.

2.     Logging into the Account is done by entering the username and password specified in the Registration Form.

3.     The Customer may delete their Account at any time, without giving any reason and without incurring any fees, by sending an appropriate request to the Seller.

4.     To place an Order, it is necessary to:

4.1   log in to the Online Store or use the option to place an Order without registration,

4.2   select a Product by adding it to the Cart,

4.3   if the option of placing an Order without registration was chosen – fill out the Order form by entering the Buyer’s data and the address to which the Goods are to be delivered, choose the delivery method, and enter invoice details if different from the Buyer’s data,

4.4   choose one of the available payment methods and pay for the Order if the payment method was selected at the time of placing the Order,

4.5   complete the Order placement by using the "Buy and Pay" button.

5.     Until the "Buy and Pay" button is used, the Buyer can modify the data entered in the Order, including adding or removing Goods.

6.     The Seller sends the Buyer the Order Confirmation.

7.     The Seller reserves the right not to accept incorrectly completed Order forms that contain irregularities preventing the Order from being fulfilled.

8.     The Seller may withhold fulfillment of the Order if there are doubts about the accuracy of the data provided by the Buyer.

9.     Adding a Product to the Cart does not constitute placing an Order. Products may be added or removed from the Cart at any time and repeatedly.

10.   The successful conclusion of the Agreement requires the Buyer to place an Order and the Seller to confirm the Order. Order Confirmation means that the Seller has received the Order and accepted it for fulfillment.

11.   Placing an Order by the Buyer does not bind the Seller, and a lack of response does not mean tacit acceptance of the Order.

12.   All information provided on the Online Store’s website should be considered binding only if explicitly indicated in the Order Confirmation.

13.   Canceling an Order by the Buyer is only allowed in exceptional cases, after prior written or electronic agreement on the conditions for canceling the Order with the Seller. The Seller reserves the right to charge the Buyer for actual costs incurred up to the time of canceling the Order.

 

V.   Price

1.     The final Price for an Order placed by the Buyer will be specified in the Order Confirmation.

2.     The prices of the Goods provided by the Seller are always net prices, to which the tax on goods and services will be added according to the rates applicable on the invoice date.

3.     The Seller will issue invoices in electronic form. Invoices sent appropriately to the e-mail addresses specified in the Order will be considered received by the Buyer when the Seller has transmitted them in such a way that the Buyer could review their content. Electronic invoices will be sent by the Seller from the e-mail address info@hubix.pl. The Seller may also deliver a printed invoice to the Buyer at the address specified in the Order.

4.     The final amount to be paid will be clearly indicated in the Order Confirmation.

 

VI.   Payment Methods

1.     The Buyer may pay for the Order using:

1.1.   bank transfer to the Seller's account indicated in the Order,

1.2.   payment through an external payment operator,

1.3.   cash on delivery (C.O.D.) – only when delivering by a selected courier company.

 

VII.   Delivery of Goods

1.     The Seller will send the Goods to the address provided by the Buyer when placing the Order. The Buyer will be informed about the estimated delivery time on the Online Store's website and in the Order Confirmation.

2.     Delivery costs are specified in the Online Store and will be shown to the Buyer when placing the Order.

3.     The Seller may refuse to fulfill the Order in cases where payment has not been received from the Buyer before delivery and no payment date has been specified.

 

VIII.   Withdrawal from the Agreement

1.     The Buyer has the right to withdraw from the Agreement within 14 days of receiving the Goods without providing a reason. This does not apply to the Goods specified in Article 38 of the Consumer Rights Act, which are excluded from withdrawal.

2.     The Buyer may withdraw by submitting a declaration to the Seller, e.g., by sending an email to eshop@hubix.pl.

3.     The Buyer should return the Goods to the Seller's address indicated on the order form immediately after sending the declaration of withdrawal, but no later than 14 days.

 

IX.   Complaints and Liability

1.     The Seller is responsible for any lack of conformity of the Goods with the contract and the Buyer has the right to submit a complaint in such cases.

2.     The complaint should be submitted to the Seller’s address or by email.

 

X.   Final Provisions

1.     The Regulations are effective from the date of publication on the website www.hubix.pl.

2.     The Seller reserves the right to amend the Regulations, provided that such amendments do not violate the rights acquired by the Buyer before the amendment.

3.     Filing a complaint does not exempt the Buyer from the obligation to pay the Price by the agreed deadline.

4.     The Seller does not accept returns of purchased Goods unless otherwise agreed by the Parties through a separate agreement.

5.     The Buyer will be charged with all costs incurred by the Seller in connection with seeking payment from the Buyer for amounts resulting from an invoice issued by the Seller.

6.     The provisions of points VII. 1-6 of the Regulations do not apply to the Buyer who is a Consumer.

 

 

 

 

VIII.         Warranty and liability

1.     The Seller provides a warranty for Goods manufactured by it (hereinafter: “Warranty”), unless otherwise specified in the description of the Goods, technical documentation (hereinafter: “Technical Conditions”), or the contents of the Confirmation.

2.     The Warranty period is 12 months from the date of delivery of the Goods, unless otherwise specified in the description of the Goods, Technical Conditions, or the contents of the Order Confirmation. The Warranty is granted to the Buyer and is valid within the territory of the Republic of Poland, unless otherwise stated in the description of the Goods, Technical Conditions, or the contents of the Order Confirmation.

3.     The detailed conditions of the Warranty for a given Good, including the scope of the Warranty and exclusions, may be specified in a separate warranty card if issued to the Buyer.

4.     The Seller does not provide a Warranty for Goods not manufactured by the Seller. These Goods may be covered by the manufacturer's warranty. If the manufacturer has provided a warranty for such Goods, the rights under the warranty should be exercised in accordance with the conditions specified in the warranty card.

5.     Under the Warranty, the Seller may, in particular:

a)     replace the defective Good,

b)     repair the defective Good,

c)     reduce the Price of the defective Good.

6.     A warranty complaint should be submitted by the Buyer electronically to the email address indicated in point VIII. 16 of the Regulations and must include:

a)     information about the type, name, and code of the product, as well as the date of purchase, and also the serial number – if the Buyer has such a number – of the product covered by the complaint,

b)     information on the number of pieces or the quantity of the product covered by the complaint,

c)     a scan of the VAT invoice for the purchase of the Goods,

d)     a description of the nature of the defect of the product,

e)     the date, place, and circumstances of the defect discovery,

f)     photographic documentation of the defect of the product,

g)     information on the preferred type of warranty service requested by the Buyer from those specified in point 5 above,

h)     the Buyer’s contact details, including the name of the contact person.

7.     The Seller may request the Buyer to supplement the information necessary for making a decision regarding the further warranty procedure if the information provided by the Buyer is insufficient to process the complaint. If necessary, the Seller may inspect the Goods at the delivery location specified in the Order, and the Buyer should allow the inspection of the Goods. After receiving the necessary information from the Buyer, the Seller will inform the Buyer whether it is necessary to deliver the Goods to the address indicated by the Seller, in which case the Buyer should deliver the Goods at the Seller’s expense to the specified location.

8.     The Seller is only responsible for physical defects that result from causes inherent in the Goods produced by the Seller. The Warranty does not cover, in particular, damages/defects resulting from excessive or improper use or storage, as well as improper processing of the Goods, including with the use of inappropriate or defective equipment. The Warranty does not cover mechanical damage and defects resulting from such damage, or the wear and tear of the Goods resulting from normal use, unless the wear and tear was due to hidden production or material defects. The Warranty does not cover Goods that have been used in the Buyer’s production process, even if they contained defects that could have been detected by the Buyer. The Warranty does not cover damages/defects resulting from force majeure.

9.     Any physical defects that result from causes inherent in the Goods produced by the Seller, which could not have been detected by the Buyer at the time of delivery, should be reported to the Seller in accordance with point 6 above, no later than 3 days after their discovery. Failure to meet this deadline releases the Seller from warranty liability and any claims arising from the warranty.

10.   The Seller will fulfill its obligations under the Warranty within 30 days of receiving complete information necessary to process the complaint, although this period may be extended due to force majeure or the Buyer’s failure to cooperate adequately. Failure to process the complaint within this period does not mean that the Seller has acknowledged the validity of the complaint.

11.   If the complaint is accepted, the final choice of the warranty service will be made by the Seller.

12.   Any differences between the appearance (visual representation) of the Goods in photographs, graphics, etc., on the Online Store's website and their actual appearance cannot form the basis for any claims by the Buyer against the Seller.

13.   The Warranty covers only Goods used or stored in a proper manner, in accordance with their intended use and any instructions or recommendations from the Seller.

14.   Assignment of rights under the Warranty held by the Buyer requires the Seller's consent expressed in at least a document format, under penalty of invalidity.

15.   According to Article 558 § 1 of the Civil Code, the Seller’s liability for the Goods under the warranty is excluded, which the Buyer agrees to by accepting the terms of the Regulations.

16.   All warranty complaints should be submitted to the following email address: bok@hubix.pl.

17.   The provisions of points VIII. 1-15 of the Regulations do not apply to the Buyer who is a Consumer.

18.   The provisions of Chapter 5A of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended; “Act”) apply to contracts for the sale concluded with a Consumer, which specify the Seller’s liability for the compliance of the Goods with the Contract. An excerpt from these provisions is attached as Annex 1 to the Regulations.

19.   The Consumer should indicate in the complaint what they believe to be the lack of conformity of the Goods with the Contract and specify whether they request repair or replacement of the Goods. The Seller will respond to the Consumer’s complaint within 14 days of receiving it. The procedure for handling the Consumer's complaint is subject to the provisions indicated in Annex 1 to the Regulations.

 

IX. Delivery and collection of the Goods

1.     Delivery dates will be specified by the Seller in the Order Confirmation.

2.     The Buyer may choose from the following methods of delivery or collection of the ordered Goods:

a)     courier delivery,

b)     personal collection of the Goods.

3.     The Buyer should confirm the readiness of the Goods for collection if they chose this form of delivery.

4.     The Buyer is obligated to collect the Goods in person if the Contract includes a provision for personal collection.

5.     If the Buyer does not collect the ordered Goods and does not inform the Seller of the delay in collecting them, the Seller has the right to charge the Buyer for the costs of storage of the Goods.

6.     Upon delivery of the Goods to the Buyer, the risk of damage or loss of the Goods passes to the Buyer. In the case of personal collection, this moment is the moment the Buyer collects the Goods from the Seller.

1.     Notifications regarding the Order will be made electronically, to the email address of the Buyer indicated in the Order, or in writing by post to the mailing address of the Buyer indicated in the Order.

2.     The Buyer is obliged to promptly notify the Seller of any changes to their company (name), registered office, email address, delivery address, and correspondence address that occur during the performance of the Contract and may affect the proper execution of the Contract by the Seller, via email to eshop@hubix.pl

3.     In the event of changes on the part of the Buyer regarding ownership, legal form, etc., the Buyer will immediately inform the Seller of all changes that could impact the correct execution of the Contract via email to eshop@hubix.pl

4.     The Buyer and any third party assuming the rights and obligations resulting from the Contract due to the above changes are jointly responsible for settling any outstanding amounts with the Seller. From the date of receiving information about the change in the entity on the part of the Buyer, any current obligations towards the Seller arising from Contracts covered by these Terms will be settled by the third party.

 

XI. Force Majeure

1.     The Seller is not liable for failure to perform obligations arising from the Contract if it was caused by reasons beyond their control, which could not have been foreseen at the time of concluding the Contract and could not have been avoided (force majeure).

2.     Until the obstacle ceases, the Seller may suspend or limit delivery, or withdraw from the Contract.

3.     In the event of suspension or limitation of delivery, the delivery term is suspended with regard to the whole or part of the delivery under suspension, until the obstacle ceases.

 

XII.           Liability

1.     The Seller is not liable for damages related to non-performance or improper performance of the Contract, resulting in the loss of benefits the Buyer would have obtained if the damages had not occurred. In particular, the Seller is not responsible for the loss of expected profits or losses caused by interruptions in operations or increased operational costs.

2.     The Seller is not liable for damage if the Goods were used by the Buyer in a manner inconsistent with their intended use and technical properties, where damage occurred due to design and execution errors of third parties, or due to failure to follow the manufacturer's recommendations and instructions.

 

XIII.         Withdrawal from the Contract

1.       The Consumer has the right to withdraw from the sales Contract in the manner and within the time frame specified in Article 27 of the Act and in the sample withdrawal form. An excerpt from Articles 27–38 of the Act along with the sample withdrawal form is Annex 2 to these Terms.

2.       In the event of withdrawal from the Contract, the Consumer will be refunded any payments received, including the cost of delivering the Goods to the Consumer (except for additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery method).

3.       The cost of returning the Goods in the event of withdrawal from the Contract, borne by the Consumer, is specified in Articles 33, 34(2), and 35 of the Act, the content of which is indicated in Annex 2 to these Terms.

4.       Exclusions from the Consumer’s right to withdraw from the Contract are specified in Article 38 of the Act, the content of which is indicated in Annex 2 to these Terms.

 

XIV.         Out-of-court methods of handling complaints and claims

1.       The Seller agrees to attempt to resolve any disputes arising from Contracts through mediation. Details will be determined by the parties involved in the conflict.

2.       The Consumer has the option to use out-of-court methods of handling complaints and pursuing claims. Among others, the Consumer has the option to:

a)     approach a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract,

b)     approach the regional inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,

c)     seek assistance from the county (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection.

3.       More detailed information about out-of-court methods of handling complaints and pursuing claims can be found on the website http://polubowne.uokik.gov.pl.

4.       The Consumer may also use the ODR platform, available at http://ec.europa.eu/consumers/odr. The platform is designed for resolving disputes between consumers and entrepreneurs seeking out-of-court resolution of disputes related to contractual obligations resulting from an online sales contract or service agreement.

 

XV.           Final Provisions

1.     If any provisions of these Terms become invalid for any reason, it will not affect the validity of the remaining provisions of these Terms.

2.     The parties will strive to amicably resolve any disputes that may arise in connection with the execution of Contracts. If it is impossible to amicably resolve the matter, the court competent to resolve disputes between the Seller and the Buyer, other than the Consumer, will be the court competent for the Seller's registered office.

3.     The Online Store does not apply the code of good practice mentioned in the Act of August 23, 2007, on counteracting unfair market practices (Journal of Laws 2007 No. 171, item 1206, as amended).

4.     The Buyer is not required to pay a deposit or provide any other financial guarantees.

5.     In matters not regulated by these Terms, Polish law applies, particularly the provisions of the Civil Code.

6.     These Terms apply to Orders placed from November 29, 2024.

7.     These Terms may be changed for important legal, technical, or organizational reasons.

8.     The amended Terms will be made available on the Online Store's website at least 7 days before their entry into force. Orders placed before the date of change will be governed by the version of the Terms in force on the date the order was placed.

 

 

 

 

 

Annex 1 to the Terms

 

 

Chapter 5a. Contracts obliging the transfer of ownership of goods to the consumer

 

Article 43a [Application of the provisions of the chapter]

1. In the event of contracts concluded with the consumer, which oblige the entrepreneur to transfer ownership of goods to the consumer, provisions of the chapter apply to the rights and obligations arising from such contracts.

 

Article 43b [Provisions concerning the period of withdrawal]

1. A consumer has the right to withdraw from a distance or off-premises contract within 14 days from the date on which the consumer came into possession of the goods or on which a third party other than the carrier and designated by the consumer came into possession of the goods.

2. In the case of a contract that involves the transfer of ownership of several goods delivered separately, the period of withdrawal runs from the date of receipt of the last item.

3. In the case of a contract that involves regular delivery of goods for a fixed period of time, the period of withdrawal runs from the date of receipt of the first item.

 

Article 43c [Communication of withdrawal]

1. To meet the deadline for withdrawal, it is sufficient for the consumer to send a statement of withdrawal before the deadline.

2. The statement of withdrawal can be made using the form provided by the entrepreneur or in another way, in particular by electronic means, provided that the consumer's identity can be verified.

 

Article 43d [Consequences of withdrawal]

1. In the event of withdrawal from the contract, the consumer shall return the goods without undue delay and, in any case, no later than 14 days from the day on which they informed the entrepreneur of their withdrawal from the contract.

2. The consumer bears only the direct costs of returning the goods, unless the entrepreneur agreed to bear these costs.

3. The consumer is responsible for any decrease in the value of the goods resulting from their use beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

 

Article 43e [Obligation to refund payments]

1. In the event of withdrawal from the contract, the entrepreneur shall refund to the consumer all payments received from the consumer, including the cost of delivery of goods (except for additional costs resulting from the consumer's choice of delivery method other than the cheapest standard delivery method), without undue delay and in any case no later than 14 days from the day on which the entrepreneur was informed of the consumer's decision to withdraw from the contract.

2. The entrepreneur shall refund the payment using the same means of payment as used by the consumer, unless the consumer has expressly agreed to a different means of payment and provided that this does not incur any additional costs for the consumer.

3. The entrepreneur may withhold the refund until the goods are received back or the consumer provides proof of their return, whichever comes first.

 

1. The entrepreneur is responsible for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that moment, unless the period of suitability for use specified by the entrepreneur, their legal predecessors, or persons acting on their behalf is longer. It is presumed that the lack of conformity of the goods with the contract, which was revealed before the expiration of two years from the delivery of the goods, existed at the time of delivery, unless proven otherwise or if the presumption cannot be reconciled with the nature of the goods or the nature of the lack of conformity of the goods with the contract.

2. The entrepreneur may not invoke the expiration of the period for determining the lack of conformity of the goods with the contract specified in paragraph 1 if this non-conformity has been concealed fraudulently.

3. With regard to goods with digital elements, the entrepreneur is responsible for the lack of conformity with the contract of digital content or digital service provided on an ongoing basis, which occurred or was revealed during the time the contract stipulated for delivery. This period must not be shorter than two years from the delivery of the goods with digital elements. It is presumed that the non-conformity of digital content or digital service with the contract occurred within that period if it was revealed during that time.

 

Art. 43d [Repair or Replacement]

1. If the goods do not conform to the contract, the consumer may request their repair or replacement.

2. The entrepreneur may opt for replacement when the consumer requests repair, or may opt for repair when the consumer requests replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would incur excessive costs for the entrepreneur. If repair and replacement are impossible or would incur excessive costs for the entrepreneur, they may refuse to bring the goods into conformity with the contract.

3. When assessing excessive costs for the entrepreneur, all circumstances of the case are considered, particularly the importance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract, and the excessive inconvenience to the consumer resulting from the change in the method of bringing the goods into conformity with the contract.

4. The entrepreneur carries out the repair or replacement within a reasonable time after being informed by the consumer of the non-conformity with the contract and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including in particular postal, transportation, labor, and material costs, are borne by the entrepreneur.

5. The consumer provides the entrepreneur with the goods subject to repair or replacement. The entrepreneur collects the goods from the consumer at their expense.

6. If the goods were assembled before the non-conformity with the contract became apparent, the entrepreneur disassembles the goods and reassembles them after repair or replacement, or arranges for these actions at their expense.

7. The consumer is not obliged to pay for ordinary use of the goods that were subsequently replaced.

 

Art. 43e [Statement of Reduction of Price or Withdrawal from Contract]

1. If the goods do not conform to the contract, the consumer may submit a statement of reduction of price or withdrawal from the contract when:

1) the entrepreneur has refused to bring the goods into conformity with the contract as per Art. 43d, paragraph 2;

2) the entrepreneur has not brought the goods into conformity with the contract as per Art. 43d, paragraphs 4-6;

3) the non-conformity of the goods with the contract persists, even though the entrepreneur attempted to bring the goods into conformity with the contract;

4) the non-conformity of the goods with the contract is so significant that it justifies the reduction of price or withdrawal from the contract without prior use of the protective measures specified in Art. 43d;

5) from the entrepreneur’s statement or circumstances it is clear that they will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

2. The reduced price must remain proportionate to the price resulting from the contract, in the same proportion as the value of the goods not conforming with the contract to the value of the goods conforming with the contract.

3. The entrepreneur refunds the consumer the amounts due from the use of the right to reduction of price without delay, no later than 14 days from the day of receiving the consumer's statement of reduction of price.

4. The consumer may not withdraw from the contract if the non-conformity of the goods with the contract is minor. It is presumed that the non-conformity of the goods with the contract is significant.

5. If the non-conformity with the contract pertains only to certain goods delivered under the contract, the consumer may only withdraw from the contract with respect to those goods and also with respect to other goods purchased by the consumer together with the non-conforming goods if it cannot reasonably be expected that the consumer agrees to keep only the goods conforming with the contract.

6. In the event of withdrawal from the contract, the consumer immediately returns the goods to the entrepreneur at their expense. The entrepreneur refunds the consumer the price immediately, no later than 14 days from the day of receiving the goods or proof of its return.

7. The entrepreneur refunds the price using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any cost to them.

 

Art. 43f [Suspension of Payment]

The consumer may suspend payment until the entrepreneur fulfills their obligations under Art. 43d and Art. 43e.

 

Art. 43g [Waiver, Guarantee]

1. A waiver of the guarantee conditions stated in the advertisement to the detriment of the consumer is ineffective unless the warranty statement made in the advertisement before the conclusion of the contract has been corrected in accordance with the conditions and form in which the advertisement was conducted or in a comparable manner.

2. The durability warranty cannot provide repair or replacement conditions that are less favorable to the consumer than those specified in Art. 43d.

 

 

 

 

 

 

 

 

 

 

 

 

Attachment No. 2 to the Regulations

 

 

Art. 27 [Time for Withdrawal from the Contract]

1. A consumer who has entered into a distance contract or a contract concluded outside the business premises may withdraw from it within 14 days without giving a reason and without incurring any costs, except for the costs specified in Art. 33, Art. 34, paragraph 2, and Art. 35.

2. If the consumer entered into a contract outside the business premises during an unannounced visit by the entrepreneur at the consumer's residence or usual place of stay, or on a trip, the period for withdrawal from the contract is 30 days.

 

Art. 28 [Commencement of the Period for Withdrawal from the Contract] The period for withdrawal from the contract begins:

1) for a contract under which the entrepreneur delivers goods, being obliged to transfer ownership - from the date of delivery of the goods;

2) for a contract that involves the provision of services - from the date of the contract;

3) for a contract in which the consumer has ordered multiple items that are delivered separately - from the date of delivery of the last item;

4) for a contract in which the consumer has ordered goods consisting of multiple parts or pieces - from the date of delivery of the last part or piece;

5) for a contract that involves the regular delivery of goods for a specified period - from the date of the first delivery.

Art. 34 [Return of goods, reduction in value of goods]

1. The consumer is obliged to return the goods to the entrepreneur or pass them to a person authorized by the entrepreneur to collect them without delay, but no later than 14 days from the day they withdrew from the contract, unless the entrepreneur proposed to collect the goods themselves. Sending the goods before the deadline is sufficient to meet the time limit.

1a. In the case of withdrawal from a contract for the supply of digital content or a digital service, the consumer is obliged to stop using this digital content or digital service and not to share it with third parties.

2. The consumer is only responsible for the direct costs of returning the goods, unless the entrepreneur has agreed to bear these costs or did not inform the consumer of the need to incur such costs.

3. If the contract was concluded outside the business premises and the goods were delivered to the place where the consumer resided at the time of concluding the contract, the entrepreneur is obliged to collect the goods at their own expense if, due to the nature of the goods, they cannot be returned by ordinary postal means.

4. The consumer is responsible for any reduction in the value of the goods resulting from use that goes beyond what is necessary to ascertain the nature, characteristics, and functioning of the goods, unless the entrepreneur did not inform the consumer of the right to withdraw from the contract in accordance with the requirements of Article 12(1)(9).

 

Art. 35 [Obligation to pay for services rendered up to the time of withdrawal from the contract]

1. If the consumer exercises the right to withdraw from the contract after making a request in accordance with Article 15(3) and Article 21(2), they are obliged to pay for services rendered up to the time of withdrawal from the contract.

2. The payment amount is calculated proportionally to the extent of the service provided, taking into account the agreed price or remuneration in the contract. If the price or remuneration is excessive, the market value of the service provided is used as the basis for calculating this amount.

 

Art. 36 [Exemption of the consumer from costs] The consumer is not liable for costs:

1) for services, delivery of water, gas, or electricity if they are not offered in limited volume or in a predetermined quantity, or for heating, in whole or in part, for the time until withdrawal from the contract, if:

a) the entrepreneur did not inform the consumer of the right to withdraw from the contract and the consequences of exercising that right in accordance with Article 12(1)(9), or

b) the consumer did not request the service to be provided before the withdrawal period in accordance with Article 15(3) and Article 21(2);

2) for the supply of digital content not stored on a physical medium, if:

a) the consumer did not consent to the provision of the service before the deadline referred to in Article 27(1) or (2), or

b) the consumer was not informed of the loss of the right to withdraw from the contract when giving such consent, or

c) the entrepreneur did not provide confirmation in accordance with Article 15(1) and Article 21(1).

 

Art. 37 [Supplementary contracts, termination]

1. Upon the consumer's withdrawal from a distance contract or a contract concluded outside the business premises, any supplementary contracts entered into by the consumer that are linked to it shall expire, if the service is being provided by the entrepreneur or a third party based on an agreement with the entrepreneur. The consumer shall not incur any costs related to the termination of these contracts, except for costs specified in Article 33, Article 34(2), and Article 35.

2. If a supplementary contract was concluded with a third party, the entrepreneur shall inform that party of the consumer's withdrawal from the contract.

 

Art. 38 [Exclusion of the right to withdraw from the contract]

1. The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to contracts:

1) for the provision of services for which the consumer is obliged to pay, if the entrepreneur has fully performed the service with the consumer’s express and prior consent, and the consumer was informed before the start of the service that they would lose the right to withdraw after the service is rendered and accepted it;

2) where the price or remuneration depends on fluctuations in the financial market beyond the control of the entrepreneur, which may occur before the withdrawal period expires;

3) where the object of the service is a non-prefabricated item made according to the consumer’s specifications or tailored to their individual needs;

4) where the object of the service is a perishable item or one with a short shelf life;

5) where the object of the service is an item delivered in a sealed package that cannot be returned for health or hygiene reasons once opened;

6) where the object of the service consists of goods that, due to their nature, become inseparably mixed with other goods after delivery;

7) where the object of the service is alcoholic beverages whose price was agreed at the time of purchase, and whose delivery can only occur after 30 days and is subject to market fluctuations beyond the control of the entrepreneur;

8) where the consumer explicitly requested the entrepreneur to come to their location for urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer or delivers goods other than spare parts necessary for the repair or maintenance, the right to withdraw applies to those additional services or goods;

9) where the object of the service is sound or video recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;

10) for the delivery of newspapers, periodicals, or magazines, except for subscription contracts;

11) concluded through public auction;

12) for services involving accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, and events of entertainment, sports, or culture, if the contract specifies the day or period of service;

13) for the supply of digital content not provided on a physical medium for which the consumer is obliged to pay, if the entrepreneur has begun to perform with the consumer's express and prior consent, and the consumer was informed before the service began that they would lose the right to withdraw after the service was performed, and accepted it, and the entrepreneur provided the consumer with confirmation as referred to in Article 15(1) and (2) or Article 21(1);

14) for services for which the consumer is obliged to pay, if the consumer explicitly requested the entrepreneur to come to their location for repairs, and the service has already been fully performed with the consumer's express and prior consent.

2. Provisions of paragraph 1(1-3 and 5) do not apply to contracts made during an unscheduled visit by the entrepreneur to the consumer’s residence or usual place of stay or during a trip.

 

 

 

 

Model withdrawal form

(this form must be completed and sent only if you wish to withdraw from the contract)

 

- Addressee [here the entrepreneur should write the name of the entrepreneur, full postal address, and email address]

- I/We(*) hereby inform/inform(*) of my/our withdrawal from the sales contract for the following goods(*) the contract for the supply of the following goods(*) the contract for the provision of the following service(*)

- Date of conclusion of the contract(*)/receipt(*)

- Name(s) of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if the form is sent on paper)

- Date

 

(*) Delete as appropriate.

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