The agreement cancellation.

  1. A Consumer who has concluded a distance or off-premises agreement may withdraw from an agreement within 14 days without giving any reason and without incurring any costs, taking into account the § 2 regulation. In the case of an agreement that includes several items that are delivered separately, in lots or in parts, an agreement can be canceled within 14 days after receipt of the last item, lot or part.

  2. If a Consumer has chosen a different shipping method than the cheapest ordinary shipping method offered by the seller, the seller is not obliged to reimburse a Consumer for the additional costs incurred. The direct costs of returning a product returned to the shop after the withdrawal from an agreement are borne by a Consumer.

  3. A Consumer can withdraw from the contract by submitting a declaration to the seller of withdrawal from an agreement. In order to meet the deadline referred to in §1, it is sufficient to send the declaration before its expiry.

  4. The seller shall reimburse a Consumer without undue delay, but no later than within 14 days after receipt of a declaration referred to in §3 by a Consumer, for all payments made by the consumer, including the cost of delivering the goods. The seller will refund a Consumer's payment using the same payment method that a Consumer used, unless a Consumer has expressly agreed to another type of return that does not incur a cost to a Consumer.

  5. If the seller has not personally collected the goods from a Consumer, he/she must withhold payments made by a Consumer until he/she has received the goods back or until a Consumer has provided proof that he/she has sent the goods back, whichever event comes first entry. In the case of a Customer other than a Consumer and the entity referred to in §9, the seller shall withhold the return of payment until he/she has received the goods back and it has been determined that no damage has been caused to the goods.

  6. A Consumer is obliged to return the goods to the seller or to hand them over to a person authorized by the seller to receive the goods immediately, but no later than within 14 days from the day on which he withdraws from an agreement. The timely dispatch of the goods is sufficient to meet the deadline. A Customer is obliged to protect the goods received in an appropriate manner to avoid any defect or damage during transport. 

  7. A Consumer is responsible for reducing a item value if it is used in a way that goes beyond what is necessary to establish the item’s nature, characteristics and functioning.

  8. The right to withdraw from an off-premises or distance agreement does not apply to a Consumer in relation to the agreements defined in Article 38 on the Consumer Rights of 30 May 2014, in particular agreements:

  1. where a subject matter of the performance consists of items which, by their nature, are inseparable from the supply of other items,

  2. where a price or remuneration depends on fluctuations in the financial market over which the seller has got no control and which may occur before the end of the withdrawal period from an agreement.

  1. The regulations of §6, items 1-8 also apply to a natural person who concludes an agreement that is directly related to their commercial activity if the content of the agreement shows that it is not of a professional nature for this person , which results in particular from the object of their commercial activity, which is available on the basis of the regulations of the central register and information on commercial activity.

     

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