Right of withdrawal

Right of withdrawal

The right of withdrawal is the right of the consumer to withdraw from a distance contract (goods or services ordered in the form of a distance contract) within a specified time limit, without any justification.

Period of exercise of the right of withdrawal

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  • The right of withdrawal shall be exercised within 14 days of in :
    • from the date of entering into a contract - if a contract for the provision of a service has been entered into
    • from the date of delivery of the item - if the item has been ordered
    • from the last day of delivery of the item - if the order contains more than one item
    • from the last day of delivery of the lot or part of the item - if delivery is to be carried out in lots or parts
    • from the first day of delivery of the goods - if the contract provides for the regular supply of goods
  • The right of withdrawal shall be exercised within 1 year if the trader has not notified the right of withdrawal and has not provided a “withdrawal form”
  • Important! The trader is obliged to demonstrate compliance with the consumer information obligation

  Exercise of the right of withdrawal:

  • The exercise of the right of withdrawal means the 'notification' of the withdrawal of an order, namely the submission or transmission of a “notification of refusal” to the trader
• For the notification of a refusal, the consumer may use a “withdrawal form” provided by the trader and completed by the consumer or another “withdrawal notice” submitted or expressed in a free form.
• A “withdrawal notice” may be sent by the consumer by post or submitted personally
• If the consumer agrees, the form of the Internet website proposed by the trader may be used to send the “withdrawal notice”.
• Important! The right of withdrawal has been exercised if the “notification of refusal” has been sent or submitted within the time limit for exercise of the right of withdrawal
• The fact that the right of withdrawal is exercised is demonstrated, for example, by supporting documents for postal items or by the trader's acknowledgement of the acceptance of “notification of refusal”
• The trader is obliged to provide consumers with a “withdrawal form” (model in Part B of Annex 255 to the BOM).
• Important! The consumer is obliged to demonstrate the fact that the right of withdrawal is exercised (sending or submitting a “notification of refusal” within the time limit), therefore it is recommended that “notification of refusal” be made in writing, requesting, receiving and retaining evidence
• Important! Regulatory enactments shall provide for cases in which the right of withdrawal is not applicable

Consequences of exercising the right of withdrawal:

• Termination of contracts - termination of the distance contract concluded and any ancillary contracts related thereto
• Delivered goods - within 14 days of the date of dispatch or submission of the “notice of refusal”, the consumer shall deliver or forward to the trader the goods received
• Payments made by the consumer - the trader shall reimburse to the consumer, within 14 days from the date of receipt of the “notice of refusal”, any payment made on the order, except for an amount exceeding the “normal” supply costs offered by the trader
• Important! The trader is entitled to suspend the refund to the consumer until the receipt of the goods or documents certifying the sending thereof

The right of the consumer to use the purchased product during the exercise of the right of withdrawal:

• Right to inspect the goods - the consumer is entitled to use the goods in order to ascertain the nature and type thereof, as well as to check it
• Consumer responsibility - the consumer is responsible for reducing the value of the goods or for using it contrary to good faith, if the goods have been used during the exercise of the right of withdrawal, exceeding the limits required for ascertaining the nature and type and checking
• Important! The use of the goods for the purpose of ascertaining and verifying its characteristics and nature must be carried out to the extent that it would be possible to do so in the shop

Denial of service:

• • Consumer cannot refuse to from a fully supplied service within the - if the provision of the service within the period of the right of withdrawal
    • has been initiated with the express consent of the consumer, and
    • the service provider has received confirmation of the loss of the right of withdrawal
  • The consumer may refuse from a service which has not been completed in the - if the provision of the service within the period of the right of withdrawal:
    • launched with the express consent of the consumer
    • Important! The consumer must pay a proportional fee for the service received during the right of withdrawal - if the trader has informed the consumer

  Opt-out of digital content:

• • The consumer cannot refuse to from the digital content the of which has started to supply - if the supply of digital content within the time limit of the right of withdrawal:
    • has been initiated with the express consent of the consumer, and
    • the service provider has received confirmation of the loss of the right of withdrawal
  • The consumer may opt out of digital content for which delivery has not been initiated