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§ 6 Withdrawal from the contract - electronic return form

A consumer who has concluded a Distance Sales Contract may, within 14 days, withdraw from it without giving any reason. In the event of withdrawal from a Distance Sales Contract - the contract shall be deemed not to have been concluded.
The individual Entrepreneur shall also have the right to withdraw from the contract under the terms of paragraphs 6 and 7 hereof. Insofar as in paragraphs 6 and 7 of these Terms and Conditions refers to the Consumer, it is also understood to mean the Individual Entrepreneur.
In the case of withdrawal from the contract - the Consumer shall bear only the direct costs of returning the Goods.
The Consumer's statement must clearly 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://sklep.naturalnaplodnosc.pl/returns-open.php.
2. withdraw from the contract using the withdrawal form attached as Appendix 2 - by sending it to the Seller's registered address.
3. The Seller shall immediately confirm on a durable medium the fact of receipt of the statement of withdrawal from the contract submitted in the manner indicated in subsections 1 and 2.
Sending the statement before its expiry shall be sufficient to meet the deadline.
The period for withdrawal from the contract shall begin:
1. for a contract in the performance of which the Seller delivers the Goods, being obliged to transfer their ownership - from the taking possession of the Goods by the Consumer or a third party other than the carrier indicated by the Consumer, and in the case of a contract which:
  1. involves multiple items which are delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
  2. consists of the regular delivery of goods over a defined period of time - from the taking possession of the first item;
2. for other contracts - from the day of conclusion of the contract.
The form of declaration of withdrawal from the contract (Appendix No. 2 to these Regulations) and information on exercising the right of withdrawal (Appendix No. 1 to these Regulations) shall be provided in electronic form.
In the case of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
In the event of withdrawal from the Agreement for the provision of Digital Content or Digital Service, the Consumer shall stop using that Digital Content or Digital Service and making it available to third parties.
The right of withdrawal from a Distance Sales Contract shall not apply to the contracts indicated in Article 38 of the Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, inter alia Contracts:
1. for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who has been informed before the start of the performance that after the Seller's performance he will lose the right to withdraw from the contract and has acknowledged this.
2. in which the price or remuneration depends on fluctuations in the financial market which are not under the trader's control and which may occur before the end of the withdrawal period;
3. whose object of performance is an item which is not prefabricated, produced to the consumer's specifications or intended to meet the consumer's individual needs;
4. whose object of performance is an item supplied in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
5. for the supply of sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
6. the supply of Digital Content not supplied on a tangible medium for which the Consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who has been informed prior to the commencement of performance that after the Seller's performance the Consumer will lose the right to withdraw from the contract and has acknowledged this;
7. the subject of which is a perishable item or an item that has a short shelf life and in which the subject of the performance are items that are, by their nature, inseparable from other items after delivery;
8. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
9. concluded by public auction;
10. for the provision of accommodation 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 the period of performance of the service;
11. where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;

§ 7 Effects of withdrawal from the contract

The Seller shall, within 14 days from the date of receipt of the notice of withdrawal from the Agreement for the sale of an item, refund to the Consumer all payments made by the Consumer, including the costs of delivery, corresponding to the cheapest method of delivery offered by the Seller.
1. Reimbursement of payments shall be made using the same method of payment used by the Consumer.
2. If the Consumer in order to exercise the right of withdrawal - uses the Electronic Return Form - the funds will be refunded by the chosen method and to the bank account provided by the Consumer.
3. If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement of the payment received from the Consumer until he has received the Goods back or the Consumer has provided proof of their return, whichever event occurs first.
The Seller may offer to the Consumer to collect the Goods from the Consumer himself. However, if the Seller has not made such an offer - the Consumer should return the thing to the Seller (or a person authorised by the Seller to collect it) immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the item before its expiry. Goods that the Consumer returns should be sent to the address of the Seller's registered office.
The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
The Consumer may not withdraw from the contract if the Digital Content or Digital Service is provided in exchange for the payment of a price and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial.
The Seller may request the return of the tangible medium on which it has supplied the Digital Content within 14 days of receipt of the Consumer's declaration of withdrawal. The Consumer shall return the medium immediately and at the Seller's expense.
The Seller shall be obliged to return the price only to the part corresponding to the Digital Content or Digital Service not in conformity with the contract and the Digital Content or Digital Service, the obligation to provide which has fallen due to withdrawal from the contract.

§ 8 Complaint

A complaint about a defect in the Goods or non-compliance of the Goods with the concluded Remote Sales Contract may be filed:
1. via the Electronic Complaint Form;
2. in writing to the address of the Seller's registered office or by e-mail to sklep@naturalnaplodnosc.pl.
In the notification, it is necessary to specify a defect which, in the opinion of the Buyer, the Goods have, claims against the Seller, and if possible - to document the said defect and provide proof of purchase of the Goods in the Online Shop. The Seller shall respond to the complaint within 14 days of its receipt. If he has not responded within the aforementioned time limit, it shall be deemed that he has acknowledged the complaint. The response to the complaint shall be provided by the Seller to the Buyer in writing or on a durable medium.
The steps to be taken by the Buyer in order to lodge a complaint, including the method of delivery of the Goods under complaint to the Seller are indicated at various stages in the Electronic Complaint Form.
In the event that the Seller considers the complaint as justified: the costs of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
The Seller shall be liable to the Consumer, as well as to the Individual Entrepreneur, for the lack of conformity of the Goods with the Distance Sales Contract under the principles that result from the Act of 30.05.2014 on Consumer Rights.
1. The Seller shall be liable for non-compliance of the Goods with the Contract of Sale concluded remotely existing at the time of its delivery and disclosed within two years from that time, unless the term of usefulness of the Goods, specified by the Seller, is longer.
2. The Seller shall repair or replace the Goods within 14 days of acknowledging the complaint. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
3. The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods at his own expense. 6.
The Seller shall deliver the Goods free from defects and shall be liable to the Entrepreneur for defects of the purchased Goods under the terms of the Civil Code.
The delivery of Digital Content or Digital Service to the Consumer or the Individual Entrepreneur shall be made in accordance with the principles that arise from the Act of 30.05.2014 on Consumer Rights.
1. Digital Content shall be deemed to have been delivered when the Digital Content or the means that allows access to the Digital Content or the downloading of the Digital Content have been made available to the Consumer or to a physical or virtual device that the Consumer has independently selected for that purpose, or when the Consumer or such device, has accessed it.
2. The Digital Content shall be deemed to have been delivered when the Consumer or the physical or virtual device which the Consumer has independently selected for that purpose has accessed it.
3. The Seller shall bring the Digital Content or Digital Service into conformity with the contract within 21 days from the moment the Seller is informed by the Consumer of the lack of conformity with the contract and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into conformity with the Contract shall be borne by the Seller.