Withdrawal from the contract

How to understand withdrawal from a distance contract?

Withdrawal from a contract should be understood as the customer's right to return (give back) the purchased item from an online store. Withdrawal from a contract, i.e. returning the given item, means that such a contract is considered not concluded.

When does the Customer have the right to withdraw from a distance contract?

The customer's right to withdraw from a contract concluded at a distance (or outside the premises of the company) is 14 days. This period is counted, in the case of purchases made in an online store, from the date of receipt of the goods.

Why is the withdrawal period 14 days?

The customer is entitled to 14 days to consider whether the purchase is correct or to compare the prices of similar goods or services available on the market.

If the seller does not inform the Customer of the right to withdraw from the contract within 14 days of receiving the product, this period will be extended to 12 months.

Example: The customer purchased the goods during the pre-Christmas period and then wants to return it, and during the order placement on the online store website, there was no information that the customer has the right to return the purchased goods within 14 days. The customer's right to return the goods will change from 14 days to 12 months. The seller will have to return the received amount, as the customer was not informed by the seller of the right to withdraw from the contract.

How to keep the 14-day period?

It is enough to send a statement made by the customer in writing or electronically before the expiry of this period. The consumer's statement does not have to indicate the reason for withdrawal.

What information obligations are on the seller's side?

After the legal changes, including those concerning online stores, which came into force after December 25, 2014, the seller must fulfill new information obligations towards customers. It is not only about the return form of the goods, but also about changes in the regulations regarding the right of withdrawal from the contract, information about deliveries, payments, complaints and many others. The store should also have a correct privacy policy, information about cookies (cookies) as well as protect the personal data of each customer.

When does the Customer not have the right to return the goods?

In certain cases, the customer does not have the right to return the goods. Thus, this right does not apply to the customer in relation to, inter alia:

1. purchasing gold on the stock exchange, since in such a contract the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control,
2. purchasing a tailor-made suit, since the Goods are produced according to the customer's wishes and meet his individual needs,
3. purchasing yogurt in an online store, since yogurt quickly spoils or has a short shelf life,
4. purchasing and opening a package of contact lenses, since the lenses are delivered in a sealed package, which cannot be returned after opening for health or hygiene reasons,
5. purchasing a DVD and opening it, since these are sound or visual recordings or computer programs delivered in a sealed package,
6. purchasing a ticket to a concert, if the ticket is marked with the day or period of providing such a service,
7. purchasing at a public auction; note - this exception does not include auction sites such as Allegro.

The above exceptions apply regardless of whether they are entered into the online store's regulations. However, the Consumer Rights Act imposes an information obligation in this regard and it is worth fulfilling it by indicating them in the online store's regulations.

Who bears the costs of returning the goods?

When a customer returns goods purchased in an online store, he does not bear any financial consequences. The only exception is the obligation to bear the costs of returning the goods, but in certain situations the seller must bear them.

Two different situations may arise where the seller or the customer will bear the costs of returning the goods to the seller.

The seller bears the costs - if the return of the goods is caused by the customer receiving a substitute performance, for example a dress in a different color.

The customer bears the costs - if the return of the goods is caused by the customer's right to reflection. In this situation, the customer receives the goods in accordance with the order, but after reflection decides to return the goods.

When will the seller bear the costs of returning the goods?

1. According to the above, the seller will bear the costs of returning the goods only if the return is caused by the customer receiving a similar but different good from the one requested.
2. The seller will bear the costs of returning the goods if he has agreed to bear them.
3. The seller bears the costs of returning the goods if they did not inform the customer of the need to bear the costs of returning the goods
4. The seller bears the costs of returning the goods if they did not inform the customer of the manner and deadline for exercising the right of return of the goods, as well as the template of the withdrawal form from the contract

Who bears the costs of returning the goods in the event that the customer chooses an option of delivery more expensive than the cheapest available on the website?

If the chosen method of delivery is other than the cheapest on the website, the customer bears additional costs. For example, when the customer had the following delivery options for the goods: registered letter 10 PLN, courier 25 PLN, then the seller returns him the cost of 10 PLN (i.e. the cheapest of the proposed options). The additional cost of the Customer is 15 PLN.

Who bears the costs of returning the goods in the event that the customer used the goods?

In such a situation, the customer bears responsibility for using the goods. This means that the customer has the right to assess and check the goods, but only in the same way as it can be done in a stationary store, i.e. try on, check if it is undamaged. The customer cannot put on a dress and go to a family party or wash things in the washing machine, as this reduces the value of the goods, which is subject to appropriate compensation to the seller. The seller has the right to reduce the value of the purchased item and return a lower value than the purchase price of the goods.

Related Pages

• SOTESHOP Store Price List.
• SOTESHOP Store
• Store Add-ons. Webstore.