The right to withdraw from a contract
- Pursuant to the Act on Consumer Rights, the Consumer shall have the right to withdraw from a Sales Contract within 14 (fourteen) days for convenience.
- The deadline for withdrawing from a Sales Contract shall expire upon 14 (fourteen) days of the day when the Consumer came into possession of Goods or the day when a third party, other than a carrier and indicated by the Consumer, came into possession of Goods.
- The term for the withdrawal from a Sales Contract that covers a number of objects that are delivered separately, in batches or in parts, shall start upon coming into possession of a last object, batch or part.
- The statutory right to withdraw from a consumer sales contract made at a distance shall not be held by the Consumer with respect to agreements:
a. on rendering services, if an
entrepreneur has rendered a service in full by an explicit consent of the Consumer
who has been informed before the start of the service that upon its completion
the Consumer shall lose the right to withdraw from the contract;
b. in which a price of Goods or remuneration depend on fluctuations on the financial market that are out of control of the entrepreneur and that may occur before the deadline for withdrawing from the contract;
c. whose subject matter is a non-prefabricated object produced according to the specification of the Consumer or used to fulfil his personalised needs;
d. in which the Consumer has explicitly demanded that an entrepreneur is to come to his place to carry out an urgent repair or maintenance; if an entrepreneur renders additionally services other than required by the Consumer or delivers things other than spare parts necessary for the performance of the repair or maintenance, the Consumer shall have the right to withdraw from the contract with respect to such additional services or things;
e. in which an object of performance is a thing that is delivered in a sealed package, which upon its opening cannot be returned due to health protection or for hygienic reasons, if the package has been opened upon its delivery;
f. in which an object of performance are things that, after the delivery, are inseparably connected to other objects due to their nature;
g. in which an object of performance is a sound or visual recording or computer programmes delivered in a sealed package; if the package has been opened upon its delivery;
h. on delivering digital content that has not been recorded on a material data storage device, if the performance started by an explicit consent of the Consumer before the lapse of the deadline for the withdrawal from the contract and after the Consumer has been informed by the entrepreneur of losing the right to withdraw from the contract.
- The Consumer may withdraw from a Sales Contract by submitting an explicit declaration to the Seller on the withdrawal from the contract. The declaration may be submitted in a form that is available on the Store’s website. The use of the above-mentioned form shall not be obligatory.
- A declaration on the withdrawal from the Contract in the form of an explicit declaration shall be sent to:
a. in writing to the address of the Seller:
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with a note: ‘WITHDRAWAL’ (ODSTĄPIENIE) (recommended); or
b. via an e-mail, to the e-mail
c. in the Customer’s panel on the Customer’s account in the section ‘Return of Goods’.
- To meet the 14 (fourteen) day deadline for the withdrawal from a Sale Contract, the Consumer shall send a notice of exercising the Consumer’s right to withdraw from the contract before the deadline for the withdrawal.
- The Seller shall immediately, but not later than within 14 (fourteen) days of receiving a declaration of the Consumer on the withdrawal from a Sales Contract, return a payment for Goods. The Seller shall not be obliged to reimburse any additional costs incurred by the Consumer, including the costs of returning the Goods.
- The Seller may withhold the reimbursement of payments received from the Consumer until the receipt of returned Goods or until the Consumer provides a receipt of dispatching Goods, whichever is first.
- The reimbursement of the payment shall be made with the same payment mode that has been used by the Consumer in the original transaction, unless the Consumer has explicitly consented to another solution that does not involve any costs for the Consumer.
- The Consumer shall return Goods to the Seller by sending them back to the address of the Seller’s warehouse:
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as soon as possible, however not later than within 14 (fourteen) days of the date of withdrawing from the Sales Contract. The deadline shall be met, if the Client sends Goods back before the lapse of this deadline.
- Any goods returned by the Consumer shall be packed adequately, in the manner that prevents any damage in the course of transport. As far as possible, Goods shall be packed in original packaging materials. The returned Goods shall be complete and undamaged.
- The Consumer shall be liable for a reduced value of Goods that results from their use in the manner other than necessary for finding the nature, characteristics and operation of things.
A complaint about Goods purchased from our Store due to a warranty may be filed:
a. directly, at an authorised service point of a manufacturer (addresses of service points are available in a warranty card, in an enclosed product manual or on websites of manufacturers). Any defective equipment shall be delivered to an authorised service point with a warranty card and with a copy of a receipt; or
b. via our Store.
Complaints about Goods due to guarantee (rękojmia) may be filed within 24 months of their issue, if Goods are found to be damaged, incomplete, defective or contrary to the description. A product shall be returned to the Seller by sending it to the address given in a receipt.
Complaints in the www.lulando.co.uk Store may be filed to the e-mail address: firstname.lastname@example.org. Upon receiving a complaint notice number, defective Goods are to be sent back directly to the address of our company:
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Together with Goods that are complained about, the following are to be delivered to our Store:
a. accessories delivered originally with purchased
Goods (if such accessories are not delivered, this may prevent handling a
complaint or the repair of Equipment or may result in its damage/destruction in
transport, which shall be the liability of the Buyer);
b. a copy of a receipt confirming the purchase of goods;
c. a warranty card (in the case of complaints due to warranty);
d. an accurate description of a complaint;
e. an expected way of resolving a complaint; and
f. contact data (a name, an address, a phone number and an e-mail).
Any products sent back to our Store are to be shipped in a packaging that guarantees their safe transport. Brands Factory Sp. z o.o. shall not cover costs of returning Goods by the Customer and shall not be liable for any damage caused during transport due to the improper protection of Goods. Upon the receipt of Goods complained about, our Store shall commence the procedure of notice verification. All complaints shall be handled within 14 days of the receipt of Goods complained about. In situations that require a longer complaint process, you shall be informed before the lapse of 14 days of the delivery of Goods complained about. Handling a complaint shall mean sending Goods to an authorised service of the manufacturer.
Before every receipt of a parcel from a courier, check the package carefully, including but not limited to by paying attention to any external traces of damage to the parcel. If you find any damaged Goods or if any Goods are missing, write a courier damage report (a courier should have a relevant report form). Preferably, this should be done when accepting a parcel. If damage to the content of a parcel is found after a courier has left, contact the courier service (the phone number is given in a customer receipt) and require that the courier is to come back in order to write a damage report. A report shall contain the following information: the condition of a parcel (including information about even smallest dents), the description of damage, a customer receipt number, a delivery date, a name of a parcel recipient, names of persons preparing the report, the exact determination of the marking of package, e.g. labels and notices ‘careful’, ‘fragile’, etc. Immediately after preparing the report, please e-mail to email@example.com any information about the situation:
a. a receipt number;
b. a scan of a damage report;
c. photo documentation of damaged Goods including the appearance of external packaging (a cardboard box from all sides); and
d. contact data (a name, an address, a phone number and an e-mail address).