The right to withdraw from the contract
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The right to withdraw from the contract & MODEL statement of withdrawal from a distance contract
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1. A consumer who has entered into a distance contract may withdraw from it within 14 days without giving a reason and without incurring any costs than provided for by law. To meet the deadline, it is sufficient for the Consumer to submit a statement by the Seller before its expiry. The consumer may submit any unequivocal statement in which he will inform about his withdrawal from the Sales Agreement. A declaration of withdrawal from the Sales Agreement may be submitted, for example:
a. in writing to the following address: Magdalena Stelmaszyk, Karl-Müller-Weg 4, 63322 Rödermark, Deutschland;
b. in electronic form via e-mail to the following address: service@thomasmoebel.de;
c. using the withdrawal form, a model of which can be found in point 10 of these Regulations.
2. The period for withdrawing from the Sales Agreement begins from the date the Product is taken over by the Consumer or a third party indicated by him other than the carrier, and in the case of a Sales Agreement which:
a. covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or
b. involves the regular delivery of Products for a limited period of time - from taking possession of the first of the Products;
3. In the event of withdrawal from a distance contract, the contract is considered void.
4. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs arising from the method of delivery chosen by the Customer another than the cheapest usual delivery method available in the Online Store).
5. The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of his return, depending on which event occurs first.
6. The consumer is obliged to immediately, not later than within 14 days from the day on which he withdrew from the Sales Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the following address: Perzów 13-14, 63-642 Perzów. Please provide proof of purchase of the Product.
7. The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8. The consumer bears only the direct cost of returning the Product. As part of the promotional campaign, the Seller may offer the Consumer the collection of returned Products by the Seller from the Consumer.
9. The consumer is not entitled to withdraw from a distance contract in respect of contracts:
9.1 for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the beginning of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract;
9.2 in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract;
9.3 in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
9.4 in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;
9.5 in which the subject of the service is the Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
9.6 in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items;
9.7 in which the consumer expressly demanded that the Seller visit him for urgent repair or maintenance; if the Seller provides additional services other than those demanded by the consumer or provides Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is entitled to the consumer in respect of additional services or Products;
10. Model statement on withdrawal from a distance contract
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first name, last name and address of the consumer
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company name and address
DECLARATION OF WITHDRAWAL FROM A CONTRACT CONCLUDED AT DISTANCE
I declare that pursuant to art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) I withdraw from the contract No. ............ concluded on ........ ............ regarding the purchase of a good / service ................................. ......................................
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consumer signature