RIGHT TO WITHDRAW FROM THE CONTRACT
1. The consumer has the right to withdraw from the sales contract concluded with WENEVE without giving a reason and without incurring costs (except for the direct costs of returning the Goods to the headquarters of WENEVE), within 14 days from the date of receipt of the Goods, and thus taking possession of the Goods by the Consumer or taking possession of the Goods by a third party indicated by the Consumer other than the carrier, and in the event that the Consumer places one Order covering many Goods, which are delivered separately, in batches or parts, the thirty-day period should be counted from the moment the physical possession of the last Good, lot or parts.
2. The consumer exercising the right indicated in point 1 may withdraw from the contract by submitting an appropriate statement.
3. The customer can use the sample form prepared by WENEVE, which must be completed, but its use is not mandatory.
4. Consumer's statement on withdrawal from the contract should be sent to the headquarters of WENEVE, except that to meet the deadline for withdrawal from the contract, it is enough to send a statement on exercising this right within that period.
5. If the Consumer exercises his right to withdraw from the contract, the Consumer shall bear all the direct costs of returning (delivering) the Goods to the headquarters of WENEVE.
6. WENEVE reimburses all payments made by the Consumer, using the same method of payment as used by the Customer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs.
7. WENEVE may withhold the reimbursement of payments received from the Customer until receipt of the item back or delivery by the Customer of proof of sending it back.
8. The Customer is obliged to return the WENEVE Goods or transfer it to a person authorized by WENEVE immediately, but not later than within 30 days from the day on which he withdrew from the contract.
9. To meet the deadline referred to in point 9, it is sufficient to return the Goods before its expiry.
10. The Customer should return the Goods to the address of the headquarters of WENEVE, i.e. Reja 12, 35-211 Rzeszów, Poland, unless WENEVE has authorized a specific person to collect it.
11. A buyer who is not a consumer has no right to withdraw from the contract referred to in paragraph 1, while for such sale, the rules and terms of withdrawal from the contract are governed by the provisions of the Civil Code.
12. The consumer, in the event of the return of the Good in connection with the withdrawal referred to in paragraph 1, is responsible for reducing the value of the Good, resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
13. The owner of the store informs that the right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
c) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
d) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
e) in which the subject of the service is an item 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;
f) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
g) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
h) in which the Consumer explicitly demanded that the entrepreneur came to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the contract in respect of additional services or items;
i) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
j) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
k) concluded through a public auction.
14. Withdrawal from the contract is not possible in the case of products implemented / produced after the client has placed the order, i.e.
- concrete slabs,
- wooden and concrete tiles,
- concrete pots,
- concrete pots,
- other products that are manufactured after the customer's order for a given product.
The above issues are discussed more broadly in the scope of current legislation (applicable as at 01.01.2020) and analyzed by:
a) Home.pl in the article: https://blog.home.pl/2015/01/kiedy-nie-moge-odstapic-od-umowy-nowa-ustawa-w-praktyce/#Produkt_na_zamowienie (active link for the day (01/01/2020).
b) prokonsumencki.pl in the article: https://prokonsumencki.pl/ustawa-o-prawach-konsumenta-2/duza-ilosc-kombinacji-produktu-konsument-bedzie-mial-prawa-odstapienia-umowy-omawiamy-korzystne-dla-sprzedawcow-orzeczenie-dotyczace-nowej-ustawy-o-prawach-konsumenta/ / (active link as at (01.01.2020).