Right to withdraw from the contract
A customer who is a consumer has the right to withdraw from the sales contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date on which the customer came into possession of the item or on which a third party other than the carrier and indicated by the customer came into possession of the Product. A consumer is also understood to be a natural person who concludes a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
To exercise the right to withdraw from the contract, you must inform us of your decision to withdraw from the sales contract by means of an unequivocal statement sent to us by post or by e-mail to info@sidegel.eu.
The customer may use the model withdrawal form attached as Appendix 1 to the Terms and Conditions of our Online Store. The use of the model form is not mandatory.
In order to meet the withdrawal deadline, it is sufficient for the customer to send information regarding the exercise of their right of withdrawal before the expiry of the withdrawal period.
Please be advised that the right to withdraw from a distance contract does not apply to contracts specified in Article 38 of the Act of May 30, 2014, on consumer rights, including contracts:
a) where the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other goods;
b) where the subject of the service is goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery.
Consequences of withdrawal from the contract
In the event of withdrawal from this contract, we will refund the customer all payments received from them, including delivery costs (except for additional costs resulting from the customer’s choice of a delivery method other than the cheapest standard delivery method offered in our online store) immediately, and in any case no later than 14 days from the date on which we were informed of the decision to exercise the right to withdraw from this contract. We will make the refund using the same means of payment as used by the customer in the original transaction, unless the customer has expressly agreed to a different solution; in any case, the customer will not incur any fees in connection with this refund.
Please be advised that we may withhold the refund until we receive the Product or until you provide us with proof of its return, whichever occurs first.
Please return the Product to Bouquet Group Sp. z o.o. ul. Grzegórzecka 4 lok. U1, 31-530 Kraków immediately, and in any case no later than 14 days from the date on which we were informed of the withdrawal from the sales contract. The deadline is met if the Product is returned before the expiry of the 14-day period. Please be advised that the customer will be required to bear the direct costs of returning the goods.
RESPONSIBILITY FOR PRODUCT CONFORMITY WITH THE AGREEMENT
Pursuant to Article 43a et seq. of the Act of May 30, 2014 on consumer rights, the Seller is liable to the Customer who is a consumer for the conformity of the Product with the sales agreement. A consumer is also understood to be a natural person who concludes a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
The Seller shall not be liable for the Product’s lack of conformity with the contract within the scope referred to in Article 43a(2) or (3) of the Act of May 30, 2014, on consumer rights, if the consumer, at the latest at the time of conclusion of the contract, was expressly informed that a specific feature of the Product deviates from the requirements of conformity with the contract specified in Article 43a(2) or (3) of the Act and expressly and separately accepted the lack of a specific feature of the Product.
The Seller shall be liable for any lack of conformity of the Product with the contract existing at the time of its delivery and revealed within two years from that moment, unless the shelf life of the Product, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that any lack of conformity of the Product with the contract which became apparent within two years of delivery of the Product existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Product or the nature of the lack of conformity of the Product with the contract.
A notification of non-compliance of the Product with the contract should be sent by e-mail to info@sidegel.eu or in writing to the address of the Seller’s registered office. The notification may be sent on the form attached as Appendix 2 to the Terms and Conditions.
If the Product is not in conformity with the contract, the consumer may request that it be repaired or replaced. The Seller may replace the Product when the consumer requests repair, or the Seller may repair the Product when the consumer requests replacement, if bringing the Product into conformity with the contract in the manner chosen by the consumer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the contract.
If the Product is not in conformity with the contract, the consumer may submit a statement requesting a price reduction or withdrawal from the contract if:
a) the Seller has refused to bring the Product into conformity with the contract;
b) the Seller has not brought the Product into conformity with the contract;
c) the Product is still not in conformity with the contract, even though the Seller has attempted to bring the Product into conformity with the contract;
d) the lack of conformity of the Product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first taking advantage of the possibility of repair or replacement;
e) it is clear from the Seller’s statement or circumstances that the Seller will not bring the Product into conformity with the contract within a reasonable time or without significant inconvenience to the consumer.
The Customer may not withdraw from the contract if the lack of conformity of the Product with the contract is insignificant.
The Seller shall refund the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer’s statement on the price reduction.
In the event of withdrawal from the contract, the consumer shall immediately return the Product to the Seller at the Seller’s expense. The Seller shall refund the price to the consumer immediately, no later than within 14 days from the date of receipt of the Product or
proof of its return. The Seller shall refund the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for him.
If necessary for the assessment of physical defects, the Product should be delivered to the address of Bouquet Group Sp. z o.o. ul. Grzegórzecka 4 lok. U1, 31-530 Kraków.
The Seller shall respond to the Customer’s notification within 14 calendar days of its receipt. Failure to consider the notification within the specified period shall be tantamount to its acceptance.
The Seller shall cover the costs of collection, delivery, removal of defects, or replacement of the Product with a new one.