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RIGHT TO WITHDRAW FROM AN AGREEMENT

(APPLIES TO SALES AGREEMENTS CONCLUDED FROM THE 25TH OF DECEMBER 2014)

1.1.        A Consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, with the exception of costs incurred in clause 10.8 of the Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires. The withdrawal declaration may be submitted:

1.1.1.     in writing at the address: ul. Zaruskiego 3, 41-219 Sosnowiec;

2.1.2.     electronically via e-mail at the address: sklep@cheers.com.pl;

2.2.        An example agreement withdrawal form template is included as appendix no. 2 to the Consumer Rights Act and additionally available in pt. 11 of the Terms and Conditions and at the Online Store’s website in the bookmark about possibility of withdrawal of the agreement. The Consumer may use the template form, however it is not obligatory.

1.3.        The course of the term to withdraw from the agreement begins:

1.3.1.     for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;

1.3.2.     for other agreements – on the agreement conclusion date.

1.4.        In case of withdrawal from an agreement concluded remotely, the agreement is deemed null and void.

1.5.        The Seller is obliged to immediately, no later than within 14 calendar days from the receipt date of the Consumer’s declaration of withdrawal from the agreement, to refund all payments issued by the Consumer, including the Product’s delivery costs (with the exception of additional costs associated with the method of delivery selected by the Customer other, than the least expensive regular method of delivery offered by the Online Store). The Seller issues the payment refund using the same method of payment used by the Consumer, unless the consumer has clearly consented to a different refund method which is not associated with any additional cost to the Consumer. If the Seller does not offer to reclaim the Product from the Consumer, the Seller may withhold payment of the refund until receipt of the returned Product or delivery of documented proof of a return delivery by the Consumer, whichever occurs first.

1.6.        The Consumer shall without delay, no later than within 14 calendar days from the agreement withdrawal date, return the Product to the Seller or hand it over to a person authorized by the Seller, unless the Seller has offered to personally reclaim the Product. In order to meet the above deadline, it is sufficient to send the Product back before the deadline expires. A consumer may return the Product at the address: ul. Zaruskiego 3, 41-219 Sosnowiec.

1.7.        The Consumer bears responsibility for degradation of a Product’s value as a result of its use beyond the scope necessary to determine the Product’s nature, features and functioning.

1.8.        Possible costs associated with the Consumer’s withdrawal from the agreement payable by the Consumer:

1.8.1.     If the consumer has selected a Product delivery method other than the least expensive regular delivery method offered by the Online Store, the Seller is not obliged to refund any additional costs incurred due to this fact to the consumer.

1.8.2.     The Consumer bears the direct costs of Product return.

1.8.3.     In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.

1.9.        The right to withdraw from an agreement concluded remotely does not apply in the case of:

1.9.1.     (1) agreements on rendering services, if the Seller has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Seller; (2) agreements in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control and which may occur before the expiry of the agreement withdrawal term; (3)  agreements in which the Product or service provided is not prefabricated, but is produced according to the consumer’s specifications or meant to satisfy the consumer’s custom needs; (4) agreements in which the provided Product is highly perishable or has a short use by period; (5) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (6) agreements regarding Products which upon delivery, due to their nature, are inseparably connected to other items; (7) agreements concerning the delivery of alcoholic beverages, whose price was agreed upon during conclusion of the Sales Agreement and which can be delivered only after 30 days, and the value of which depends on market fluctuations, over which the Seller has no control; (8) agreements in which the consumer expressly requested the Seller to come to the consumer’s premises in order to carry out urgent repairs or maintenance; if the Seller additionally renders other services than those requested by the consumer or delivers Products other than replacement parts essential to carry out repairs or maintenance, the consumer has the right to withdraw from the Agreement in relation to the additional services or Products; (9) agreements relating to the provision of audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened upon delivery; (10) agreements regarding the delivery of daily journals, periodic journals or magazines, with the exception of subscription agreements; (11) agreements entered into by way of public auction; (12) agreements for the provision of services in the area of accommodation other than for residential purposes, transport of items, lease of vehicles, catering, services associated with leisure, entertainment, sports or cultural events, if the agreement specifies a date or period of service provision; (13) agreements regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Seller of the loss of rights to withdraw from the agreement.

PRODUCT COMPLAINT

1.1.        The basis and extent of Seller’s liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified by the generally applicable laws, especially the Civil Code. For Contracts for Sale made to 24 December 2014, the basis and extent of the Seller’s liability towards the Customer being a natural person, who purchases the Product in purposes unrelated to a professional or commercial activity, for non-compliance of the Product with the Contract for Sale is laid down by the generally applicable laws, particularly in the Act on the special conditions of consumer sale and amendments to the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176 as amended).

1.2.        The Seller is obliged to provide the Customer with a Product without faults. Detailed information regarding the Sellers product liability and the Customer’s rights is provided at the Online Store’s website, under the „Product Complaint“ tab.

1.3.        A complaint can be submitted by the Customer in the following ways:

1.3.1.     in writing to the following address: ul. Zaruskiego 3, 41-219 Sosnowiec;

1.3.2.     in electronic form via e-mail to the following address: sklep@cheers.com.pl;

1.4.        It is recommended that the Customer provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.

1.5.        The Seller shall address the complaint without delay, no later than within 14 calendar days from the date of submission. If a consumer requests an exchange of a Product or a removal of defects or submits a statement of a price reduction, stating the amount of which the price is to be reduced and the Seller does not respond to the complaint within the abovementioned period, it means that the Seller has deemed the complaint as justified.

1.6.        The Customer who exercises the rights under the warranty shall be obliged to deliver the defective Product at the expense of the Seller to the following address: ul. Zaruskiego 3, 41-219 Sosnowiec. In a case of a consumer, the Seller bears a cost of delivery of the Product. In a case of a Customer who is not a consumer, a Customer bears a cost of delivery of the Product. If, due to the nature of the Product or the way it is mounted, the delivery of the Product by Customer would be extremely difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.