§1 [Consumer's Right of Withdrawal]
1. The consumer has the right to withdraw from the contract within 14 days without giving any reason.
2. The withdrawal period expires 14 days after the day on which the consumer acquires possession of the goods or a third party other than the carrier and indicated by the consumer acquires possession of the goods.
3. To exercise the right of withdrawal, the consumer must inform the seller of their decision to withdraw from the contract via a clear statement (for example, a letter sent by post or email). The relevant statement should be submitted by one of the following methods:
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by letter or in person to: Rezystancja Grzejnika Filip Klich, Opolska 11-19, 52-014 Wrocław
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by email to: sklep@rgfk.pl
4. The consumer may use a model withdrawal form, but it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the consumer to send the information concerning the exercise of the right of withdrawal before the withdrawal period expires.
6. The right of withdrawal from a distance contract between the seller and the consumer does not apply to contracts:
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for the provision of services, if the entrepreneur has fully performed the service with the consumer's express consent, after being informed before the start of the service that they will lose the right of withdrawal upon full performance;
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where the price or remuneration depends on fluctuations in the financial market beyond the entrepreneur's control, which may occur before the withdrawal period expires;
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where the subject of the contract is a non-prefabricated item, made according to the consumer's specifications or intended to meet their individualized needs;
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where the subject of the contract is an item that is perishable or has a short shelf life;
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where the subject of the contract is an item supplied in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package was opened after delivery;
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where the subject of the contract consists of items which, after delivery, are inseparably mixed with other items due to their nature;
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where the subject of the contract is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, delivery of which can only occur after 30 days, and whose value depends on market fluctuations beyond the entrepreneur's control;
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where the consumer expressly requested the entrepreneur to visit them to perform urgent repairs or maintenance; if the entrepreneur provides additional services beyond what the consumer requested, or supplies items other than replacement parts necessary to perform the repair or maintenance, the right of withdrawal applies only to the additional services or items;
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where the subject of the contract is audio or visual recordings or computer software supplied in a sealed package, if the package was opened after delivery;
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for the delivery of newspapers, periodicals or magazines, except for subscription contracts;
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concluded at a public auction;
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for accommodation services other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the contract specifies the day or period of service;
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for the delivery of digital content not supplied on a tangible medium, if performance began with the consumer's express consent before the withdrawal period expired and after being informed by the entrepreneur of the loss of the right of withdrawal.
§2 [Consumer's Costs of Returning Goods]
1. In the event of withdrawal from the contract, the seller shall reimburse the consumer all payments received from the consumer, including the costs of delivery of the goods (except for additional costs arising from the consumer choosing a type of delivery other than the least expensive standard delivery offered by the seller), without undue delay and no later than 14 days from the day the seller was informed of the consumer's decision to withdraw from the contract.
2. The seller shall refund using the same means of payment as the consumer used, unless the consumer has expressly agreed to a different method that is not associated with any costs for the consumer.
3. The seller may withhold reimbursement until they have received the goods back or the consumer has supplied proof of having sent back the goods, whichever is earlier. This does not apply if the seller has offered to collect the goods from the consumer.
4. If the consumer received the goods and exercises the right of withdrawal, they should return or deliver the goods to: Rezystancja Grzejnika Filip Klich, Opolska 11-19, 52-014 Wrocław, unless the consumer has a written statement from the seller offering to collect the goods.
5. The consumer bears the direct costs of returning the goods.
6. The consumer is only responsible for any diminished value of the goods resulting from handling them in a manner other than what is necessary to establish their nature, characteristics, and functioning.
§3 [Warranty for Defects]
1. The seller is liable to the consumer if the sold item has a physical or legal defect (warranty).
2. A physical defect means the item does not conform to the contract. In particular, the item is non-compliant if:
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it does not possess the qualities that such items should have for the purpose specified in the contract or resulting from circumstances or intended use;
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it lacks the qualities that the shop assured the consumer it would have, including by providing a sample or model;
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it is not suitable for the purpose for which the consumer informed the shop upon concluding the contract, and the shop did not raise any objection;
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it was delivered to the consumer in an incomplete state.
3. Public assurances by the producer or their representative, by the party placing the item on the market, or by any person placing their name, trademark or other distinguishing mark on the sold item as a producer, are treated equivalently to the seller’s assurances. This does not apply if the seller did not know, and could not reasonably have known, or if the assurances could not have affected the consumer's decision to conclude the contract, or if the assurances were corrected before concluding the contract.
4. The sold item has a physical defect also in case of incorrect installation or startup, if these actions were performed by the seller, a third party for whom the seller is responsible, or the consumer following instructions from the seller.
5. If a physical defect is detected within one year of delivery, it is presumed that the defect or its cause existed at the time of risk transfer to the consumer.
6. The seller is liable if the sold item is owned by a third party, encumbered by a third party right, or if its use or disposal is limited by a competent authority. In the case of the sale of a right, the seller is also liable for the existence of the right (legal defect).
7. The seller is liable under warranty for physical defects that existed at the time of risk transfer to the consumer or resulted from a cause inherent in the sold item at that moment.