Refund policy
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8. 1 The right to withdraw from the contract is not available to the consumer in relation to the Sales Agreement, the subject of which is a non-prefabricated Product, manufactured according to the consumer's specifications or to meet his individual needs. All such products have the annotation #customized product in the description.
8. 2 Subject to the statutory exclusions indicated in point 8. 1 and point 8. 10 of the Regulations, a consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8. 9 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8. 2 1 in writing to the following address: Komorniki 27, 63-004 Komorniki;
8. 2 2 in electronic form via e-mail to the following address: office@loftdecora. pl.
8. 3 An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 11 of the Regulations. The consumer may use the form template, but it is not mandatory.
8. 4 The deadline to withdraw from the contract begins:
8. 4 1 for a contract under which the Seller issues the Product, being obliged to transfer its ownership (eg. Sales Agreement) - from taking possession of the Product by the consumer or a third party other than the carrier indicated by him, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product , lot or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8. 4 2 for other contracts - from the date of conclusion of the contract.
8. 5 In the event of withdrawal from a distance contract, the contract is considered void.
8. 6 The seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on 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 resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller refunds 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, which does not involve any costs for him. If the payment is made using a payment card, the refund will be made to the bank account assigned to the payment card with which the payment was made. 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 its return, depending on which event occurs first.
8. 7 The Consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect it, unless the Seller proposed that he would collect the Product himself. To meet the deadline, it is enough to send back the Product before its expiry. The consumer may return the Product to the following address: Komorniki 27, 63-004 Komorniki.
8. 8. The consumer is responsible for the 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. 9 Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8. 9 1 If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8. 9 2 The consumer bears the direct cost of returning the Product. For Products that cannot normally be returned by post (e.g. bulky shipments), the consumer may incur higher costs of sending them back, in accordance with the following exemplary price list of one of the carriers: https://www. sendit. pl/pricelist/national-pricelists/fedex.
8. 9 3 In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8. 10 Regardless of point 8. 1 of the Regulations, the consumer is not entitled to withdraw from a distance contract also in relation to contracts:
8. 10 1 (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 commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (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; (3) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (4) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (5) in which the subject of the service are Products which, due to their nature, are inseparably connected with other items after delivery; (6) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (7) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (8) 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; (9) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (10) concluded by public auction; (11) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (12) for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
8. 11 Included in this section 8. of the Regulations, the provisions regarding the consumer apply from January 1, 2021. and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the activity performed by it business, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
8. 1 The right to withdraw from the contract is not available to the consumer in relation to the Sales Agreement, the subject of which is a non-prefabricated Product, manufactured according to the consumer's specifications or to meet his individual needs. All such products have the annotation #customized product in the description.
8. 2 Subject to the statutory exclusions indicated in point 8. 1 and point 8. 10 of the Regulations, a consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8. 9 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8. 2 1 in writing to the following address: Komorniki 27, 63-004 Komorniki;
8. 2 2 in electronic form via e-mail to the following address: office@loftdecora. pl.
8. 3 An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 11 of the Regulations. The consumer may use the form template, but it is not mandatory.
8. 4 The deadline to withdraw from the contract begins:
8. 4 1 for a contract under which the Seller issues the Product, being obliged to transfer its ownership (eg. Sales Agreement) - from taking possession of the Product by the consumer or a third party other than the carrier indicated by him, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product , lot or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8. 4 2 for other contracts - from the date of conclusion of the contract.
8. 5 In the event of withdrawal from a distance contract, the contract is considered void.
8. 6 The seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on 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 resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller refunds 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, which does not involve any costs for him. If the payment is made using a payment card, the refund will be made to the bank account assigned to the payment card with which the payment was made. 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 its return, depending on which event occurs first.
8. 7 The Consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect it, unless the Seller proposed that he would collect the Product himself. To meet the deadline, it is enough to send back the Product before its expiry. The consumer may return the Product to the following address: Komorniki 27, 63-004 Komorniki.
8. 8. The consumer is responsible for the 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. 9 Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8. 9 1 If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8. 9 2 The consumer bears the direct cost of returning the Product. For Products that cannot normally be returned by post (e.g. bulky shipments), the consumer may incur higher costs of sending them back, in accordance with the following exemplary price list of one of the carriers: https://www. sendit. pl/pricelist/national-pricelists/fedex.
8. 9 3 In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8. 10 Regardless of point 8. 1 of the Regulations, the consumer is not entitled to withdraw from a distance contract also in relation to contracts:
8. 10 1 (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 commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (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; (3) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (4) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (5) in which the subject of the service are Products which, due to their nature, are inseparably connected with other items after delivery; (6) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (7) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (8) 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; (9) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (10) concluded by public auction; (11) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (12) for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
8. 11 Included in this section 8. of the Regulations, the provisions regarding the consumer apply from January 1, 2021. and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the activity performed by it business, made available on the basis of the provisions on the Central Register and Information on Economic Activity.