Right of withdrawal
The customer who is a consumer has the right to withdraw from the sales contract within 30 days without giving any reason. The deadline for withdrawal expires after 30 days from the day on which the customer has taken possession of the item or in which a third party other than the carrier and indicated by the customer has taken possession of the Product.
A consumer is also understood to be a natural person who enters into an agreement directly related to his/her business activity, if the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Registration and Information on Business Activity.
In order to exercise the right to withdraw from the contract, you must inform us of your decision to withdraw from the sales contract by an unequivocal statement sent to us by post or by e-mail to firstname.lastname@example.org.
The Customer may use the model withdrawal form attached as Appendix 1 to the Rules and Regulations of our Online Shop. The use of the model form is not obligatory.
To meet the withdrawal deadline, it is sufficient for the customer to send information on exercising his/her right of withdrawal before the expiry of the deadline for withdrawal.
Please be informed that the right to withdraw from the agreement concluded remotely does not apply to the agreements specified in Article 38 of the Consumer Rights Act of 30 May 2014, inter alia, in relation to the agreement:
- in which the subject of the provision is a non-refabricated thing, produced according to the consumer’s specification or serving to satisfy his individualized needs,
- in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things.
Effects of withdrawal
In the event of withdrawal from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered in our Online Shop) without delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will reimburse you using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees in connection with this reimbursement.
Please be advised that we may withhold reimbursement until we receive the Product or until you provide us with proof of return, whichever event occurs first.
Please return the Product to the address: ROKO.BIKE Sp. z o.o. Wyzwolenia 59 street, 43-460 Wisła immediately and in any case not later than 14 days from the day on which you informed us of your withdrawal from the sales contract. The deadline is met if the product is returned before the expiry of the 14-day period. Please be informed that the customer will have to bear the direct costs of returning the item.
WARRANTY FOR PRODUCT DEFECTS
According to article 556 of the Act of 23 April 1964 – Civil Code, the Seller is responsible to the customer if the sold Product has a physical or legal defect. The seller is exempt from liability under the warranty if the customer knew about the defect at the time of concluding the contract.
Pursuant to Article 558 of the Civil Code, in the case of a sale of the Product to a Customer who is not a consumer, the Seller’s liability under warranty shall be excluded. A consumer is also understood as a natural person who concludes an agreement directly related to his/her business activity, if it follows from the content of the agreement that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions of the Central Registration and Information on Business Activity.
The delivery of the Product within the implementation of rights under the warranty for defects shall be at the expense of the Seller.
The Seller is liable under the warranty if the defect is found before the lapse of two years from the date of release of the Product to the customer.
Notification of defects in the Product should be sent via e-mail to email@example.com or in writing to the address of the registered office of the Seller.
If the item sold has a defect, the customer may submit a statement to reduce the price or withdraw from the contract, unless the Seller immediately and without excessive inconvenience to the customer will replace the defective item for a defect-free item or remove the defect. This restriction shall not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfil his obligation to replace the item with a defect-free item or remove the defect.
The Customer may instead of the removal of defects proposed by the Seller, demand the replacement of the item for one free from defects or instead of the replacement of the item demand the removal of the defect, unless bringing the item to conformity with the agreement in the way chosen by the Customer is impossible or would require excessive costs in comparison with the way proposed by the Seller.
The customer may not withdraw from the contract if the defect is insignificant.
If it is necessary for the assessment of physical defects the Product should be delivered to the address ROKO.BIKE Sp. z o.o. Wyzwolenia 59 street, 43-460 Wisła, Poland.
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 is equivalent to its acceptance.
The Seller shall cover the costs of removing the defects or replacing the Product with a new one.