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Information on making use of the right to withdraw from a purchase agreement

Instruction on how to withdraw from an agreement

 

Right to withdraw from a purchase agreement

A User purchasing merchandise as a Consumer (i.e. a natural person entering into a transaction not related to their business or occupational activity with the Shop) has the right to withdraw from the purchase agreement, without specifying any reasons, within 14 days of executing the agreement.

The withdrawal period expires after 14 days from the day on which the User takes possession of the purchased goods or any third party other than the carrier, indicated by the User, takes possession of the items, i.e. from the day of delivery of the package to the User.

In order to withdraw from the contract, the User shall inform the Kanu NATURE Company by an unequivocal declaration, using one of the following methods:

  • by post to Kanu Nature Sp. z o.o., 76-024 Świeszyno 39;
  • by e-mail: sklep@kanunature.eu;
  • on the phone: +48 94 346 58 68.

The template withdrawal form can be used, but it is not obligatory. The User shall inform the Shop about their decision to make use of the right to withdraw within 14 days of taking possession of the purchased merchandise.

 

Results of withdrawal

Should a User withdraw from a purchase agreement, the Shop shall reimburse all monies received from the User, including the delivery cost (except for additional costs incurred by the User selecting a form of delivery other than the cheapest ordinary delivery method offered by the Shop), doing it immediately, in any case not later than 14 days from the date of receiving the returned merchandise.

The monies shall be reimbursed by means of the same payment method as the one employed by the User during the purchase transaction, except for situations where the User unequivocally has agreed to another solution.

The Shop is entitled to wait with the reimbursement of the monies to the User until receiving the merchandise dispatched to the following address: Kanu Nature Sp. z o.o., 76-024 Świeszyno 39.

The condition of the withdrawal period is met when the User dispatches the merchandise within 14 days from delivery date.

The User shall pay the direct costs of the return of purchased merchandise.

The Consumer shall be held liable only for the reduction of the value of a product resulting from using it differently than is needed to state the character, qualities and working condition of the delivered good.

 

Note. The Consumer has no possibility of withdrawing from the remote purchase agreement in the following situations:

  • when the goods supplied are made to the consumer’s specifications or clearly personalised (e.g. an individual order);
  • when the goods supplied are liable to deteriorate or expire rapidly;
  • when the goods supplied are sealed and after unsealing cannot be returned due to health protection or for hygiene reasons, if they were unsealed after delivery;
  • when the goods supplied are, due to their nature, inseparably mixed with other items after delivery;
  • when the goods supplied are clearly tailored to individual needs of the Consumer.

 

Information on MAKING use of the right to MAKE warranty Claims

Instruction on how to make such claims

 

Right to make claims based on warranty

When purchasing merchandise as a Consumer (i.e. a natural person entering into a transaction not related to their business or occupational activity with the Shop), the User has the right to make claims based on warranty, which means that the Shop is liable for the merchandise being different from the stipulations included in the purchase agreement.

The right to make claims based on warranty does not apply to Entrepreneurs.

Claims based on warranty are justified in the cases of a physical fault or a legal fault of the product sold. A physical fault means divergence between the product and the stipulations of the purchase agreement, especially when the merchandise:

  • is devoid of properties which a product of this kind should possess;
  • is devoid of properties as to which the Consumer has been ensured;
  • is not suitable for the purpose about which the User informed the Shop upon executing the purchase agreement, provided that the Shop did not object to such intended use;
  • was delivered to the Buyer incomplete.

A legal fault may mean that the merchandised purchased by the Consumer:

  • is a property of a third party;
  • is encumbered with third-party rights;
  • or its use or disposal is limited due to a decision or sentence of a court or an administrative body.

The warranty expires after 24 months from the day on which the customer takes possession of the purchased goods or any third party other than the carrier, indicated by the customer, takes possession of the items, i.e. from the day of receiving the delivered goods. It is to be assumed that when the Consumer submits a warranty claim within 12 months of the period of the Shop’s liability, the fault or its reason is deemed to have existed already on the day of the purchase.

Should a fault be detected in the period from the beginning of the thirteenth month until the end of the twenty-forth month after the delivery, the customer is to show that the product was faulty when it was purchased.

Should the Shop turn out to have fraudulently concealed a fault of the merchandise sold, a claim based on warranty may be made even after the expiry of the above-mentioned periods.

The Shop will replace or mend the faulty merchandise or the User will be entitled to apply for a discount, specifying the sum by which the payment should be reduced, or to withdraw from the agreement (provided that the fault is material).

In order to make a claim based on warranty the User shall inform the Kanu NATURE Company about the fault, providing a detailed description of it, using one of the following methods:

  • by post to Kanu Nature Sp. z o.o., 76-024 Świeszyno 39;
  • by e-mail: sklep@kanunature.eu
  • on the phone: +48 94 346 58 68.

The template letter of complaint can be used, but it is not a condition that must be met in order for the complaint to be proceeded.

The Shop shall respond to the claims made by the User within 14 days of receipt of the User’s complaint. Should the Shop fail to respond in this period, the warranty claim shall be deemed justified. The response to the warranty claim shall be sent to the e-mail address submitted by the User.

In cases of reimbursement or difference in price between products the Shop shall issue a written statement confirming a partial or total reimbursement.

 

NOTE!!!! Check the content of the package immediately, in the presence of a courier. Drawing up a report will facilitate the complaint procedure in the Shop.

 

Consumers can solve warranty claims by mediation which is free of charge for consumers. More information is to be found on the website of the government agency UOKiK: http://www.prawakonsumenta.uokik.gov.pl/pomoc.