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Statute

Statute

SANS.COM.PL ONLINE STORE REGULATIONS

 

CONTENTS:

  1. GENERAL PROVISIONS

  2. ELECTRONIC SERVICES IN THE ONLINE STORE

  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

  5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

  6. COMPLIANCE OF THE GOODS WITH THE CONTRACT

  7. NON-CONFORMITY OF THE GOODS WITH THE CONTRACT

  8. PRICE REDUCEMENT

  9. OPINION VERIFICATION

  10. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

  11. RIGHT OF WITHDRAWAL FROM THE CONTRACT

  12. PROVISIONS RELATING TO ENTREPRENEURS

  13. FINAL PROVISIONS

  14. WITHDRAWAL FORM SAMPLE

 

The www.sans.com.pl online store protects consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Contract provisions that are less favorable to consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred by mandatory provisions of law, and any potential doubts should be resolved to the consumer's benefit. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, these provisions shall prevail and be applied.

  1. GENERAL PROVISIONS

    1. WORKING DAY – one day from Monday to Friday, excluding public holidays.

    2. CONTACT FORM – a form available in the Online Store enabling the Service Recipient to contact the Service Provider, available on the Online Store website in the “Contact” tab.

    3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

    4. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

    5. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.

    6. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).

    7. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

    8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

    9. REGULATIONS – these regulations of the Online Store.

    10. ONLINE STORE – the Service Provider’s online store available at the following internet address: www.sans.com.pll.

    11. SELLER; Sans Sp. z o. o. with its registered office in Warsaw, ul. Drewniana 9/15, 00-348 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000596579, NIP 7123305947, REGON 363516722, e-mail: kontakt@sans.com.pl.

    12. SALES AGREEMENT – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store.

    13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

    14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.

    15. CONSUMER RIGHTS ACT, ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)

    16. ORDER - a declaration of intent of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.

    17. The online store www.sans.com.pl is operated by Sans Sp. z o. o. with its registered office in Warsaw, ul. Drewniana 9/15, 00-348 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000596579, NIP 7123305947, REGON 363516722, e-mail: kontakt@sans.com.pl.

    18. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed solely to consumers or entrepreneurs.

    19. The Seller is the controller of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, within the scope, and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).

    20. Definitions:

  2. ELECTRONIC SERVICES IN THE ONLINE STORE

    1. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) completing the Order Form and (2) clicking the " Order and pay " field on the Online Store website after completing the Order Form – until then, the Customer can modify the entered data independently (to do this, follow the displayed messages and the information available on the Online Store website). The Order Form requires the Customer to provide the following information: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. For Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).

      1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when the Order is placed via it or when the Service User stops placing the Order via it earlier.

    2. Use of the Contact Form begins after (1) completing the Contact Form available in the "Contact" tab and (2) clicking the "Send" field on the Online Store website after completing the Contact Form. Until then, you can modify the entered data yourself. The Contact Form requires the Service User to provide the following information: name, email address, and message content.

      1. The Electronic Contact Form Service is provided free of charge and is of a one-off nature and ends when a message is sent via it or when the Service User stops sending messages via it earlier.

    1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaints procedure, which is indicated in point 6 of the Regulations) may be submitted by the Service User, for example:

      1. in writing to the following address: Sans Sp. z o. o. with its registered office in Warsaw, ul. Drewniana 9/15, 00-348 Warsaw.

      2. in electronic form via e-mail to the following address: kontakt@sans.com.pl.

    2. It is recommended that the Service User provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Service User's request; and (3) contact details of the complainant – this will facilitate and expedite the complaint processing by the Service Provider. The requirements set out in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.

    3. The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

    4. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

    5. Technical requirements necessary to cooperate with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024x768.

    6. The Service User is obligated to use the Online Store in a manner consistent with the law and good practice, with due regard for the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service User is obligated to provide accurate data. The Service User is prohibited from providing illegal content.

    7. Complaint procedure regarding Electronic Services:

  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

    1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

    2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate email to the Customer at the email address provided by the Customer when placing the Order. The email message contains, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

    3. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

    4. The Product price displayed on the Online Store website is given in Polish zloty and includes taxes. The total price, including taxes, of the Product that is the subject of the Order, as well as delivery costs (including transportation, delivery, and postal fees) and other costs, and if the amount of these fees cannot be determined, the obligation to pay them, is communicated to the Customer on the Online Store website when placing the Order, including when the Customer expresses their intention to be bound by the Sales Agreement.

    5. The procedure for concluding a Sales Agreement in the Online Store using the Order Form.

    6. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the email referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.

  4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

    1. Payment by transfer to the Seller's bank account.

    2. Electronic payments and payments by Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro payment card via the PayU SA service – possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://poland.payu.com/ .

      1. PayU, a Prosus company
        Payments and Financial Services for Growth Markets
        PayU S.A. with its registered office in Poznań, 60-166 Poznań, at 186 Grunwaldzka Street, a national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Entrepreneurs maintained by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000274399, with the share capital of PLN 7 789 000.00, fully paid up, and the Tax Identification Number (NIP): 779-23-08-495, REGON 300523444.

      1. Electronic payment and payment card transactions are settled according to the Customer's choice via the PayU service. Electronic payments and payment cards are handled by:

    3. PayPo deferred payments via the PayPo.pl website (GTR Finance Sp. z o. o. with its registered office in Warsaw, ul. Rostafińskich 4 (02-593 Warsaw), entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the KRS number 0000575158, with the share capital of PLN 502,000, Tax Identification Number (NIP): 521-37-05-997, Regon: 362485126, website address: https://paypo.pl/ ).

    1. If the Customer chooses payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

    2. The Seller provides the Customer with the following payment methods under the Sales Agreement:

    3. Maturity:

  5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT

    1. Courier delivery

    2. Parcel locker shipment

    1. If the Customer chooses payment by bank transfer, deferred payment via PayPo, electronic payments or payment by card - from the date of crediting the Seller's bank account or settlement account.

    2. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the delivery information tab and during the Order placement process, including when the Customer expresses their willingness to be bound by the Sales Agreement.

    3. The Seller provides the Customer with the following methods of delivery or collection of the Product:

    4. The delivery time for the Product to the Customer is up to 10 business days, unless a shorter period is specified in the Product description or when placing the Order. For Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 14 business days. The beginning of the delivery time for the Product to the Customer is calculated as follows:

6. COMPLIANCE OF THE GOODS WITH THE CONTRACT

1. The goods are in conformity with the contract if, in particular, the following are in conformity with the contract:

1) description, type, quantity, quality, completeness and functionality,

2) suitability for a specific purpose for which it is required by the consumer, about which the consumer informed the entrepreneur at the latest at the time of conclusion of the contract and which the entrepreneur accepted.

2. Furthermore, in order to be considered as compliant with the contract, the goods must:

1) be suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practice;

2) be present in such quantity and have such characteristics, including durability and safety, as are typical for goods of this type and which the consumer may reasonably expect, taking into account the nature of the goods and the public assurances given by the trader, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the trader proves that:

and) he was not aware of the public assurance given and, judging reasonably, could not have known about it,

b) before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was provided, or in a comparable manner,

c) the public assurance had no influence on the consumer's decision to conclude the contract;

3) be supplied with the packaging, accessories and instructions that the consumer may reasonably expect to be provided;

4) be of the same quality as the sample or model that the trader made available to the consumer before concluding the contract and correspond to the description of such sample or model.

3. The Seller shall not be liable for the lack of conformity of the goods with the contract to the extent referred to in paragraph 2 if the consumer, at the latest at the time of conclusion of the contract, was clearly informed that a specific feature of the goods deviates from the requirements of conformity with the contract specified in paragraph 2 and has expressly and separately accepted the lack of a specific feature of the goods.

4. The entrepreneur is liable for any lack of conformity of the goods with the contract that exists at the time of delivery and is discovered within two years of that date, unless the goods' shelf life, as determined by the entrepreneur, their legal predecessors, or persons acting on their behalf, is longer. Any lack of conformity that becomes apparent within two years of delivery is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption is inconsistent with the nature of the goods or the nature of the lack of conformity.

5. The entrepreneur cannot invoke the expiry of the time limit for determining the lack of conformity of the goods with the contract specified in paragraph 1 if he fraudulently concealed this lack.

 

 

  1. NON-CONFORMITY OF THE GOODS WITH THE CONTRACT
    DOWNLOADABLE COMPLAINT FORM

First claim:

1. If the goods do not conform to the contract, the consumer may first request that they be repaired or replaced.

2. The seller may replace the goods if the consumer requests a repair, or the trader may repair the goods if the consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the trader. If repair and replacement are impossible or would require excessive costs for the trader, the trader may refuse to bring the goods into conformity with the contract.

3. When assessing the excessive costs for the seller, all circumstances of the case are taken into account, in particular the significance of the lack of conformity of the goods with the contract, the value of the goods in conformity with the contract and excessive inconvenience to the consumer resulting from the change in the method of bringing the goods into conformity with the contract.

4. The seller will repair or replace the goods within 14 calendar days of the consumer notifying the seller of the lack of conformity, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. Failure to respond within this timeframe will automatically result in the complaint being accepted. The costs of repair or replacement, including, in particular, postage, shipping, labor, and materials, are borne by the seller.

5. The consumer provides the trader with goods subject to repair or replacement. The trader collects the goods from the consumer at its own expense.

 

Inability to satisfy the first claim:

6. If the goods are inconsistent with the contract, the consumer may submit a declaration of price reduction or withdrawal from the contract when:

1) the entrepreneur refused to bring the goods into conformity with the contract pursuant to point 7, paragraph 2,

2) the entrepreneur did not bring the goods into conformity with the contract in accordance with paragraph 7, paragraphs 4 and 5,

3) the lack of conformity of the goods with the contract persists even though the trader has tried to bring the goods into conformity with the contract;

4) the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures referred to as the "first claim",

5) it is clear from the trader's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.

7. The reduced price must be in such proportion to the price resulting from the contract that the value of the goods that are inconsistent with the contract is in proportion to the value of the goods that are consistent with the contract.

8. The Seller shall refund to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's declaration of price reduction.

9. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. It is presumed that the lack of conformity of the goods with the contract is material.

10. If the lack of conformity with the contract concerns only some of the goods delivered under the contract, the consumer may withdraw from the contract only in relation to those goods, and also in relation to other goods acquired by the consumer together with the non-conforming goods if the consumer cannot reasonably be expected to agree to retain only the goods that are in conformity with the contract.

11. In the event of withdrawal from the contract, the consumer must immediately return the goods to the seller at the seller's expense. The seller will refund the consumer the purchase price immediately, no later than 14 days from the date of receipt of the goods or proof of their return.

12. The Seller shall refund the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for him.

13. The regulations specified in points 6 and 7 do not apply to sales agreements concluded with entrepreneurs. The provisions of the Civil Code apply to entrepreneurs.

14. A complaint may be submitted by the Customer, for example:

  1. by mail to the following address: Sans Sp. z o. o. with its registered office in Warsaw, ul. Drewniana 9/15, 00-348 Warsaw ;

  2. by sending the completed complaint form available on the store's website by e-mail to: kontakt@sans.com.pl ;

  3. We would like to inform you that we consider complaints within 14 calendar days;

  4. If we do not respond to the complaint within 14 days, it means that we have accepted the complaint;

  5. we provide the consumer with a response to the complaint on paper or another durable medium (e-mail); 

8. PRICE REDUCEMENT

  1. When informing about a reduction in the price of a product, in addition to information about the reduced price, we will also display information about the lowest price of that product that was valid in the period of 30 days before the introduction of the reduction.

  2. If a given product or service is offered for sale for a period of less than 30 days, in addition to information about the reduced price, we will also display information about the lowest price of that product or service that was valid in the period from the date of offering that product or service for sale until the date of introduction of the discount.

  3. The above does not apply to reductions:

- personalized, e.g. for subscribing to a newsletter, receiving a discount voucher for subsequent purchases, for a birthday, etc.,

- in connection with joining the loyalty program.

 

9. OPINION VERIFICATION

 

1. The Online Store Customer has the opportunity to voluntarily and free of charge submit an opinion regarding purchases made in this Online Store.

The subject of the opinion may also be a rating, photo or review of a product purchased in the Online Store.

2. After making a purchase in the Online Store, the Seller sends the Customer an email requesting a review and a link to an online form enabling the submission of a review. The online form allows the Customer to answer the Seller's questions regarding the purchase, rate it, add their own review description, and provide a photo of the purchased product. If a review is not submitted after receiving the initial invitation to submit a review, the Seller will resend the invitation.

3. An opinion may only be submitted by a Customer who has made a purchase in the Seller's Online Store.

4. Opinions submitted by the Customer are published by the Seller in the Online Store.

5. The Customer may not use the opinion provided for any illegal activities,

in particular, to actions constituting an act of unfair competition towards the Seller,

or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties.

6. A review can only be submitted for products actually purchased in the Seller's Online Store. Entering into fictitious/sham sales agreements is prohibited.

for the purpose of issuing an opinion. The author of the opinion cannot be the Seller or its employees, regardless of the basis of employment.

7. An opinion may be deleted by its author at any time.

8. The seller publishes both positive and negative reviews.

9. Negative reviews are verified in the same manner as positive reviews to ensure their authenticity. The seller verifies reviews by verifying that they refer to actual purchased products. Reviews can only be submitted by customers who have made a purchase in the online store and received an invitation to leave a review. Each review is moderated for compliance with the store's terms and conditions and business ethics.

 

10. OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

  1. Detailed information on the possibility for a Customer who is a consumer to use extrajudicial methods of settling complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php .

  2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.

  3. The consumer has the following examples of possibilities of using out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/ ); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the Seller's place of business); and (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (helpline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charges according to your operator's tariff).

  4. At http://ec.europa.eu/consumers/odr

  5. There is a platform for online dispute resolution between consumers and businesses at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales or service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php ).

11. RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The Sans.com.pll online store accepts withdrawal from the sales contract for purchased goods in accordance with the currently applicable law.

  2. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days of receiving the goods without giving any reason.

  3. The deadline for withdrawal from the contract expires after 14 days from the day on which you came into possession of the last item or on which a third party or a person other than the carrier and indicated by you came into possession of the last item.

  4. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract using the withdrawal form template provided below, but this is not obligatory. To exercise your right of withdrawal, you must inform us [Sans.com.pl, ul. Drewniana 9/15, 00-345 Warsaw, email: kontakt@sans.com.pl] of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). If you submit the withdrawal form by email, we will immediately send you a confirmation of receipt of your withdrawal by email.

Please send the goods to the following address:

Sans Sp. z o. o.

ul. S. Jaracza 3/38,

00-378 Warsaw

DOWNLOAD RETURN FORM -> CLICK HERE

  1. The Customer is obligated to return the Goods to the Seller immediately, but no later than 14 days from the date on which they withdrew from the Sales Agreement. To meet this deadline, it is sufficient to return the Goods to the Seller's address before the deadline expires.

  2. The Customer is liable for any reduction in the value of the Goods resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

  3. If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.

  4. We may withhold reimbursement until we receive the goods or until you provide us with proof that you have sent back the goods, whichever comes first.

  5. Please send back or hand over the goods to us immediately, and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period.

  6. Please ensure that the product is packaged and sent to the Seller in such a way that the product is not damaged during transport.

  7. We also ask that you use the product only to determine its nature, characteristics, and functionality. Please try not to stain the product with foundation or antiperspirant.

  8. In the event of withdrawal from the Sales Agreement, it is considered not to have been concluded.

  9. The Buyer bears the cost of returning the goods. In the event of withdrawal, the Customer bears only the direct cost of returning the goods.

  10. A sample withdrawal form template is included in Annex 2 to the Consumer Rights Act and is also available in Section 11 of the Terms and Conditions and on the Online Store's website in the withdrawal tab. Consumers may, but are not required to, use this template. They may withdraw from the contract in other ways, for example, by sending an email. However, we ask that you use our returns form, which will facilitate the withdrawal process.

    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 provision that after the Seller has fulfilled the service, the consumer 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 expiry of the withdrawal period; (3) in which the subject of the provision is a non-prefabricated Product, manufactured according to the consumer’s specifications or intended to meet their individual needs; (4) in which the subject of the provision is a Product that spoils quickly or has a short shelf life; (5) in which the subject of the provision is a Product delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery; (6) in which the subject of the provision are Products that, due to their nature, are inseparably combined with other things after delivery; (7) where the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) where the consumer has expressly requested 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 supplies Products other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or Products; (9) where the subject of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the provision of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period and after the Seller has informed the consumer of the loss of the right to withdraw from the contract.

    1. 1. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

 

12. PROVISIONS RELATING TO ENTREPRENEURS

  1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.

  2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a consumer.

  3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

  4. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product occurring from the time it is accepted for transport until its release to the Customer, or for any delay in shipment.

  5. If the Product is shipped to the Customer via a carrier, the Customer who is not a consumer is obligated to inspect the shipment within the time and manner customary for shipments of this type. If the Customer determines that the Product has been lost or damaged during transportation, the Customer is obligated to take all necessary actions to determine the carrier's liability.

  6. In the case of Service Users who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating the reasons by sending an appropriate declaration to the Service User.

  7. The Service Provider/Seller's liability towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the price paid and delivery costs under the Sales Agreement, but not to more than one thousand Polish zloty. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time the contract is concluded, and is not liable towards a Service Recipient/Customer who is not a consumer for lost profits.

  8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

13. FINAL PROVISIONS

  1. Contracts concluded via the Online Store are concluded in Polish.

  2. Changes to the Regulations:

    1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.

    2. If contracts of a continuing nature are concluded under these Terms and Conditions, the amended Terms and Conditions are binding on the Service User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the Service User has been properly notified of the changes and has not terminated the contract within 14 calendar days of notification. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Service User who is a consumer has the right to withdraw from the contract.

    3. In the event of concluding contracts other than continuous contracts (e.g. Sales Agreement) under these Regulations, amendments to the Regulations will not in any way infringe the rights acquired by Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular, amendments to the Regulations will not affect Orders already placed or submitted or Sales Agreements concluded, executed or performed.

  1. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws of 2000 No. 22, item 271, as amended) and the Act on specific terms and conditions of consumer sales and amending the Civil Code of 27 July 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law; for agreements concluded after January 1, 2023, in relation to customers who are consumers, the provisions introduced in accordance with the Act of November 4, 2022 amending the Act on Consumer Rights, the Civil Code Act and the Act - Private International Law and the Act of December 1, 2022 amending the Act on Consumer Rights and certain other acts shall apply.

14. SAMPLE WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)


Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee: Sans Sp z o. o ., address: Drewniana 9/15, 03-450 Warsaw, sans.com.pl, kontakt@sans.come.pl

– I/We(*) hereby inform you about my/our withdrawal from the contract of sale of the following items(*), contract for the supply of the following items(*), contract for specific work consisting in the performance of the following items(*)/contract for the provision of the following service(*)

 

– Date of conclusion of the contract(*)/acceptance(*)

– Name and surname of the consumer(s)

– Address of consumer(s)

– Signature of the consumer(s) (only if the form is sent in paper form)

– Date

(*) Delete as appropriate.