9. WITHDRAWAL FROM AGREEMENT
1. Provisions in point 9 hereof shall apply as appropriate in the event that the Buyer is the Consumer unless other provisions hereof provide otherwise.
2. The Consumer has the right to withdraw from the contract of sale without giving any reason within 14 (fourteen) days as of the date of the receipt of the Product. If the right of withdrawal is exercised, the agreement shall be regarded as not concluded. Whatever the parties have furnished shall be returned unchanged, save when the change was necessary in the ordinary course of business, i.e. the Consumer shall handle the Product in a way that would allow it to be returned later, if necessary. The Consumer is liable for any possible diminished value of the goods, when this diminishing in value results from the handling of the goods in a way other than what is necessary to ascertain the nature, properties and functioning of the goods. Unchanged condition means, in particular, that the product has not been used but only tried on.
3. A statement of withdrawal from the contract should be submitted to the Seller in writing and delivered to beSmart’s address at: Besmart Design Sp. z o. o. Wspólna 1 street, 42-125 Libidza, Poland. depending on which of the companies was the relevant Seller. The template of the withdrawal form is enclosed as Annex no 1 herewith.
4. The returned Product shall be sent to the beSmart address within 14 (fourteen) days as of the date of submitting the statement regarding withdrawal from the agreement at the latest. The returned Product may be sent together with statement regarding withdrawal from the agreement. beSmart kindly asks to send the returned Product together with cash register receipt, if possible.
5. The payment made by the Consumer shall be refunded by beSmart within 14 (fourteen), subject to appropriate provisions of Act on Consumer Rights.
6. If the Buyer has made a money transfer the payment shall be refunded to the bank account specified by the Buyer or by postal order, depending on the Buyer's will.
7. beSmart shall not be held responsible for the failure to refund the payment or refund the payment on time, in the event that the Consumer, in spite of the request sent to their e-mail address, does not specify the bank account number to which the refund shall be made or does not submit all the details necessary to refund the payment.
8. beSmart shall not be held responsible for the failure to refund the payment or refund the payment on time, if it has occurred as a result of submitting incorrect personal data (name, surname, address) or an incorrect bank account number by the Buyer.
9. The payment made by the Buyer referred to in point 9.5 hereinabove shall be regarded as the price of the Product and delivery costs paid by them, with the stipulation that the Buyer shall be charged for the delivery costs paid with relation to the return of the Product to beSmart
10. Pursuant to article 38 of the Consumer Rights Act, the right of withdrawal does not apply if the contract was made for custom-tailored or personalised items manufactured according to the Consumer’s specification.
10. COMPLAINTS
1. The Seller is legally obliged to provide non-faulty Product. If the product is faulty, the Buyer shall have the right to lodge a complaint within 2 (two) years as of the date of Product delivery and 1 (one) year as of the date the fault was discovered.
2. The Buyer may demand the Product to be repaired, replaced for a faultless one, the price to be reduced or may withdraw from the sale agreement subject to rules set out in Civil Code. In such event, the Buyer shall return the Product to beSmart’s address: Besmart Design Sp. z o. o. Wspólna 1 street, 42-125 Libidza, Poland. The Product shall be returned with a purchase confirmation document (e.g. cash register receipt, VAT invoice, money transfer or payment confirmation) together with complaint description (Appendix no. 2 to the Terms and Conditions).
3. The decision on whether the complaint is recognized or rejected, as well as the method of dispute resolution, shall be passed on to the Buyer not longer than 14 (fourteen) days as of the date the complaint was lodged. The delivery costs that arise due to returning faulty Product (economical parcel) shall be reimbursed by the Seller after the complaint is recognized.
4. The repaired goods, the new goods or the refund shall be sent to the Buyer immediately and within 7 (seven) working days as of the date on which the Buyer has been informed about the decision regarding the lodged complaint. The delivery costs that arise due to returning faulty Product (economical parcel) shall be reimbursed by the Seller after the complaint is recognized under the procedure described in point 9.6-9.8 herein.
5. The differences in the appearance of the Product resulting from the screen settings of the Buyer, i.e. color, hue, shades or resolution shall not be deemed as reasonable grounds for complaint. In case of any doubts referring to the Product (e.g. dimensions, materials, etc.), the Buyer shall resolve them with the Seller before the order is placed.
6. If the Products are under the warranty of the producer or the distributor, the specific terms and conditions of the warranty as well as the duration shall be provided in the warranty document issued by the warrantor.
7. The warranty on the Product sold that constitutes a consumer good does not exclude, limit or suspend the Buyer’s rights arising from the non-conformity of the product with the contract as specified in points 10.1-10.7 herein. The Buyer's warranty rights and rights arising from the non-conformity of the product with the contract are not dependent on each other.
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