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Return of goods
RIGHT OF WITHDRAWAL:
The Cabinet Regulation No 255 on distance contracts states that the customer has the right to withdraw from the contract within 14 calendar days and return the goods to the seller.
The aim of the Cabinet Regulation on distance contracts is to protect consumers from internet purchases where, when ordering a product, the consumer cannot ensure before purchase that the chosen product fully meets the consumer's requirements.
The Consumer Rights Protection Act states that the consumer is responsible for maintaining the quality and safety of the product during the period of exercise of the right of withdrawal.
The period for exercising the right of withdrawal is 14 days:
- from the date of delivery - if ordered;
- from the last day of delivery - if the order includes more than one item;
- from the date of delivery of the last batch or part of the goods, if delivery is by batch or part;
- from the date of the first delivery of the goods - if the contract provides for regular delivery.
Exercise of the right of withdrawal:
- Exercising the right of withdrawal means "notifying" the trader of your withdrawal, i.e. giving or sending a "notice of withdrawal" to the trader.
- To notify the withdrawal, the consumer may use a "withdrawal form" provided by the trader and completed by the consumer, or another "notice of withdrawal" presented or expressed in free form
- The consumer can send the "notice of withdrawal" by post or in person.
- If the consumer agrees, a form on the trader's website can be used to send the 'cancellation notice'.
- The right of withdrawal has been exercised if the "notice of withdrawal" is sent or lodged within the time limit for exercising the right of withdrawal.
- Evidence that the right of withdrawal has been exercised can be found, for example, in documents confirming the postage or in the trader's representative's acknowledgement of receipt of the "notice of withdrawal".
- The trader is obliged to provide, deliver or otherwise make available to consumers a "withdrawal form".
- The consumer has the burden of proving the exercise of the right of withdrawal (sending or submitting the "notice of withdrawal" within the time limit), so it is advisable to make the "notice of withdrawal" in writing, requesting, receiving and preserving evidence.
- The legislation provides for cases in which the right of withdrawal cannot be exercised.
Consequences of exercising the right of withdrawal:
- Termination of contracts - the distance contract and any ancillary contracts relating to it are terminated.
- Goods delivered - the consumer delivers or sends the goods to the trader within 14 days of the date on which the "notice of withdrawal" was sent or lodged.
- IMPORTANT - to avoid disputes - if the goods are returned via a 3rd party (for example: courier service), please take a photo of the goods together with the completed refusal form, so that in the event that the courier service delivers the goods with obvious physical defects (broken), it would be possible to provide visual confirmation that the goods were sent without defects.
- Payements made by the consumer - the trader refunds to the consumer, within 14 days of receipt of the 'notice of cancellation', all payments made for the order, except for the amount exceeding the 'normal' delivery costs offered by the trader.
- The trader is entitled to withhold reimbursement to the consumer until receipt of the goods or proof of dispatch.
The consumer's right to use the purchased product during the exercise of the right of withdrawal:
- Right to inspect the goods - the consumer has the right to use the goods in order to ascertain their characteristics and nature and to inspect them in a way that does not diminish their value.
- Consumer responsibility - the consumer is liable for the depreciation of the value of the goods or their use contrary to good faith if, during the exercise of the right of withdrawal, the goods have been used beyond the limits necessary to ascertain and verify their nature and characteristics.
- The use of the goods to ascertain and test their characteristics and nature shall be carried out to the extent that it would be possible to do so in the shop.
Remember! During the right of withdrawal period, the consumer has the right to use the product as long as it is necessary to check the product (as much as could be done before buying the product in a normal shop). When exercising the right of withdrawal, the consumer is liable for using the product beyond the purpose for which it was intended, for using the product during the withdrawal period in a way that is incompatible with the principle of good faith, and for any loss in value, quality and safety of the product.
Please note that if Anete.lv finds that the returned goods have lost their value, it will file a claim in court to cover the damages incurred by Anete.lv as a result of the consumer's actions.
You may exercise your right of withdrawal and unilaterally withdraw from the contract within 14 days, subject to:
- the cost of delivery of the goods other than the cheapest standard delivery offered by Anete.lv;
- the direct costs of returning the goods, unless Anete.lv has agreed to cover these costs or has not informed you that you are liable for the costs;
- depreciation of the good if it has been used for a purpose other than ascertaining the nature, characteristics and performance of the good, as evidenced by diagnostics carried out by the good manufacturer's authorised repairer. You shall not be liable for the depreciation of the value of the goods if Anete.lv has not informed you of the right of withdrawal in accordance with the procedure established by the laws and regulations governing consumer protection;
The consumer cannot exercise the right of withdrawal:
You cannot exercise your right of withdrawal in a distance contract (unless you have agreed otherwise with the seller):
where the customer has placed a special order, as a result of which the item is specially made for the customer or has to be specially/separately ordered for the customer (not in stock and there are no plans to replenish the company's stock with the item);
- if you have bought an audio or video recording or a computer program and opened its packaging;
- if you are supplied with newspapers, periodicals and magazines;
- if you have concluded the contract at a public auction;
- if you are supplied with goods that are perishable or about to expire;
- if you enter into a contract for accommodation (other than a contract for the rental of accommodation), carriage of goods, hire of vehicles, catering or entertainment to be provided on a specific date and time (e.g. concert tickets, air tickets, organising a birthday party);
- if you buy things that are made to your specifications or goods that are clearly personalised (e.g. bespoke furniture);
- where the price of the goods or services purchased depends on financial market fluctuations beyond the seller's control;
- if you enter into a contract for the provision of a service and the performance of the service with your consent has started before the end of the 14-day period and you have confirmed that you will lose your right of withdrawal from the date on which the contract for the provision of the service is fully performed;
- if you have opened the packaging of a product that cannot be returned for health and hygiene reasons;
- if you have bought an item which, because of its characteristics, is irretrievably mixed up with other items after delivery;
- if you have a contract for the supply of an alcoholic drink, which can be made after 30 days, and you have already agreed on the price at the time of the contract, but its value is subject to market fluctuations;
- if you have called for urgent repairs or maintenance, the right of withdrawal applies only to additional services or goods other than spare parts needed to carry out the repairs or maintenance scheduled;
- if you have entered into a contract for the supply of digital content that is not delivered on a durable medium and the supply of the digital content has started with your consent and acknowledgement of your right of withdrawal.
For legal persons:
1) Please note that according to the Consumer Rights Protection Law and the Cabinet of Ministers Regulation No 255 on distance contracts, a legal entity is not a Consumer and is not subject to the "right of withdrawal" (unless the parties have mutually agreed beforehand);
2) In the event of any non-conformity, damage or defect of the goods, the Seller must be informed immediately (within a maximum of 2 working days of receipt of the goods) and the goods must be returned to the Seller's point of dispatch within a maximum of 3 working days, failing which the Customer shall be deemed to have received the goods in faultless condition.
