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Returns and Complaints
Right of withdrawal and Complaint
1. The Sales Agreement covers new digital Products.
2. The right to withdraw from a distance contract does not apply to the Consumer in relation to the Contract:
a. 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 service that after the Seller has performed the service, he will lose the right to withdraw from the Agreement,
b. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the withdrawal period and after the Seller informed him of the loss of the right to withdraw from the Contract.
3. In the event of a defect in goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
4. Complaints should be submitted electronically to the Seller's addresses provided in these Regulations. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request regarding the defect of the goods.
Exclusion of the right of withdrawal for digital content
1. Exclusion of the right of withdrawal: In the case of contracts for the supply of digital content that is not stored on a material medium (e.g. downloads, streaming), the right of withdrawal does not apply.
2. Conditions for Exclusion: For this exclusion to be lawful, two conditions must be met: The consumer has expressly consented to the commencement of the service provision before the expiry of the 14-day withdrawal period. The consumer has been expressly informed that upon commencement of the service provision, they lose their right to withdraw from the contract (see information in the shopping cart before payment).
3. Why is this? Once the digital content is delivered and the consumer begins using it, there is no possibility of "returning" this service – its nature means that once content is made available, it cannot be withdrawn or returned in the traditional sense. In exchange for immediate access to the content, the consumer agrees to waive their right of withdrawal.
Summary
The standard right of withdrawal from a Sales Agreement grants the Consumer the right to withdraw from the agreement within 14 days without having to give a reason – this mainly applies to traditional physical purchases .
The exclusion of the right of withdrawal from a sales contract applies to transactions involving digital content that is not physically delivered. In this case, if the consumer has consented to the immediate commencement of performance, they lose the right to withdraw from the contract because the content is already made available and, colloquially speaking, "consumed" at the moment of downloading or using it.
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