MASMI
Return form
Returns
Withdrawal from the contract – return form
- A Consumer who has concluded a distance Sales Agreement may withdraw from it within 14 days without giving any reason. If the Consumer withdraws from a distance Sales Agreement, the agreement is considered not to have been concluded.
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Exclusion from the right of return and exchange: Intimate hygiene products such as period underwear, pads, liners, tampons, menstrual cups, etc., cannot be returned or exchanged once the packaging has been opened. Legal basis: pursuant to Art. 38 of the Consumer Rights Act of 30.05.2014 and EU Directive 2011/83 of 25.10.2011:
The right to withdraw from a contract concluded off-premises or at a distance does not apply to a consumer in relation to a contract where the subject of the performance is goods supplied in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery.
- The right to withdraw from the contract under the rules set out in paragraphs 6 and 7 of these Terms and Conditions is also granted to a sole proprietor. Wherever paragraphs 6 and 7 of these Terms and Conditions refer to the Consumer, this shall also be understood to include a sole proprietor.
- If the Consumer withdraws from the agreement, they only bear the direct cost of returning the Goods.
- The Consumer’s declaration must clearly express their intention to withdraw from the contract; in particular, the Consumer may:
- withdraw from the contract using the withdrawal form attached as Annex No. 2 – by sending it to the Seller’s registered office address.
- The Seller shall promptly confirm on a Durable medium that it has received the declaration of withdrawal submitted in the manner indicated in items 1 and 2.
- To meet the deadline, it is sufficient to send a statement before it expires.
- The withdrawal period begins to run:
- for a contract under which the Seller delivers an item and is obliged to transfer its ownership – from the moment the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Goods, and in the case of a contract which:
- covers multiple items delivered separately, in batches or in parts – from the moment of taking possession of the last item, batch or part;
- provides for regular delivery of items over a fixed period – from the moment of taking possession of the first item;
- for all other contracts – from the date the contract is concluded.
- for a contract under which the Seller delivers an item and is obliged to transfer its ownership – from the moment the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Goods, and in the case of a contract which:
- The withdrawal declaration form (Annex No. 2 to these Terms and Conditions) and information on exercising the right of withdrawal (Annex No. 1 to these Terms and Conditions) are provided in electronic form.
- In the event of withdrawal from a contract for the supply of Digital Content or a Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by blocking the Consumer’s access to the Digital Content or Digital Service.
- In the event of withdrawal from a Contract for the supply of Digital Content or a Digital Service, the Consumer is obliged to stop using this Digital Content or Digital Service and to stop making it available to third parties.
- The right to withdraw from a distance Sales Agreement does not apply to the contracts listed in Article 38 of the Act of 30.05.2014 (Journal of Laws of 2019, item 134) on consumer rights, including, among others, contracts:
- for the provision of services for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the Consumer’s explicit prior consent, and the Consumer was informed before the service began that once the service was fully performed by the Seller, they would lose the right to withdraw from the contract, and they acknowledged this;
- in which the price or remuneration depends on fluctuations in the financial market that are beyond the entrepreneur’s control and which may occur before the withdrawal period expires;
- where the subject of the performance is a non‑prefabricated item, manufactured according to the Consumer’s specifications or serving to meet their individual needs;
- where the subject of the performance is an item delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery;
- where the subject of the performance is audio or visual recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
- for the supply of Digital Content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller has begun performance with the Consumer’s explicit prior consent, and the Consumer was informed before the performance began that once the performance was completed by the Seller, they would lose the right to withdraw from the contract, and they acknowledged this;
- where the subject of the performance is an item that is liable to deteriorate rapidly or has a short shelf life, and where the subject of the performance is items which, after delivery, by their nature, are inseparably mixed with other items;
- for the supply of newspapers, periodicals or magazines, except for subscription contracts;
- concluded at a public auction;
- for the provision of accommodation services other than for residential purposes, the transport of goods, car rental, catering or services related to leisure activities, entertainment, sports or cultural events, if the contract specifies a specific date or period of performance;
- where the subject of the performance is alcoholic beverages, the price of which was agreed upon at the time of concluding the sales contract, the delivery of which can only take place after 30 days and whose value depends on market fluctuations beyond the entrepreneur’s control;
The rules and conditions for returns can be found in point 6 of the terms and conditions available here. Open intimate hygiene products are not eligible for return.