RETURN POLICY

  1. The right to withdraw from the Agreement
  1. The consumer who has concluded a distance agreement can withdraw from sales agreement within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in VIII.12 and VIII.16 of these Regulations. To keep the deadline, it is sufficient for the Consumer to make a statement of the Seller before it expires.
  2. The statement of withdrawal from the agreement may be submitted to the Seller’s address or e-mail address: avgear@avgear.shop. The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1).
  3. The course of time for withdrawal from the Sales Agreement shall commence a) on the date on which the Product was taken by the Consumer or by a third party designated by him/her other than the carrier and in the case of a Sale Agreement, which: (1) includes a great number of Products that are delivered separately, in batches or in parts, since acquiring possession of the last Product, a batch or part, or (2) is based on regular delivering Products for a fixed period of time – since acquiring possession of the first of the Products; b) for other agreements – from the date of conclusion of the contract.
  4. Upon receipt of the statement of withdrawal from the Agreement by the Consumer, the Seller will send to the Consumer’s e-mail address a confirmation of receipt of the statement of withdrawal from the Agreement.
  5. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded.
  6. The Seller is obliged immediately, but not later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the agreement, to return to the consumer all payments made by him, including the costs of delivery of the Product. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
  7. The provisions of paragraph 6 do not apply to additional costs resulting from the method of delivery of products chosen by the consumer other than the cheapest usual delivery method available in AVGEAR.
  8. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.
  9. The purchased Products should be returned to the following address: Łukasz Wójcik, ul. Szlachecka 10/6, 60-685 Poznań , Poland
  10. The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. 
  11. The Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first, unless the Seller himself offered to collect the Product from the consumer. 
  12. The Seller may also withhold from the refund payment to be made by him to the Consumer in case the value of the product was reduced according to point (10).
  13. The consumer bears the direct costs of returning the Product.  If the consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method available in the AVGEAR, the Seller is not obliged to refund the additional costs incurred by the consumer.
  14. In the event of withdrawal from the contract for the delivery of the Product – digital content or digital service – the Seller from the date of receipt of the consumer’s statement of withdrawal from the agreement may not use content other than personal data provided or created by the consumer during the use of the Product – digital content or digital service – provided by the Seller, except for content that:
    1. is only useful in relation to the digital content or digital service which was the subject of the contract;
    2. relate exclusively to the consumer’s activity when using the digital content or digital service which was the subject of the contract;
    3. have been combined by the trader with other data and cannot be disconnected without undue difficulty;
    4. they have been made jointly by the consumer with other consumers who can still benefit from them.
  15. Except for the cases referred to above in paragraph 14 points (1 -3), the Seller, at the consumer’s request, provides him with content other than personal data that has been provided or created by the consumer in the course of using digital content or a digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user’s account, which does not affect the consumer’s rights referred to in the previous sentence. The consumer has the right to retrieve the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
  16. In the event of withdrawal from the contract for the supply of the Product – digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
  17. With regard to Product – a service the performance of which – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, considering the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided.
  18. The right to withdraw from a distance agreement is not entitled to the Consumer in relation to contracts:
  1. for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract, and took note of it;
  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 deadline to withdraw from the contract;
  3. in which the subject of the service is a Product – movable item (including movable item with digital elements) – non-prefabricated, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
  4. in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – subject to rapid deterioration or having a short shelf life;
  5. in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
  6. in which the subject of the service are Products – movable items (including movable items with digital elements) – which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements;
  7. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control;
  8. in which the consumer expressly demanded 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 provides Products – movable items (including movable items with digital elements), other than spare parts necessary to perform repair or maintenance, the right to withdraw from the contract is entitled to the consumer in relation to additional services or Products;
  9. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery;
  10. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
  11. concluded by way of a public auction;
  12. for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of the service;
  13. for the delivery of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller began the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract, and took note of it, and the Seller provided the consumer with the confirmation referred to in Article 15 paragraph 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act;
  14. for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
  1. The provisions concerning the consumer shall apply to sole traders who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them. To determine whether a sole trader has, in particular circumstances, consumer rights, it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG-only in Poland).
  1. Complaints
  1. This section of the Terms and Conditions defines the complaint handling procedure for all complaints submitted to the Seller for contracts concluded from 1 January 2023.
  2. In the event of non-compliance of the Product with the sales agreements, the provisions set out in the Consumer Rights Act (Chapter 5A) apply to consumers.
  3. Complaints should be sent to the following address: Łukasz Wójcik, ul. Szlachecka 10/6, 60-685 Poznań , Poland
  4. The Seller undertakes to process each complaint immediately, no later than within 14 calendar days from the date of its receipt.
  5. If the product is not in conformity with the contract, the consumer may request its repair or replacement. The Seller shall carry out repair or replacement within a reasonable time after being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer considering the specificity of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
  6. The Consumer makes available to the Seller a product subject to repair or replacement. The Seller collects the products from the consumer at his own expense. The Consumer is not obliged to pay for the normal use of the products which have subsequently been replaced.
  7. If the product is not in conformity with the contract, the consumer may make a statement on price reduction or withdrawal from the contract when:
  1. the seller refused to bring the product into conformity with the contract in accordance with the Consumer Rights Act.
  2. the seller has not brought the product into conformity with the contract in accordance with the Consumer Rights Act.
  3. the lack of conformity of the product with the contract persists even though the seller has tried to bring the product into conformity.
  4. the lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of protection measures specified in the Consumer Rights Act.
  5. It is clear from the seller’s declaration or circumstances that he will not bring the products into conformity within a reasonable time or without undue inconvenience to the consumer.
  1. The reduced price must be in proportion to the contract price in which the value of the non-conforming product remains in relation to the value of the product in conformity.
  2. The Seller shall return 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 statement on the price reduction.
  3. In the event of withdrawal from the contract, the Consumer immediately returns the products to the Seller at his expense. The Seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
  4. The Consumer may not withdraw from the contract if the lack of conformity of the product with the contract is irrelevant. The lack of conformity of a product with the contract shall be presumed to be material.
  5. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular circumstances indicating the non-compliance of the Product with the Sales Agreement; (2) request repairs or replacement, or statement of price reduction, or withdrawal from the Sales Agreement in the cases indicated in the Consumer Rights Act and (3) the claimant’s contact information. The requirements given in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommendation.
  6. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint.
  7. The Seller is liable for non-compliance of the Product with the Sales Agreement if the non-compliance of the Product with the Sales Agreement existed at the time of its delivery and was revealed within two years from the date of delivery of the Product to the Consumer.
  8. The Consumer may use the guarantee if it was granted by the producer. The guarantee period may vary according to different products or producers.
  9. The provisions concerning the consumer shall apply to sole traders who conducts business activity concluding a contract directly related to their business activity, where it is apparent from such agreements that they do not have professional character for them. To determine whether a sole trader has, in particular circumstances, consumer rights, it is necessary to verify the professional nature of the agreement, especially on the basis of information recorded in the Central Registration and Information on Business (CEIDG-only in Poland).
  10. The Seller complies with the provisions of Chapter 5B of the Consumer Rights Act in the scope of contracts for the supply of digital content or digital service. The Seller shall be liable for any lack of conformity with the contract of the digital content or digital service supplied on a continuous basis which occurred or became apparent at the time when the contract was intended to supply it. That period shall not be less than two years from the time of delivery of the products with digital elements. The lack of conformity of the digital content or digital service shall be presumed to have occurred at that time if it became apparent at that time.