Liability | Withdrawal from the contract

A Customer who is a Consumer (Consumer) may withdraw from the sales agreement for the purchased Product without giving a reason by submitting a statement in writing or via e-mail, within 14 days from the date of receipt of the shipment with the Product. To meet this deadline, it is sufficient to send the statement before its expiry. For this purpose, the Consumer may use the template statement available in point XXIII of the Regulations. The statement of withdrawal from the Agreement should be sent by e-mail to hello@lonvegity-at-home.com
The declaration is sent by the Customer via e-mail to the Seller's e-mail address: hello@longevity-at-home.com. In the event of withdrawal from the contract, the Customer, who is a Consumer, should return the Product at his/her own expense immediately after submitting the declaration of withdrawal from the Contract, but no later than 14 days from the date on which he/she withdrew from the contract. Submitting the declaration of withdrawal and returning the Product may take place simultaneously. The Product should be returned to the Seller's address: Longevity Products Sp. Z oo, ul. Belwederska 9, 00-761 Warsaw. Cash on delivery will not be accepted. The Seller will refund the payment using the same method of payment that the Consumer used - unless the Consumer has expressly agreed to a different method of refund
In the event of effective withdrawal from the Agreement, the Seller shall return to the Consumer all payments made by him, including the costs of delivering the Product. The costs of returning the Product shall be borne by the Consumer.
The Customer is responsible for reducing the value of the Product, the Customer's liability is of a compensatory nature. The scope of this liability is determined based on a comparison of the value of the new Product with the value of the returned Product, calculated according to the degree of wear and tear. The Customer is responsible for reducing the value of the item resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item. The right to use the Product before withdrawal is limited to the possibility of familiarizing oneself with the purchased Product, allowing for determining its nature, characteristics and functionality only in the way that the Customer could do in a stationary store.
The right to withdraw from the contract does not apply to entities conducting business activities (except where the provisions on Consumers apply accordingly to such entities), including professional activities, which, as part of this activity and for its needs, make a purchase directly related to this activity in the Online Store.
The deadline for submitting (sending) a declaration of withdrawal from the contract specified in art. 10 sec. 1 of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product runs from the moment of delivery of the item to the Customer, and in the case of provision of a service - from the date of conclusion of the contract.
After the Customer withdraws from the contract, the Service Provider returns the Buyer's payment immediately - but no later than within 14 days of receiving the return or providing the Customer with clear proof of sending back the Product, depending on which event occurs first. The Price is refunded using the payment method used by the Customer when purchasing the Product. In order to make the refund, the Seller has the right to request the Customer to provide a bank account number for the refund. The cost of sending back the Product is borne by the Customer.
The right to withdraw from the contract does not apply to the Consumer or to a person to whom we apply the provisions accordingly in relation to contracts:

a) 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 commencement of the provision that after the entrepreneur has provided the service, the Consumer will lose the right to withdraw from the contract, and has acknowledged this, in particular in the case of Products with digital elements after their launch/delivery by the Seller;

b) the price or remuneration of which depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires;

c) the subject of which is a non-prefabricated Product, manufactured according to the Consumer’s specifications or intended to meet his individual needs;

d) the subject of which is a Product that spoils quickly or has a short shelf life;

e) the subject of which is the provision of goods delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

f) the subject of which are Products which, after delivery, due to their nature, are inseparably connected with other items;

g) when the Consumer has requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies goods other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or goods;

h) the subject of which is the provision of Products delivered in a sealed package, if the package has been opened after delivery;

i) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;

j) concluded through public auction;

k) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service;

l) for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, the Consumer will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the Consumer with confirmation,

m) for the provision of services for which the Consumer is obliged to pay the price, in the case of which the Consumer has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the Consumer.
With regard to Consumers - the Product is in compliance with the contract if, in particular, the following elements are in compliance with the contract:

a) description, type, quantity, quality, completeness and functionality and, in relation to goods with digital elements, also compatibility, interoperability and availability of updates;

b) suitability for a specific purpose for which it is required by the consumer, about which the consumer informed the entrepreneur at the latest at the time of conclusion of the contract and which the entrepreneur accepted.
In addition, in order to be considered compliant with the contract, the Product must:

(a) be suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practice;

b) be in such quantity and have such features, including durability and safety, and in relation to goods with digital elements - also functionality and compatibility, as are typical for goods of this type and which the consumer may reasonably expect, taking into account the nature of the goods and the public assurance given by the trader, his legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the trader proves that: he was not aware of the public assurance in question and, judging reasonably, could not have been aware of it; before the conclusion of the contract, the public assurance was corrected in the terms and form in which the public assurance was given, or in a comparable manner; the public assurance had no influence on the consumer's decision to conclude the contract; was supplied with packaging, accessories and instructions that the consumer may reasonably expect to be provided; was of the same quality as the sample or model that the trader made available to the consumer before the conclusion of the contract and corresponded to the description of such sample or model.
For Products with digital elements, the provisions of the Regulations, to the extent not regulated above, shall apply accordingly. Due to the nature of services containing Audiovisual Materials, which are provided at the request of the Customer, in the case of an Agreement concluded remotely, the Seller shall commence the provision of such a service after receiving from the Customer an express consent to commence the provision before the expiry of the withdrawal period. The declaration covering the above consent is submitted by the Customer when registering on the Website.
The Seller shall not be liable for the lack of conformity of the Products with the contract to the extent that the Seller has expressly informed the Consumer at the latest at the time of conclusion of the contract that a specific feature of the goods deviates from the requirements of conformity with the contract and the Consumer has expressly and separately accepted the lack of a specific feature of the goods.
The Seller shall be liable to the Consumers for the lack of conformity of the Products with the contract existing at the time of its delivery and revealed within two years from that time, unless the Product's shelf life is longer. In relation to Products with digital elements, the Seller shall be liable for the lack of conformity with the contract of digital content or digital services supplied continuously, which occurred or became apparent at the time when they were to be delivered according to the contract. This period is two years from the time of delivery of the Product with digital elements.
If the Product is not in accordance with the contract, the Consumer may request its repair or replacement. The Seller will repair or replace it within a reasonable time from the moment the Consumer has informed him of the lack of conformity with the contract, and without excessive inconvenience to the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer acquired it.
If the product is not in conformity with the contract, the Consumer may submit a declaration of a price reduction or withdrawal from the contract if the Product has not been brought into conformity with the contract, the lack of conformity occurs despite attempts to bring it into conformity with the contract and is significant enough to justify a price reduction.
In particular, the Product's non-conformity with the Agreement does not result from the difference between the Product's photo placed in the Store and its actual appearance, where such difference is the result of natural processes or objective circumstances, such as the lighting of the Product, differences resulting from different settings or hardware capabilities of the devices (or computer programs) used by the Customer, the exposure of the Product against a specific background, the Consumer's unjustified idea of the Product's size, etc.
The regulations of individual Promotions may provide for special provisions in relation to these Regulations regarding the principles of withdrawal from the Contract concluded at a distance.
If the Consumer has chosen a method of delivery of the Products other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
The Consumer is liable for any reduction in the value of the returned Products resulting from their use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Seller reserves the right to seek compensation from the Consumer to the extent permitted by applicable law.
In the event of damage, dirt, or other visible consequences of using or opening the Product, the Customer loses the right to withdraw from the Agreement. The Seller has the right not to accept the return, and in the event of accepting such a return, the Customer will be charged the appropriate cost of restoring the Product to a condition that allows it to be re-sold.
The Customer bears only the direct costs of returning the Product to the Seller. The Seller may, as part of a promotional campaign or a special offer, under the terms and conditions specified in separate regulations, offer the Consumer to collect the returned Goods, by the Seller from the Consumer.
Return of Goods purchased as part of a Promotion, in which the condition for granting a discount was the purchase of more than one Good, means withdrawal from the Promotion and is possible only on condition of returning all Goods, the combined purchase of which entitled to participate in the Promotion. In the event that one of the Goods purchased as part of the Promotion described above is a Good that is not subject to return in accordance with Article 38 of the Consumer Rights Act, the return of Goods covered by the Promotion is not possible.

Download the sample withdrawal form

Liability | Withdrawal from the contract | Returns