§7        Withdrawal from the contract

1)         The consumer has the right to recess from the contract with Seller mediated by Shop, with restriction to provision 8 of Rules and regulations, in term of 14 days without providing reasons.

2)         The term of recessing from the contract expires in 14 days from the day of:

•          Possessing the product or in which the third party possessed the last object in case of redirecting ownership of multi products, which were delivered separately.

•          Possessing the last ordered product or in which third party, not the delivery man himself but stated by customer possessed the last object in case of redirecting ownership of multi products, which were delivered separately.

3)         Recessing from the contract, the customer is obliged to inform Seller prior that action, using details included in point 2 of Rules and regulations e.g. written letter sent by post or email.

4)         Customer may use the template of the withdrawal form, which can be found at the end of the Rules and regulations, however, it is obligatory.

5)         To meet the deadline of recession from the contract, the customer should send information about taking the withdrawal action prior to the final date.

Withdrawal from contract - effects

6)         Should the customer recess from the contract, Seller is obliged to return all payments, including delivery costs forthwith (all additional costs regarding the special option of delivery, which differs from the cheapest delivery option), or no longer than 14 days from the day in which Seller was informed about the recession.

7)         Seller returns all costs by using the same option as customer chose to pay for products unless the customer agrees with a different option, in which customer is not obliged to cover additional costs regarding other payment option.

8)         Seller has the right to belay returning all cost until the customer returns the product or provides the proof of sending the product back to Seller.

9)         The customer should send the product back on the following address forthwith: 59 manor way Risca, Wales NP11 6aa

no longer than 14 days from the day of informing Seller about recession form the contract.

10)       The customer is obliged to cover all costs related to returning the product.

11. The consumer is liable only for the reduction of the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the good.

12. If due to its nature, the goods cannot be sent back via a normal mode of delivery by post, the consumer will also have to bear the direct cost of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.

13. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the Buyer's payment card.

14.   The Seller’s acceptance of the Buyer’s Order shall be effective only where the Seller provides the Buyer with an Order Acknowledgement signed by an authorised representative of the Seller. The Seller has the right to cancel the order and arrange a refund at any point up until dispatch of the goods.

§ 8 Exceptions on the right to withdraw from the agreement

1. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:

a. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs.

b. In which the object of the service is an item subject to rapid deterioration or having a short shelf-life.

c. In which the object of the service is an item 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.

d. In which the subject of the service is things that after delivery, due to their nature, are inseparably connected with other things.

e. In which the subject of the service are sound or visual recordings or computer software delivered in a sealed package if the packaging has been opened after delivery.

f. For the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.

g. In which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract.

h. For delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's explicit consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract.

 

§ 9 Complaints

1. In the event of a defect in the goods, the Buyer has the opportunity to advertise the defective goods on the basis of the warranty or guarantee provided in the Civil Code, if the guarantee has been granted.

2. Using the warranty, the Buyer may, on the terms and in the deadlines specified in the Civil Code:

a. Submit a price reduction statement

b. With a material defect - submit a statement of withdrawal from the contract

c. Demand for the replacement of things to be free of defects

d. Request removal of the defect

3. The Seller asks to submit a complaint based on the warranty to the postal address or electronic address indicated in § 2 of the Regulations.

4. If it turns out that in order to resolve the complaint, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver these goods, in the case of the Consumer at the Seller's cost, to the address of 59 manor way Risca, Wales NP11 6aa

 

5. If the product has been granted an additional warranty, information about it, as well as its terms, is available in the product description in the store.

6. Complaints regarding the operation of the Store should be directed to the e-mail address indicated in § 2 of the Regulations.

7. Consideration of the complaint by the Seller will take place within 14 days.

 

EXTRAORDINARY METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS

8. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others, from:

a. Mediation conducted by the competent regional inspectorate of the Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free.  

b. An assistance of the competent and permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration before the arbitral tribunal should be submitted. As a rule, the proceedings are free.  

c. Free help from the municipal or Consumer Ombudsman.

d. Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.

 

§ 10 Personal data

1. The administrator of personal data provided by the Buyer when using the Store is the Seller.

2. The Buyer's personal data are processed on the basis of a contract and for its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR). The detailed information regarding data processing by the Seller is included in the privacy policy posted in the Store.

 

§ 11 Disclaimers

1. It is prohibited to provide the Buyer with unlawful content.

2. Each order placed in the Store is a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for the purpose of the contract.

3. Contracts concluded on the basis of these Regulations shall be concluded in the English language.

4. None of the provisions of these Regulations excludes or limit the rights of the Consumer resulting from the provisions of law.

 

§ 12 Provisions concerning buyers non-consumers

1. The right to withdraw from a distance contract is not available to an entity other than the Consumer.

2. All liability of the Seller in relation to the Buyer who is not a Consumer is limited to the amount of the order placed by the Buyer.

3. The liability of the Seller under the warranty in relation to the Buyer who is not a Consumer is limited to one year from the release of the goods to the Buyer.

4. In the event of a possible dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the registered office of the Seller.

Annexe No. 1 to the Regulations

 

Below is a model withdrawal form from which the Consumer may or may not use:




 

MODEL FORM OF WITHDRAWING FROM THE AGREEMENT

(this form should be filled in and returned only if you wish to withdraw from the contract)

Postal address: 

JOKERS TATTOO LTD

59 manor way

Risca, Wales NP11 6aa

United Kingdom

E-mail address: shop@jokerstattoo.co.uk

Phone: +44 07754726221

- I ......................................................................... I hereby inform about my withdrawal from the sales contract of the following:

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- Date of receipt ................................................................................................ ......................................................................................................

 

- Name and surname of the Consumer (s) ............................................................................................ .........................................................................

 

- Consumer's Address (s) ............................................ .................................................. .................................................. ......................................

 

.................................................. .................................................. .................................................. .................................................. ............................

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Signature of the Consumer

(only if the form is sent in paper version)