Withdrawal from the sales contract

  1. Pursuant to the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827), a Buyer who is a Consumer has the right to withdraw from the contract of sale without giving reasons, within 14 calendar days from the date of delivery of the goods, i.e. taking possession of the product by the Consumer. To meet the deadline it is sufficient to send a statement before the deadline (in addition, please notify us of your desire to return the goods before the deadline at the following email address: sybaris.antiqart@gmail.com or by phone at tel. +(48) 787030847.
  2. The right of withdrawal does not apply to the Customer in the cases referred to in Article 38 of the Law of May 30, 2014 on Consumer Rights, and in particular to contracts:

1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, that after the performance of the entrepreneur will lose the right to withdraw from the contract;

2) in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;

3) in which the subject of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs;

  • Therefore, we kindly ask you to take into account that paintings, sculptures, drawings, due to their uniqueness and uniqueness are individual objects.
  • Works of art prepared, for example, framed according to the wishes of the buyer are not returnable.
  • We encourage you to view the objects in person and ask you to buy thoughtfully.

4) in which the subject of performance are things that, after delivery, due to their nature, become inseparable from other things;

(…)

8) in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things;

9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;

10) for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;

11) concluded through a public auction;

(…)

13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal.

3 . The consumer has the right to withdraw from the contract without cost, except:

  1. a) additional costs incurred by the Consumer in connection with the choice of a method of delivery of the goods other than the cheapest ordinary means of delivery offered by the Seller.
  2. (b) the cost of insuring the return shipment corresponding to the value of the purchase and sending it as a protected shipment.
  3. (c) if the customer picked up the objects purchased at the Gallery in person and paid for them on delivery.
  1. Withdrawal is made by submitting a statement of withdrawal, in particular using a form, and sent through any channel of remote communication, including but not limited to:
  2. (a) by email, to sybaris.antiqart@gmail.com.
  3. b) in writing, to the address of Sybaris Old Art Gallery, Al. KEN 11, loc. 12B, 02-797 Warsaw.


Model (necessary content) of the withdrawal form:
a) Date:
b) First and last name of the Consumer:
c) Address of the Consumer:
d) Statement/information about withdrawal from the contract of sale of the following items:
e) Date of receipt of goods (from the carrier/pick-up point):
f) I request a refund to the bank account no:
g) I declare that I am aware of the conditions for returning the goods specified in the regulations of the Gallery.
h) Consumer’s signature (if the form is sent in hard copy)

  1. The Seller shall immediately send the Consumer a confirmation of receipt of the statement of intent to withdraw from the sales contract, to the e-mail address indicated by the Consumer.
  2. If the Consumer exercises the right to withdraw from the contract, the Consumer is obliged to return the goods to the Seller immediately, i.e. no later than within 2 days to the address of the Gallery. The Consumer may also return the goods by handing them over to a person authorized by the Seller for collection, while observing the aforementioned deadline. To meet the deadline it is sufficient to return the item before its expiration.
  3. The consumer shall bear the direct costs of returning the goods (shipping costs) with a view to choosing such a way that the goods reach the Seller in an undamaged condition.
  4. The consumer shall be liable for any diminution in the value of the thing resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
  5. The Seller, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, will return to the Consumer all payments made by him, including the cost of delivery of the item, subject to paragraph. 5. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.
  6. If the Seller has not offered to collect the item from the Consumer himself, he may withhold the refund of the payment received from the Consumer until he receives the item back or the Consumer provides proof of its return, whichever event occurs first.
  7. The seller does not accept shipments sent back cash on delivery.
  8. The object is not refundable if it has an exchanged, or modified setting at the request and to meet the individual needs of the Buyer, in accordance with the provisions of subsection 6.

The rules regarding complaints and out-of-court ways of handling complaints are described in the Terms of Service of Sybaris.