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Right of withdrawal

The Consumer has the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period expires after 14 days from the day on which the Consumer has taken possession of the item or on which a third party other than the carrier and indicated by the Consumer has taken possession of the item.
To exercise the right of withdrawal, the Seller must be informed: HEMAR Family Sp. z o.o. Sp.k. with its registered office in Wola Hankowska, 12 Dworska Street, 42-233 Mykanów, fax (+48) 34 3287036, e-mail: hemar@hemar.com.pl of your decision to withdraw from the contract by an unequivocal statement (letter sent by post, fax or e-mail).
Sending a statement concerning the exercise of your right of withdrawal before the expiry of the withdrawal period shall be sufficient to meet the withdrawal deadline.

Effects of withdrawal

In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded.
The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he or she has withdrawn from the contract. In order to meet the deadline it is sufficient to send the item back before its expiry.
The consumer shall send back the items being the subject of the contract from which he has withdrawn at his own cost and risk.
The consumer shall not bear the costs of supplying digital content which is not recorded on a tangible medium, if the consumer has not consented to the performance before the expiry of the deadline for withdrawal or has not been informed of the loss of his right of withdrawal at the time of giving such consent or the trader has not provided confirmation in accordance with Articles 15 (1) and 21 (1) of the Consumer Rights Act.
The consumer shall be liable for any diminution in the value of the item resulting from the use of the item other than what was necessary to ascertain the nature, characteristics and functioning of the item.
The Seller shall be obliged to return all payments received from the Consumer, including the costs of delivering the thing promptly, and in any case no later than 14 days from the day on which it was informed of the Consumer's decision to exercise the right of withdrawal.
The Seller shall not be obliged to reimburse the Consumer for the additional costs of sending the goods if the Consumer has chosen a method of delivery other than the cheapest ordinary means of delivery offered by the Seller.
Reimbursement shall be made using the same means of payment as those used in the original transaction, unless the Consumer expressly agrees otherwise; in any event, the Consumer shall not incur any fees related to the reimbursement.
The Seller shall have the right to withhold reimbursement until he has received the item or until he has provided evidence of its return, whichever event occurs first.
The consumer shall have no right of withdrawal:
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 expiry of the withdrawal period;
in which the object of the performance is a non-refabricated item produced to the consumer's specifications or serving to meet his individual needs;
in which the object of the performance is an item that is liable to deteriorate or has a short shelf life;
in which the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
where the object of the performance is the provision of goods which, by their nature, are inseparable from other goods after delivery;
where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;
for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the period for withdrawal and after the trader has informed the consumer of the loss of the right of withdrawal;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
Return of goods should be made to the following address: HEMAR Family Sp. z o.o. Sp.k. with its registered office in Wola Hankowska, 12 Dworska St., 42-233 Mykanów, immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiry of the 14-day period.

Warranty

The seller is obliged and undertakes to provide service and deliver items free of defects. Please be informed that the colour layout of the toys may differ from the pictures.The Seller, on the basis of Article 558§1 of the Civil Code, completely excludes liability for physical and legal defects to Buyers who are not Consumers (warranty).The Seller shall be liable to the Consumer under the terms of Article 556 of the Civil Code et seq. for defects (warranty).In the case of a contract with a Consumer, if a physical defect is found before the lapse of a year from the moment of issuing the item, it is assumed that the defect existed at the moment when the danger passed to the Consumer.If the sold thing has a defect, the Consumer may:
make a declaration requesting a price reduction;
make a declaration to withdraw from the contract;
unless the Seller immediately and without excessive inconvenience for the Consumer replaces the defective thing with a thing free from defects or removes the defect. However, if the thing has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the thing with a defect-free one or to remove the defect, the Consumer shall not be entitled to replace the thing or remove the defect. The Consumer may, instead of rectification of the defect proposed by the Seller, demand replacement of the item with a defect-free item or demand rectification of the defect instead of replacement of the item, unless bringing the item to conformity with the agreement in a manner selected by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, while assessing the excessive costs, the value of a defect-free item, type and significance of the defect found, as well as inconvenience to which other manner of satisfaction would expose the Consumer, shall be taken into consideration.The consumer may not withdraw from the contract if the defect is immaterial.
If the sold thing has a defect, the consumer may also:demand that the item be replaced with a defect-free item;demand that the defect be removed.The Seller is obliged to replace the defective thing with a defect-free one or remove the defect within 30 days without excessive inconvenience for the Consumer.The Seller may refuse to satisfy the Consumer's request if bringing the defective thing to conformity with the contract in the manner chosen by the Consumer is impossible or in comparison with the other possible manner of bringing it to conformity with the contract would require excessive costs.If the defective thing has been assembled, the Consumer may demand from the Seller to disassemble and reassemble it after the replacement with a defect-free one or removal of the defect, however, the Consumer is obliged to bear a part of related costs exceeding the price of the sold thing or may demand from the Seller to pay a part of the costs of disassembly and reassembly, up to the amount of the price of the sold thing. If the Seller fails to perform the obligation, the Consumer is entitled to perform these actions at the Seller's expense and risk. The costs of replacement or repair shall be borne by the Seller, with the exception of the situation described in para. 11 par. 8.The Seller is obliged to accept the defective item from the Consumer in case of replacing the item with a defect-free one or withdrawing from the contract.The Seller shall respond within fourteen days to:a statement requesting a price reduction;a request to withdraw from the contract;
a request to replace the item with a defect-free item;
a request for defect removal.
Otherwise, he shall be deemed to have acknowledged the Consumer's statement or demand as legitimate.The Seller shall be liable under the warranty if a physical defect is discovered before the expiry of two years from the moment the thing is handed over to the Consumer, and if the object of sale is a used thing before the expiry of one year from the moment the thing is handed over to the Consumer.
The Consumer's claim to rectify the defect or replace the sold item with a defect-free item shall become time-barred after one year, counting from the day the defect was found, however not earlier than before the lapse of two years from the moment the item was handed over to the Consumer, and if the subject of the sale is a used item before the lapse of one year from the moment the item was handed over to the Consumer.
In the event that the shelf life of the item specified by the Seller or the manufacturer expires after the lapse of two years from the moment of delivery of the item to the Consumer, the Seller shall be liable under warranty for any physical defects of the item found before the lapse of this period. 
Within the deadlines set out in para. 8 par. 16-18 the Consumer may submit a statement of withdrawal from the contract or reduction of the price due to a physical defect of the thing sold, and if the Consumer has demanded replacement of the thing for a defect-free one or removal of the defect, the course of the deadline for submitting a statement of withdrawal from the contract or reduction of the price shall commence upon ineffective expiry of the deadline for replacement of the thing or removal of the defect.
If one of the rights under the warranty is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be suspended until the proceedings are legally concluded. The same applies to mediation proceedings, whereby the time limit for the exercise of other warranty rights to which the Consumer is entitled begins to run from the date of the court's refusal to approve the settlement reached before mediation or the ineffective termination of mediation.For the exercise of warranty rights for legal defects of the thing sold, par. 8 par. 16-17, except that the time limit begins to run from the date on which the Consumer became aware of the existence of the defect, and if the Consumer only became aware of the existence of the defect as a result of an action by a third party - from the date on which the ruling issued in the dispute with the third party became final.
If, due to a defect in the goods, the Consumer has made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by entering into the contract without knowing of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of entering into the contract, the costs of collection, carriage, storage and insurance of the goods, reimbursement of the expenses made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the duty to compensate for damage under the general rules.
The expiry of the required period for ascertaining the defect shall not exclude the exercise of warranty rights if the seller has fraudulently concealed the defect.
The Seller shall, insofar as he is obliged to provide a service or financial performance to the Consumer, perform it without undue delay, but no later than within the period prescribed by law.