Documents

Right of withdrawal

A notice for consumers and for sole traders on consumer terms. For models painted to order the rules work differently than for ready-made stock — we say so plainly instead of hiding it in a footnote.

In force since [[PUBLICATION DATE]].

Who this applies to

This notice is addressed to consumers and to natural persons entering into a contract directly related to their business where the contract is not of a professional character for them (sole traders on consumer terms). Other buyers are governed by the rules in the Terms & Conditions.

The 14-day period

  1. You may withdraw from the contract within 14 days without giving a reason and without costs other than those set out below.
  2. The period runs from the day on which you take physical possession of the goods (you, or a third party you named other than the carrier).
  3. Where an order covers several items delivered separately, the period runs from taking possession of the last of them.
  4. To meet the deadline it is enough to send your statement before the period expires.

When the right of withdrawal does not apply

There is no right of withdrawal for models and sets made or painted TO ORDER — to your brief, in a colour scheme you chose, or personalised. This follows from Article 16(c) of Directive 2011/83/EU, implemented in Poland as Article 38(3) of the Consumer Rights Act, which excludes withdrawal for goods made to the consumer's specification or clearly personalised.

The reason is practical: a model painted in your scheme, or bearing your chapter markings, cannot go back on the shelf — it is one of a kind and nobody else will buy it. That is why we agree the scope, price and lead time of such work with you BEFORE accepting the job, and confirm it by e-mail.

We tell you that an item is made to order before you place the order — in the product description and in what we agree by e-mail. If you were not told, we treat the item as ready-made stock and you have the full right of withdrawal.

The right of withdrawal applies normally to ready-made stock from our catalogue — unpainted models, terrain sets and pre-painted pieces offered to every customer in the same form. The mere fact that an item is handmade does not take away the right of withdrawal.

The right also does not apply in the other cases listed in Article 38 of the Consumer Rights Act, in particular for sealed goods which are not suitable for return after opening for health protection or hygiene reasons.

How to withdraw

  1. Make an unambiguous statement — by e-mail to [[E-MAIL ADDRESS]] or in writing to the registered address given in the Terms & Conditions.
  2. You may use the model form below, but you do not have to. Any unambiguous statement will do.
  3. You do not have to give a reason.
  4. We confirm receipt of your statement promptly, on a durable medium (e-mail).

Returning the goods

  1. Send the goods back promptly, and no later than 14 days from the day of withdrawal. Sending them before that deadline is enough.
  2. You bear the direct cost of returning the goods. The estimated cost depends on the carrier you choose and the size of the parcel.
  3. Please pack models so they survive transport — the parts are fragile. The original packaging is safest, but using it is not a condition of accepting the return.
  4. You are liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning. Inspecting and examining a model — as you would in a shop — does not diminish its value. Gluing, priming or painting a model goes beyond that and may reduce the amount refunded.

Effects of withdrawal

  1. The contract is treated as never concluded.
  2. We refund all payments received from you, including the cost of delivery, promptly and no later than 14 days from receiving your statement of withdrawal.
  3. We refund the cost of the least expensive standard delivery we offer. If you chose a more expensive method, we do not refund the difference.
  4. We may withhold the refund until we receive the goods back, or until you supply evidence of having sent them back — whichever happens first.
  5. We refund using the same means of payment you used, unless you expressly agree otherwise. You bear no fees as a result of the refund.

Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract. It follows Annex I(B) to Directive 2011/83/EU.

To: Wiralio, [[REGISTERED ADDRESS]], [[E-MAIL ADDRESS]]

— I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*) / for the provision of the following service(*):

…………………………………………………………………………………………………

— Ordered on(*) / received on(*): ……………………………

— Name of consumer(s): ……………………………

— Address of consumer(s): ……………………………

— Signature of consumer(s) (only if this form is notified on paper): ……………………………

— Date: ……………………………

(*) Delete as appropriate.

Document version of [[PUBLICATION DATE]].