Withdrawal from the contract – information and model form

Content: Withdrawal from the contract – information and model form

Draft – requires legal review before publication. Items marked “to be completed” will be filled in once confirmed by the Seller.

This English version is provided for customers using the English version of the website. [to be completed: whether contracts are concluded in English and which language version prevails – any clause giving priority to the Polish version requires legal review with regard to consumers.]

This information applies to distance contracts concluded on the AutomaizeIT website by consumers and sole traders with consumer rights (natural persons running a sole proprietorship for whom the contract is not of a professional nature – Article 38a of the Polish Consumer Rights Act). Businesses concluding a contract as part of their professional activity do not have a right of withdrawal.

1. Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day the contract was concluded (the day the order was placed).

2. How to withdraw

To exercise the right of withdrawal, you must inform us – [to be completed: full legal business name], [to be completed: registered address], e-mail kontakt@automaizeit.com – of your decision by an unequivocal statement. You can do this:

1. online – via the withdrawal function (the “Withdraw from contract” link in the footer of every page): enter the order number, the e-mail address used for the order, your name and the statement; you will see a confirmation on screen and receive it by e-mail;
2. by e-mail to kontakt@automaizeit.com or in writing to the address above.

You may use the model withdrawal form in point 7, but it is not obligatory. To meet the withdrawal deadline, it is sufficient to send your statement before the period expires. We will promptly confirm receipt on a durable medium (e-mail).

3. Effects of withdrawal

• We will reimburse all payments received from you without undue delay and in any event no later than 14 days from the day we receive your statement.
• We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
• After withdrawing, please refrain from using the application and do not make it available to third parties.

4. When the right of withdrawal ceases to apply

For digital content supplied without a tangible medium (a licence key and a downloadable file), the right of withdrawal ceases to apply only where all three of the following conditions are met (Article 38(1)(13) of the Polish Consumer Rights Act; Article 16(m) of Directive 2011/83/EU):

1. you expressly requested that the supply of the digital content begin before the 14-day period expired – you give this consent in step 1 of the order, in a separate statement that is not pre-ticked;
2. you were informed that you would lose the right of withdrawal once the performance had been completed, and you acknowledged this – this is a second, separate statement in step 1 of the order;
3. we provided you with a confirmation of the contract on a durable medium – an e-mail with the terms of sale, the withdrawal information and the model form attached (not merely a link to a web page).

We send the confirmation before we release the licence key and the download link. If any of these conditions is not met – for example you do not make the statements, or the confirmation does not reach you – your right to withdraw within 14 days remains in force.

If you do not make the statements in points 1 and 2, we will begin supplying the application after 14 days from the conclusion of the contract, and until then you may withdraw without giving a reason.

5. When you can still ask for a refund

Losing the right of withdrawal does not take away your rights arising from a lack of conformity of the digital content with the contract (Articles 43h–43q of the Consumer Rights Act). You may require the application to be brought into conformity with the contract and, as provided by law, ask for a price reduction or withdraw from the contract, in particular where:

• the licence key is faulty, will not activate, or the download link does not work – and we fail to provide a working key or link;
• our licence server or licence verification service is unavailable and the application will not run the licensed functions;
• we fail to provide the announced updates, including security updates, within the declared period;
• the application does not match its description, technical requirements, declared functionality, compatibility or interoperability – including where a technical limitation was not disclosed to you before purchase.

You may also terminate a subscription within 30 days if we modify the application in a way that materially and adversely affects your access to it or your use of it (Articles 43p and 43q of the Consumer Rights Act). Details: Terms of sale, § 13 and § 14.

6. When the refund is proportionate

A refund of the full price is due where you withdraw within 14 days (where the right of withdrawal applies to you) or where you withdraw because of a lack of conformity affecting the whole performance – for example the application was never supplied or could not be run at all.

A proportionate refund – that is, the part of the price corresponding to the period during which the application was not working in conformity with the contract – is due for subscriptions where:

• we reduce the price because of a lack of conformity during part of the prepaid period;
• you withdraw from the subscription contract – we then demand no payment for the time during which the application was not in conformity with the contract;
• you terminate the subscription after a material and adverse modification of the application;
• you rely on our voluntary commitment under § 12(9) of the Terms of sale (withdrawal from a first subscription within 14 days).

The proportionate refund is calculated as: price of the prepaid period × number of days of non-conformity ÷ number of days in the period, rounded in your favour. We present the calculation together with our reply to your complaint. The refund is paid within 14 days, using the same means of payment.

No refund is due where the application worked in conformity with the contract throughout the prepaid period and you simply do not renew the subscription or stop using it during the period – the prepaid period then runs to its end.

Cancelling subscription renewals (in your customer account or on the subscription page) is not a withdrawal from the contract – it only stops payment requests for future periods and entails no cost.

7. Model withdrawal form

(text based on Annex I(B) to Directive 2011/83/EU; complete and return this form only if you wish to withdraw from the contract)

• To: [to be completed: full legal business name], [to be completed: registered address], e-mail: kontakt@automaizeit.com
• 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.

In the contract field, it helps to state the application name, plan and the order number from the confirmation e-mail.

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Version 1.1 of 20 September 2026 – final version. The previous version 1.0 applied until 19 September 2026. Version 1.1 sets out the three conditions on which the right of withdrawal ceases to apply, the cases in which you can still ask for a refund, and the rules on proportionate refunds.