RETURN AND WITHDRAWAL POLICY
NESTROVIA RETURN AND WITHDRAWAL POLICY
1. The Statutory Right of Withdrawal
1.1. In accordance with Article 27 of the Polish Consumer Rights Act, a Consumer who has concluded a distance contract holds the right to withdraw from it without stating any reason within 14 calendar days.
1.2. The 14-day withdrawal period commences on the day the Consumer, or a designated third party other than the freight carrier, takes physical possession of the Product. For complex orders delivered in multiple batches, the period begins upon receipt of the final batch.
2. Digital Procedure for Exercising the Right of Withdrawal
2.1. To exercise the right of withdrawal, the Consumer must unequivocally inform the Seller (NEVQ, info@nestrovia.com) of their decision.
2.2. Alternatively, the Consumer may utilize the statutory model withdrawal form provided in Annex 2 of the Consumer Rights Act and email it to info@nestrovia.com, though this analog method is not strictly mandatory if the digital button is utilized.
3. Statutory Exceptions to the Right of Withdrawal (Article 38)
3.1. Pursuant to Article 38 Section 3 of the Polish Consumer Rights Act, the 14-day right of withdrawal from a distance contract is expressly and unconditionally excluded for contracts concerning non-prefabricated goods manufactured to the Consumer's exact specifications or intended to satisfy the Consumer's individualized needs.
3.2. Application to Nestrovia's Inventory: Any upholstered furniture, cabinetry, or interior decor that is custom-built, modified to specific dimensions requested by the client, or upholstered in a fabric specifically selected by the consumer from a digital or physical swatch book, is legally classified as non-prefabricated. These bespoke items cannot be returned under the statutory withdrawal right. The Customer is explicitly warned of this exclusion on the applicable Product configuration pages prior to checkout.
4. Financial Obligations, Logistics, and Estimated Costs of Return
4.1. In the event of a valid withdrawal for eligible, non-custom goods, the contract is considered null and void. The Consumer is legally obliged to return the Product to the Seller immediately, and in any event not later than 14 days from the day on which they communicated their withdrawal.
4.2. Direct Costs of Return: The Consumer bears the direct cost of returning the goods (i.e., professional packaging, securing the load, and freight shipping costs).
4.3. Mandatory Estimate for Bulky Goods: In strict accordance with consumer information obligations under EU and Polish law, the Seller informs the Consumer that due to their immense dimensions and weight, upholstered furniture and large interior items cannot normally be returned by standard postal systems.
5. Refund Mechanics and Payment Gateway Constraints
5.1. The Seller will refund all payments received from the Consumer for the returned items, including the initial costs of standard delivery, without undue delay and no later than 14 days from the day the Seller is informed of the withdrawal.
5.2. The Seller holds the legal right to withhold the refund until the physical Product has been received back at the designated warehouse and inspected for damages, or the Consumer has supplied verifiable, cryptographic evidence of having sent back the goods, whichever is the earliest. 5.3. Refunds shall be processed using the exact same payment methodology the Consumer utilized for the initial transaction, processed securely via the Stripe platform.
5.4. Specific Payment Network Constraints: Consumers must acknowledge the following temporal constraints dictated by the underlying payment networks, which the Seller cannot override:
6. Liability for Diminished Value
6.1. The Consumer is financially liable for any diminished value of the goods resulting from the handling of the goods other than what is strictly necessary to establish the nature, characteristics, and functioning of the goods. Assembling flat-pack furniture, installing hardware, or removing protective industrial upholstery sealing beyond what is required for basic visual inspection will result in a proportional monetary deduction from the refunded amount, reflecting the loss of "new" status.
1. The Statutory Right of Withdrawal
1.1. In accordance with Article 27 of the Polish Consumer Rights Act, a Consumer who has concluded a distance contract holds the right to withdraw from it without stating any reason within 14 calendar days.
1.2. The 14-day withdrawal period commences on the day the Consumer, or a designated third party other than the freight carrier, takes physical possession of the Product. For complex orders delivered in multiple batches, the period begins upon receipt of the final batch.
2. Digital Procedure for Exercising the Right of Withdrawal
2.1. To exercise the right of withdrawal, the Consumer must unequivocally inform the Seller (NEVQ, info@nestrovia.com) of their decision.
2.2. Alternatively, the Consumer may utilize the statutory model withdrawal form provided in Annex 2 of the Consumer Rights Act and email it to info@nestrovia.com, though this analog method is not strictly mandatory if the digital button is utilized.
3. Statutory Exceptions to the Right of Withdrawal (Article 38)
3.1. Pursuant to Article 38 Section 3 of the Polish Consumer Rights Act, the 14-day right of withdrawal from a distance contract is expressly and unconditionally excluded for contracts concerning non-prefabricated goods manufactured to the Consumer's exact specifications or intended to satisfy the Consumer's individualized needs.
3.2. Application to Nestrovia's Inventory: Any upholstered furniture, cabinetry, or interior decor that is custom-built, modified to specific dimensions requested by the client, or upholstered in a fabric specifically selected by the consumer from a digital or physical swatch book, is legally classified as non-prefabricated. These bespoke items cannot be returned under the statutory withdrawal right. The Customer is explicitly warned of this exclusion on the applicable Product configuration pages prior to checkout.
4. Financial Obligations, Logistics, and Estimated Costs of Return
4.1. In the event of a valid withdrawal for eligible, non-custom goods, the contract is considered null and void. The Consumer is legally obliged to return the Product to the Seller immediately, and in any event not later than 14 days from the day on which they communicated their withdrawal.
4.2. Direct Costs of Return: The Consumer bears the direct cost of returning the goods (i.e., professional packaging, securing the load, and freight shipping costs).
4.3. Mandatory Estimate for Bulky Goods: In strict accordance with consumer information obligations under EU and Polish law, the Seller informs the Consumer that due to their immense dimensions and weight, upholstered furniture and large interior items cannot normally be returned by standard postal systems.
- The estimated maximum cost of returning such bulky goods via a specialized furniture freight forwarding service within the territory of Poland is estimated at a maximum of PLN 600.
- The estimated maximum cost of returning bulky goods via cross-border freight within the broader European Union is estimated at a maximum of €350 (or PLN 1,500).
- These figures represent the maximum estimated financial liability the Consumer will incur for utilizing private freight carriers to execute a return.
5. Refund Mechanics and Payment Gateway Constraints
5.1. The Seller will refund all payments received from the Consumer for the returned items, including the initial costs of standard delivery, without undue delay and no later than 14 days from the day the Seller is informed of the withdrawal.
5.2. The Seller holds the legal right to withhold the refund until the physical Product has been received back at the designated warehouse and inspected for damages, or the Consumer has supplied verifiable, cryptographic evidence of having sent back the goods, whichever is the earliest. 5.3. Refunds shall be processed using the exact same payment methodology the Consumer utilized for the initial transaction, processed securely via the Stripe platform.
5.4. Specific Payment Network Constraints: Consumers must acknowledge the following temporal constraints dictated by the underlying payment networks, which the Seller cannot override:
- Pix (Brazil): Refunds can only be initiated within 90 days of the original transaction date.
- MB WAY (Portugal): Refunds can be initiated up to 365 days post-transaction, supporting partial refunds for split orders.
- Wero / iDEAL: Bank redirect refunds are credited directly back to the originating bank account. In the event of network processing delays, Wero may require up to 5-10 business days for the funds to reflect in the Consumer's ledger.
- Klarna: For Buy Now Pay Later (BNPL) transactions, Klarna will automatically recalculate the Consumer's outstanding payment schedule or refund previously paid installments directly to the Consumer upon API notification of the return by the Seller. 5.5. Processing Fees: While the Consumer receives a full refund of their purchase price, the Consumer acknowledges that the Seller absorbs a total financial loss regarding the non-refundable Stripe processing fees associated with the original transaction.
6. Liability for Diminished Value
6.1. The Consumer is financially liable for any diminished value of the goods resulting from the handling of the goods other than what is strictly necessary to establish the nature, characteristics, and functioning of the goods. Assembling flat-pack furniture, installing hardware, or removing protective industrial upholstery sealing beyond what is required for basic visual inspection will result in a proportional monetary deduction from the refunded amount, reflecting the loss of "new" status.
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