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Refund and Cancellation Policy

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On this page
  1. § 1. General provisions
  2. § 2. Right of withdrawal
  3. § 3. How to withdraw
  4. § 4. Request to start performance before the withdrawal period expires
  5. § 5. Effects of withdrawal
  6. § 6. Withdrawal by a Trader with consumer rights
  7. § 7. Lack of conformity of the Service with the Contract
  8. § 8. Cancelling a Subscription
  9. § 9. Refunds made by the Payment Operator
  10. § 10. Model withdrawal form

Provider: ADAM MISIAK, Brzozowa 5, Brzoza, Poland · Email: support@qesto.app

§ 1. General provisions

  1. This Refund and Cancellation Policy forms an integral part of the Terms of Service. Capitalised terms have the meaning given to them in the Terms of Service.
  2. The provisions on the right of withdrawal apply to Consumers and Traders with consumer rights.
  3. This Policy sets out: the statutory right of withdrawal (§§ 2-6), remedies for a lack of conformity of the Service with the Contract (§ 7), cancellation of a Subscription (§ 8) and refunds made by the Payment Operator (§ 9). None of its provisions limits the User's rights under the law.
  4. The version number and effective date are shown with the text of this document.

§ 2. Right of withdrawal

  1. A Consumer may withdraw from the Contract for a Paid Plan - a monthly Subscription, an annual Subscription or Lifetime - within 14 days of its conclusion, without giving any reason and without incurring costs, subject to § 4.
  2. The period referred to in paragraph 1 runs from the date the Contract is concluded, that is the date the Payment Operator confirms the payment.
  3. The Provider does not exclude the right of withdrawal. The exception in Article 38(1)(1) of the Polish Consumer Rights Act applies only where the Service has been fully performed, which in the case of a Paid Plan does not occur before the withdrawal period expires.

§ 3. How to withdraw

  1. A withdrawal statement may be made:
    1. in the App - in Settings, in the "Plan & billing" section, using the function labelled "Withdraw from contract here" and then the "Confirm withdrawal" button; the function is available throughout the period in which the right of withdrawal applies;
    2. by email to support@qesto.app or in writing to the Provider's address - in any form, including using the model form in § 10.
  2. The statement does not need to give reasons. Sending the statement before the period expires is sufficient to meet the deadline.
  3. The Provider sends the Consumer, without delay and on a Durable medium, an acknowledgement of receipt of the withdrawal statement containing its content and the date and time it was made.

§ 4. Request to start performance before the withdrawal period expires

  1. Before payment, the Consumer makes an express request for performance of the Service to start before the withdrawal period expires. The request is recorded with the transaction data and repeated in the confirmation of the Contract.
  2. Making the request does not deprive the Consumer of the right of withdrawal. A Consumer who withdraws from a Subscription after making the request must pay an amount proportionate to the performance provided up to the moment they informed the Provider of the withdrawal (Article 35 of the Polish Consumer Rights Act). That amount is calculated as the Subscription price divided by the number of days in the Billing Period, multiplied by the number of days, or parts of days, of use of the Paid Plan.
  3. On withdrawal from a Lifetime Contract, the Provider refunds the full amount paid, without deductions.
  4. On withdrawal before access to the Paid Plan is activated, the Provider refunds the full amount paid.

§ 5. Effects of withdrawal

  1. Once the withdrawal statement is made, the Provider:
    1. records the statement with the Contract data and sends the acknowledgement referred to in § 3(3);
    2. turns off renewal of the Subscription to which the withdrawal relates.
  2. Upon withdrawal, the Provider is entitled to end access to the Paid Plan to which the withdrawal relates.
  3. The Provider refunds the amount due without delay and in any event within 14 days of receiving the withdrawal statement.
  4. The refund is made through the Payment Operator, using the same means of payment as the Consumer used, unless the Consumer has expressly agreed to another means of refund that involves no costs for them.
  5. After withdrawal, the Account and User Content remain available within the scope of the Free Plan.

§ 6. Withdrawal by a Trader with consumer rights

§§ 2-5 apply to a Trader with consumer rights. The Provider does not make the exercise of the right of withdrawal dependent on whether or not the User has a tax ID (NIP).

§ 7. Lack of conformity of the Service with the Contract

  1. Independently of the right of withdrawal, a Consumer and a Trader with consumer rights have the remedies for a lack of conformity of the Service with the Contract set out in Chapter 5b of the Polish Consumer Rights Act: to require the Service to be brought into conformity and, where that is impossible or would involve disproportionate costs, or where the Provider has failed to bring the Service into conformity, a price reduction or withdrawal from the Contract.
  2. These remedies are not limited by the period referred to in § 2(1). The Provider is liable for any lack of conformity that occurs or becomes apparent during the period in which the Service is to be supplied under the Contract.
  3. Complaints are handled under § 14 of the Terms of Service.

§ 8. Cancelling a Subscription

  1. Cancelling a Subscription and withdrawing from the Contract are separate rights. Withdrawal is available within the period referred to in § 2(1) and results in a refund under § 5. Cancellation is available at any time and stops the Subscription from renewing.
  2. A Subscription may be cancelled in the App, in Settings, in the "Plan & billing" section, or through the Payment Operator's billing portal.
  3. Cancellation takes effect at the end of the current Billing Period; until then the User keeps access to the Paid Plan.
  4. Subject to the User's rights under the law and to § 16(3) and § 18(5) and (6) of the Terms of Service, cancelling a Subscription does not entitle the User to a refund of the fee for the current Billing Period.
  5. Lifetime is not subject to renewal or to cancellation within the meaning of paragraphs 1-4.

§ 9. Refunds made by the Payment Operator

  1. The Payment Operator, which sells in its own name, may under its own terms refund a payment, including within 60 days of the payment, independently of the Provider's decision, and handles disputes concerning the payment transaction itself.
  2. The User's rights against the Payment Operator do not limit the User's rights against the Provider under the Terms of Service and the law.
  3. Matters concerning the charge itself (payment confirmation, an unrecognised charge, a card dispute) may be raised with the Payment Operator through the payment confirmation received from it, or with the Provider at support@qesto.app. In the case of an unrecognised charge, the Provider recommends contacting it before initiating a chargeback; this does not limit the User's rights against the issuer of the payment instrument.

§ 10. Model withdrawal form

The model form is set out in Annex 2 to the Polish Consumer Rights Act. Its use is not mandatory.

(complete and return this form only if you wish to withdraw from the contract)

To: ADAM MISIAK, Brzozowa 5, Brzoza, Poland, support@qesto.app

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

……………………………………………………………………………………

Concluded 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.