Notice of withdrawal from the contract (with the model form)

Content of the document

Notice of the right of withdrawal from the lesson agreement

§ 1. What this document is

1.1. This document applies to every lesson agreement concluded in the Ximly service (hereinafter: the "Platform"), because you conclude the lesson agreement at a distance. We publish it on ximly.app; at present the Platform does not deliver it at booking or at the acceptance of an invitation — the consequences are described in § 8.2. It explains your right to withdraw from that contract within 14 days without giving a reason — when and how to exercise it, and when you lose it.

1.2. The basis of the right of withdrawal depends on the tutor's status. If the tutor concludes the contract as a trader, the right of withdrawal is a statutory right arising from the Polish Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta, hereinafter: "u.p.k."), and we provide this notice to you in performance of Article 12(1)(9)–(11) u.p.k. If the tutor is not a trader, consumer protection provisions do not apply to the contract between you and the tutor; in that case Ximly grants you a contractual right to resign from the lesson on terms no worse than the statutory ones (Document D5 § 7.1), exercised in the manner, within the period and with the effect described in this document — references to the provisions of the u.p.k. then apply accordingly as the content of the contractual right. In both cases you have this right independently of the contractual lesson cancellation rules described in the Cancellation and Refund Policy (Document D4; hereinafter: the Cancellation Policy). The cancellation rules never limit this right (see § 9).

1.3. If the student is under 18, the party to the lesson agreement and the consumer entitled to the right of withdrawal is the student's parent or guardian. In the target state the notice, together with the model form, will be delivered to the Parent/Guardian at their e-mail address, and the student will additionally receive it for information; at present the Platform does not deliver it (§ 8.2). In the remainder of this document, "you" means the consumer who is the party to the contract.

§ 2. Your right of withdrawal

2.1. You have the right to withdraw from the lesson agreement within 14 days of the day of its conclusion, without giving any reason and without incurring any costs, with the exceptions described in § 5 and § 7.

2.2. The lesson agreement is concluded at the moment the Platform confirms your booking or you accept a lesson invitation sent by the tutor. The period referred to in § 2.1 runs from that moment.

2.3. If you withdraw from the contract before the lesson has taken place, you receive a full refund of everything paid for that lesson — the thresholds (brackets) of the Cancellation Policy do not apply in that case. If the lesson has not yet been paid for, the obligation to pay does not arise at all.

§ 3. How the period is counted

3.1. The 14-day period is counted from the day of the conclusion of the contract (§ 2.2). The Platform does not currently record the moment at which this period expires at booking and does not show it on the lesson page — you count it yourself from the day of the conclusion of the contract; as long as the Platform does not deliver the Notice at booking, the extended period of § 8.2 applies. Neither a change of the rules nor a new version of this notice shortens the withdrawal period in contracts already concluded.

3.2. Rescheduling the lesson to another date does not restart the running of the period — the contract remains the same, only the date of the class changes. A pending reschedule proposal does not suspend or limit your right of withdrawal; if you withdraw from the contract during that time, the reschedule proposal lapses together with the contract.

3.3. To meet the withdrawal deadline, it is sufficient for you to send the statement of withdrawal before the withdrawal period has expired.

§ 4. How to withdraw from the contract

4.1. You withdraw by sending us an unequivocal statement of withdrawal — you may (but do not have to) use the model form in § 10. Address the statement to: Ximly sp. z o.o., address: ul. Zamknięta 10/1.5, 30-554 Kraków (full registration details: Document D1 § 18.1) — by e-mail to support@ximly.app or by post to that address. The statement is made by the consumer who is the party to the contract: if the student is under 18 — by the Parent/Guardian, not by the student. This channel is always available — also when you have a new version of the Terms of Service or the Privacy Policy to accept; exercising the right of withdrawal never requires the prior acceptance of other documents.

4.2. The withdrawal button in the Platform's application (on the lesson page, with a summary of the effects before confirmation) is not currently available — neither to the student nor to the Parent/Guardian. Until it is made available, you make every statement — including in the situations of § 7 and § 8 — via the channel of § 4.1, and the support team considers it; the date of making the statement is the date it is sent (§ 3.3), and the absence of the button neither shortens the period nor limits your right — only the manner of handling changes.

4.3. You receive a confirmation of the receipt of your statement and of the settlement of the withdrawal on a durable medium (e-mail).

§ 5. A lesson before the 14 days have passed — your request and the loss of the right

5.1. Many lessons take place earlier than 14 days after booking. In the target state, at booking (or at the acceptance of an invitation) the Platform will collect from you an express request for the performance to begin before the expiry of the withdrawal period — by a separate consent field, distinct from the consent to the Cancellation Policy. At present the Platform does not collect such a request, or any other statement under Article 38(1)(1) u.p.k., at booking or at the acceptance of an invitation — which is why today the right of withdrawal does not expire upon the performance of the lesson (§ 5.3(c), § 8.3).

5.2. Once such a field is made available, by ticking it you will also confirm that you know: you will lose the right of withdrawal only once the lesson has taken place in full (Article 38(1)(1) u.p.k.).

5.3. The effects are as follows:

a) until the moment the lesson starts — you have the right of withdrawal in full, with a full refund (§ 2.3); b) after the full performance of the lesson, if the request under § 5.1 was made — the right of withdrawal expires; you pay for the lesson normally, as for any lesson that has taken place; c) after the full performance of the lesson, if the request was not made — which is currently the case for every lesson (§ 5.1) — the right of withdrawal does not expire; such a matter is considered by the support team (§ 8.3).

5.4. Your request under § 5.1 concerns exclusively the loss of the right after the full performance of the lesson. It is not a consent to deductions before the lesson and it never justifies the application of the thresholds of the Cancellation Policy in the period in which you still have the right of withdrawal.

§ 6. Effects of withdrawal — refund of payments

6.1. All payments for the lesson are refunded without undue delay, and in any event not later than 14 days from the day on which the statement of withdrawal is received, using the same means of payment as you used for the original payment, and without any charges for you. Who carries out the refund depends on the manner in which the lesson is settled (§ 6.2 and § 6.3).

6.2. Card Payments via the Platform (definition: Document D1 § 1.2; payment by card through the operator Stripe): the refund is carried out by Ximly through Stripe, initiated without undue delay after an effective withdrawal. The money is returned to the card used to pay; it will appear in your account within a timeframe that depends on your bank.

6.3. Direct Payments to the Tutor (definition: Document D1 § 1.2; settlement outside the Platform):

a) if the payment has not yet been made — the contract is cancelled and no obligation to pay arises; Ximly does not register any amount due on the tutor's behalf; b) if the payment has already been made — the refund is carried out by the tutor, directly to you, and the 14-day deadline of § 6.1 binds the parties to the lesson agreement (you and the tutor): the lesson enters the "awaiting refund" state, and you confirm the receipt of the refund in the application. Report a refusal of the refund, a delay in the refund, or a demand for payment despite an effective withdrawal to the support team — the statutory withdrawal is a documented basis for a resolution in your favour.

6.4. If the student is under 18, the payer is the Parent/Guardian — the refund goes to their payment method.

§ 7. A lesson started but not completed

7.1. If you withdraw from the contract after the lesson has started but before its full performance, you are obliged to pay for the performance rendered up to the moment of withdrawal — in proportion to the extent of the service performed (Article 35 u.p.k.) — only if at booking you made an express request for performance to begin before the expiry of the withdrawal period (§ 5.1). If no such request was made, you bear no costs for a lesson that was started but not completed.

7.2. Assessing the extent of the service performed requires individual consideration — such matters are resolved by the support team, not by an automated process; you make the statement via the channel of § 4.1.

7.3. In the statutory withdrawal path the settlement follows exclusively the proportion of Article 35 u.p.k. The contractual refund thresholds of the Cancellation Policy do not apply in that path even after the lesson has started; in particular, the start of the lesson does not make it fully payable in that path. The contractual thresholds and their values: Document D4 § 3.

§ 8. Special situations

8.1. Group lessons. You make the withdrawal statement in the same way as for a lesson with a single participant (§ 4) also where several people take part in the lesson. An effective withdrawal ends the entire lesson, including for the remaining participants; every payment obligation arising from its booking is settled separately, on its own settlement rail and against its own notice threshold, with a refund of 100% of the price for each participant. The remaining participants receive a notification that the lesson has been called off.

8.2. Bookings without a delivered notice. If this notice was not delivered to you at your booking — which is currently the case for every booking, as long as the Platform does not deliver the Notice at booking (§ 1.1) — the withdrawal period is, in accordance with Article 29(1) u.p.k., 12 months and 14 days from the day of the conclusion of the contract. Non-delivery never shortens the statutory period. Such matters are considered by the support team.

8.3. A lesson performed without your request under § 5.1. If the lesson took place in full but no request for the performance to begin before the expiry of the period was made, the right of withdrawal has not expired — the matter is considered by the support team (§ 5.3(c)).

8.4. The right of withdrawal described in this document does not limit your other rights: a lesson complaint, contractual cancellation under the rules of the Cancellation Policy, or your statutory rights against the tutor.

§ 9. Relationship to the Cancellation Policy (Document D4)

9.1. The Cancellation Policy sets out the contractual rules for cancelling lessons — including the refund thresholds dependent on the time remaining until the start of the lesson and the upper limit on deductions. You will find the values of the thresholds and limits exclusively in Document D4 § 3.

9.2. There is one rule of precedence: in the period in which you have the statutory right of withdrawal, and before the lesson is performed — withdrawal gives a full refund and the contractual thresholds do not apply. The thresholds apply to cancellations outside the statutory period and after the loss of the right in accordance with § 5.

§ 10. Model withdrawal form (Annex Z1)

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

MODEL WITHDRAWAL FORM

Addressee: Ximly sp. z o.o., address: ul. Zamknięta 10/1.5, 30-554 Kraków, Poland E-mail address: support@ximly.app

I hereby give notice that I withdraw from my contract concerning the following lesson:

— Date of booking (conclusion of the contract): .......... — Date and time of the lesson: .......... — Tutor: .......... — Name of the consumer: .......... — Address of the consumer: .......... — Date: .......... — Signature of the consumer (only if the form is sent on paper): ..........