If the seller is unable to fulfill his obligations under the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of goods agreed in the purchase contract has discontinued production or made major changes that prevented the seller from fulfilling its obligations under the purchase contract; for reasons of force majeure or if, even with all reasonable efforts, he is unable to deliver the goods to the customer within the period specified in these terms and conditions or at the price specified in the order, the seller is obliged to immediately inform the buyer and at the same time he is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). In the event that the buyer withdraws from the purchase contract for the reasons stated in this point of these complaint and business conditions, the seller is obliged to return to the buyer the advance payment for the goods agreed in the purchase contract within 14 days of notification of withdrawal by transfer to the account specified by the buyer. .
The buyer is entitled to withdraw from the purchase contract without giving a reason in accordance with Art. § 7 et seq. Act no. 102/2014 Coll. On consumer protection in distance selling (hereinafter referred to as the "Act on consumer protection in distance selling ") within 14 days of receipt of the goods, resp. from the date of concluding the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled the information obligations pursuant to Art. § 3 of the Act on Consumer Protection in Distance Selling.
The buyer has the right to unpack and test the goods within this period after receipt in a manner similar to the usual purchase in a classic "stone" store, to the extent necessary to determine the nature, properties and functionality of the goods.
The period for withdrawal from the contract begins on the day when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if
- the goods ordered by the buyer in one order are delivered separately, from the day of taking over the goods that were delivered last,
- delivers goods consisting of several parts or pieces, from the date of receipt of the last part or last piece,
- under the contract, the goods are delivered repeatedly during a defined period, from the date of receipt of the first delivered goods.
The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before the start of the period for withdrawal from the contract.
Withdrawal from the contract must be made by the buyer in writing in a manner that does not raise doubts that the withdrawal has occurred, or in the form of a record on another durable medium or using the form available on the download on the seller's website . The period for withdrawal from the contract is considered to be maintained if the notice of withdrawal from the contract was sent to the seller no later than on the last day of the period under Art. § 7 par. 1 of the Act on Consumer Protection in Distance Selling.
Withdrawal from the purchase contract according to the passing point of these terms and conditions must contain the information required in the withdrawal form available for download on the seller's website , in particular the buyer's identification, order number and date, exact specification of the goods, the way the seller has to return the performance already received, in particular the account number and / or postal address of the buyer.
If the buyer withdraws from the purchase contract, any additional contract related to the purchase contract from which the buyer withdrew is also canceled from the beginning. It is not possible to demand from the buyer any costs or other payments in connection with the cancellation of the supplementary contract, except for the payment of costs and payments specified in Art. § 9 par. 3, par. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Prices for Service, if the subject of the contract is the provision of a service and the full provision of the service has taken place.
The buyer is obliged without undue delay, but no later than within 14 days from the date of withdrawal from the purchase contract to send the goods back to the address of the operator's registered office or hand it over to the seller or a person authorized by the seller to take over the goods. This does not apply if the seller has proposed to pick up the goods in person or through a person authorized by him. The period under the first sentence of this point of these terms and conditions of business and complaint is considered to be maintained if the goods were handed over for transport no later than on the last day of the period.
The buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, preferably in the original packaging and unused.
It is recommended to insure the goods. The seller does not accept cash on delivery. The seller is obliged without undue delay, no later than 14 days from the date of delivery of the notice of withdrawal to the buyer to return to the buyer all payments received from him under or in connection with the purchase contract, including shipping, delivery and postage and other costs and fees. . The seller is not obliged to return payments to the buyer under this point of these terms and conditions before the goods are delivered to him or until the buyer proves the return of the goods to the seller, unless the seller proposes to pick up the goods in person or through a person authorized by him.
The buyer bears the cost of returning the goods to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself or if he has not fulfilled the obligation under § 3 para. 1 letter i) of the Act on Consumer Protection in Distance Selling.
The buyer is only responsible for the reduction in the value of the goods, which arose as a result of such treatment of the goods, which is beyond the treatment necessary to determine the properties and functionality of the goods. The consumer is not responsible for the reduction in the value of the goods if the seller has not fulfilled the information obligation about the consumer's right to withdraw from the contract under § 3 para. 1 letter h) of the Act on Consumer Protection in Distance Selling.
The seller is obliged to return the purchase price to the buyer for the goods in the same way as the buyer used in his payment, unless the buyer agrees on another method of refunding without the buyer being charged additional fees in this regard.
In the event that the buyer withdraws from the contract and delivers to the seller goods that are used, damaged or incomplete, the buyer undertakes to pay the seller:
- the value by which the value of the goods was reduced in accordance with para. § 457 of the Civil Code in the actual amount
- costs incurred by the seller in connection with the repair of the goods and their restoration to the original condition calculated according to the price list for post-warranty service of the goods.
Pursuant to this point of the complaint and business conditions, the buyer is obliged to pay the seller compensation in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.
In accordance with para. § 7 par. 6 of the Act on Consumer Protection in Distance Selling, the buyer may not withdraw from the contract, the subject of which are:
- the sale of goods made to the consumer's specific requirements, custom-made goods or goods intended specifically for a single consumer,
- the sale of goods enclosed in protective packaging which cannot be returned for health or hygienic reasons and whose protective packaging has been broken after delivery,
- the sale of sound recordings, video recordings, sound recordings or computer software sold in protective packaging, if the consumer has unpacked that packaging,
- sale of books not supplied in protective cover and sale of periodicals,
- the provision of electronic content other than on a tangible medium, if its provision began with the express consent of the consumer and the consumer has stated that he has been duly informed that, by expressing that consent, he loses the right to withdraw from the contract.
- the provision of the service, if the provision of the service has begun with the express consent of the consumer and the consumer has stated that he has been duly informed that, by giving his consent, he loses the right to withdraw from the contract after the full provision of the service and the full provision of the service,
- The provisions of Art. 10 of these business and complaint conditions do not explicitly apply to entities that do not meet the definition of consumer specified in Art. § 2 letter a) of the Act.