Instruction on the exercise of the consumer’s right to withdraw from a contract concluded by means of distance communication
In accordance with the provisions of Article 1829(1) of the Civil Code, the buyer has the right to withdraw from the purchase contract, within 14 days of receipt of goods, and if the purchase contract covers various types of goods or delivery of several parts, this period starts from acceptance of the last delivery of goods.
In our e-shop, we have extended this period to 30 calendar days from receipt of the goods, without having to give a reason for the withdrawal and without penalties, but after the statutory 14-day period, withdrawal from the contract is possible only if the goods are complete, undamaged and show no signs of use.
The Buyer acknowledges that in accordance with the provisions of Article 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for delivery of goods, that were modified according to the wishes of the buyer, from the purchase contract for delivery of perishable goods and goods irretrievably mixed with other goods after delivery, from a purchase contract for delivery of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase contract for delivery of an audio or video recording or computer program if the buyer has infringed their original packaging.
Withdrawal from the purchase contract must be sent to the seller within 30 days. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is available from the seller’s website. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller’s registered office or to the seller’s e-mail address: email@example.com.
In the event of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within 14 days after delivery of the notice of withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods cannot be returned due to its nature by regular mail.
In the event of withdrawal from the purchase contract, the seller will return the funds received from the buyer within 14 days after the receipt of the notice of withdrawal from the purchase contract by the buyer, using the same method the seller received the funds from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
In the event where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, in a cashless way to the account designated by the buyer.
If a gift is provided to the buyer together with the goods a donation contract between the seller and the buyer is concluded with an untying condition that if the buyer withdraws from the purchase contract, the donation contract for such a gift becomes null and void and the buyer is obliged to return given a gift.