Withdrawal from the purchase contract
The form for withdrawal from the purchase contract can be downloaded here
WITHDRAWAL FROM THE CONTRACT BY THE BUYER
In accordance with § 1829 of the Civil Code, the buyer-consumer has the right to withdraw from the purchase contract without giving reasons within fourteen (14) days of receipt of the goods, respectively. from the receipt of the last delivery of goods, if the content of the purchase includes several types of goods. If the buyer-consumer decides to withdraw within this period, and complies with the conditions below, the purchase price will be refunded. In accordance with § 1820 par. 1 let. g) and § 1832 par. 3 of the Trademark shall be borne by the buyer-consumer upon withdrawal from the purchase contract according to § 1829 et seq. Trademarks costs associated with the return of goods and also the cost of returning goods if the goods can not be returned due to its nature by regular mail. This right does not serve as a way of resolving a claim for goods (exercising rights from defective performance).
Conditions for exercising the right to withdraw from the purchase contract:
- No later than the fourteenth (14th) day after receipt of the goods, the seller must be sent a statement of the buyer’s will to withdraw from the purchase contract.
- The form for withdrawal from the purchase contract can be downloaded here
- The buyer will send this form by email to firstname.lastname@example.org and then attach the completed form to the goods, which will be returned to the seller.
- The buyer will deliver the goods back at his own expense to the seller at the registered office of prosake s.r.o. at the address Jihovýchodní VI 3116/16, Prague 4, 141 00, no later than fourteen (14) days from the withdrawal from the purchase contract.
- The goods that the buyer sends after withdrawal from the purchase contract will not show signs of use, will not be damaged, incomplete (eg without accessories, warranty card, instructions, etc.) and will be returned with a copy of proof of purchase (seller recommends to insure the goods against damage).
- If the value of the goods has been reduced (the goods are not complete or have been damaged), the buyer is obliged to replace the demonstrably missing value in money.
- The buyer has no right to withdraw from the contract pursuant to § 1829 of the Civil Code, if the goods have been modified according to his wishes or for his person (eg by engraving).
If the above conditions are met, the price of the goods paid by the buyer will be returned to him, in the same way as it was received, or according to the agreement by invoice or transfer to the buyer’s account, within fourteen (14) days of withdrawal from the purchase contract. However, the seller is not obliged to return the price of the goods paid by the buyer before the buyer-consumer hands over (delivers) the goods or proves that he sent the goods to the seller.
The buyer-entrepreneur has no right to withdraw from the concluded purchase contract.
The buyer is not entitled to withdraw from the purchase contract in the cases specified in § 1837 of the Civil Code. Furthermore, the right to withdraw from the purchase contract cannot be exercised if the returned bottle is not originally closed with an undamaged stamp.
If the returned goods are damaged as a result of a breach of the buyer’s obligation, the seller is entitled to claim compensation for the reduction in the value of the goods and to deduct it from the returned price of the goods paid by the buyer.
WITHDRAWAL FROM THE CONTRACT BY THE SELLER
The seller is entitled to withdraw from the purchase contract concluded with the buyer in the event of a manifest error in the price of the goods (ie prices obviously different from the price for this type / type of goods), unless it is clearly stated that the goods are “extraordinary”. discount “or” promotion “or other designation of similar meaning. An obvious error in the price of goods is considered to be, for example, the incorrect indication of the first (last) three digits instead of four, obviously low price of goods (eg 70% lower price than usual for this type and type of goods) and other obvious errors in writing. In the event that this situation occurs, the seller will immediately contact the buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account as soon as possible.
The seller is entitled to withdraw from the purchase contract concluded with the buyer if the handover of the package containing the goods turns out that the buyer has not reached 18 years of age (or does not prove the age in the manner specified above, eg ID card), thereby violating the conditions and the agreement of the purchase contract.
RIGHTS FROM DEFECTIVE PERFORMANCE AND WARRANTY (COMPLAINTS)
Before using the goods for the first time, the buyer is obliged to carefully read the instructions for use of the goods and any warranty conditions and then strictly follow this information. The period for exercising the rights under the seller’s liability for defects begins to run upon acceptance of the goods by the buyer.
In accordance with § 2104 of the Civil Code, the buyer is obliged to inspect the goods as soon as possible after receipt and to be convinced of its properties and quantity. If the defect becomes apparent within six (6) months of receipt and if the buyer is a consumer, it is considered that the item was defective at the time of receipt.
The seller is not obliged to satisfy the buyer’s claim if it turns out that the buyer knew about the defect of the goods before taking it over, or caused the defect himself.
If the buyer is not a consumer and damage is found, a record of damage to the goods is made and the seller is obliged to provide a reasonable discount or deliver new goods. Subsequent claims for mechanical damage to the goods can no longer be accepted.
The buyer-consumer is entitled to exercise the right to a defect that occurs in the goods within twenty-four (24) months from receipt; if the date of consumption is indicated on the packaging of the goods, then this time is shortened to the date stated on the packaging of the goods. A period of twenty-four (24) months from the receipt of the goods is set for the exercise of rights arising from defective performance; however, if the date of consumption is indicated on the packaging of the goods, then this period shall also be reduced to the date indicated on the packaging of the goods. Seller’s liability for defects does not apply to normal wear and tear of the goods (or parts thereof) caused by use.
The buyer-consumer has the following rights when exercising the rights from liability for defective performance:
- the right to have the goods repaired free of charge, if such repair is possible.
- the right to the delivery of new goods or the replacement of a part thereof, and this right may be exercised if the delivery of new goods or a part thereof is a reasonable solution to the complaint with regard to the nature of the defect. For these purposes, adequacy is assessed, for example, by the fact that the defect cannot be remedied by repair or that such repair appears to be a financially or temporally uneconomical solution. The consumer also has the right to deliver new goods or replace a part of it if the defect can be removed, but the goods cannot be used for repeated recurrence of the defect (after repair – ie if the same defect occurs with the same manifestations a total of three times (3x) and such a defect has been repaired at least twice) or used properly for a number of defects.
- the right to withdraw from the purchase contract can be exercised if it is not possible to repair the goods and it is not possible to deliver new goods or replace its components (if the conditions of this right are met). Furthermore, it is possible to use this right if the goods have a large number of defects, or it cannot be used properly due to the recurrence of the defect after repair.
The seller is liable to the buyer-entrepreneur only for those defects of goods that occurred in such goods at the time of its receipt by the buyer-entrepreneur. The seller is not liable to the buyer-entrepreneur for other defects of the goods. The buyer-entrepreneur is entitled to exercise the right of defect only within six (6) months from receipt of the goods; however, if the date of consumption is indicated on the packaging of the goods, this period shall be shortened to the date indicated on the packaging of the goods.
The complaint will be settled without undue delay, no later than thirty (30) calendar days from the date of the complaint, unless the seller agrees otherwise in writing with the buyer. After this period, the buyer-consumer has the same rights as if it were a material breach of the purchase contract. The seller will issue a written confirmation to the buyer-consumer about when the buyer-consumer has filed a complaint, what is its content and what method of its settlement it requires. Furthermore, the seller will issue to the buyer-consumer a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration. In the case of a rejected complaint, the seller will issue a written justification for this rejection to the buyer-consumer.
Defective situation liability rights apply to the seller from whom the item was purchased. However, if another entrepreneur designated for repair is listed in the warranty card, which is closer to the seller’s place or place for the buyer, the buyer shall exercise the right to repair at the entrepreneur designated to carry out the warranty repair.
In case of a defect, the buyer can send to the complaint department of the seller: email@example.com. The buyer is obliged to notify the seller of a defect in the goods without undue delay after it manifests itself.
The buyer-consumer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of rights from liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the buyer-consumer is also entitled to reimbursement of costs necessarily incurred for such withdrawal.
The provisions of Section 1924 of the Civil Code do not apply to legal relations between the seller and the buyer-entrepreneur, so the buyer-entrepreneur is not entitled to reimbursement of costs expediently incurred in exercising the rights arising from defective performance (claim).
Complaints about goods in the case of the buyer-consumer are governed by the relevant provisions of the Civil Code and the Consumer Protection Act. In the case of a buyer-entrepreneur, a claim for goods is governed by the relevant provisions of the Civil Code.
OUT OF COURT SETTLEMENT OF CONSUMER DISPUTES
The seller, in accordance with the provisions of § 14 of Act No. 634/1992 Coll. on consumer protection, informs consumers about the possibility of resolving disputes arising from contracts concluded with the seller, through the entity for out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority (www.coi.cz), with its registered office at Štěpánská 567/15, Prague 2, ZIP code 120 00.