WITHDRAWAL FROM THE PURCHASE AGREEMENT
1. The buyer is entitled to withdraw from the purchase contract within 14 days of receipt of the goods without giving a reason in accordance with Art. § 7 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and on the amendment of certain laws
The seller is obliged to take over the goods and return to the consumer no later than 14 days from the date of delivery of the withdrawal from the contract the price paid for the goods, including costs incurred by the consumer in order to order goods or services. The cost of returning the goods is borne by the consumer.
The consumer may not withdraw from a contract which has as its object:
(a) the provision of a service, where the provision of the service began with the consumer's express consent 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 after full provision of the service;
b) the sale of goods or the provision of services, the price of which depends on price movements in the financial market, which the seller cannot influence and which may occur during the period for withdrawal from the contract,
c) the sale of goods made to the specific requirements of the consumer, custom-made goods or goods intended specifically for one consumer,
d) sale of goods subject to rapid deterioration or deterioration,
e) sale of goods enclosed in protective packaging, which is not suitable for return due to health protection or hygienic reasons and whose protective packaging was broken after delivery, Page 8 Collection of Laws of the Slovak Republic 102/2014 Coll.
f) sale of goods which, due to their nature, may, after delivery, be inseparably mixed with other goods,
g) the sale of alcoholic beverages, the price of which was agreed at the time of concluding the contract, their delivery can be made after 30 days at the earliest and their price depends on the movement of prices on the market, which the seller can not influence,
(h) carrying out urgent repairs or maintenance explicitly requested by the consumer from the seller; this does not apply to service contracts and contracts having as their object the sale of goods other than spare parts needed to carry out repairs or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not pre-order these services or goods,
(i) the sale of phonograms, video recordings, phonograms, books or computer software sold in protective packaging, if the consumer has unpacked that packaging,
j) the sale of periodicals, with the exception of sales under a subscription agreement and the sale of books not supplied in protective packaging,
k) provision of accommodation services for purposes other than accommodation, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed time,
(l) the supply of electronic content other than on a tangible medium, where such provision 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 of withdrawal.
2. Withdrawal from the contract shall be made by the buyer in writing. Until the withdrawal from the purchase contract according to the previous point of these general terms and conditions, the buyer shall state the buyer's identification, order number and date, exact specification of goods, how the seller should return the already received performance, especially account number and / or postal address.
Simultaneously with the withdrawal from the purchase contract, he is obliged to present / send / to the seller the goods together with the accessories, including documentation, instructions, warranty card, original proof of payment.
In the event that the buyer withdraws from the contract and presents / sends / to the seller the goods could be used appropriately, the packaging is in harmless and is not damaged or incomplete, the seller will return to the buyer the purchase price already paid for the goods specified in the binding acceptance of the order or within 14 days from the date of taking over the withdrawal from the purchase contract and delivery of the goods to the seller by non-cash transfer to the buyer's account designated by the buyer.
3. Upon valid withdrawal from the contract, the seller will return the purchase price to the buyer, including costs incurred by the buyer in connection with ordering and delivery of goods, if the buyer submits to the seller written documents on the costs incurred by the buyer in ordering the goods.
Goods fully complying with the quality requirements are considered to be goods with the same or similar characteristics as stated in the offer of goods on the seller's website.
4. The costs incurred by the buyer in connection with ordering the goods are considered to be the costs of making the order, especially the price for making a phone call by which the buyer made a proposal to conclude a purchase contract or the price for connecting the buyer to the seller's website, during which the buyer filled in and sent form for ordering goods on the website or wrote and sent an e-mail with an order for goods, the cost of delivery of goods.
Obligations of the seller in withdrawing from the contract
1. The seller shall, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal, return to the consumer all payments received from him under or in connection with the contract, including transport, delivery, postage and other costs. and fees; this does not affect the provision of § 8 par. 5th Act.
2. The seller shall be obliged to reimburse the consumer in accordance with paragraph 1 in the same way as the consumer used in his payment. This is without prejudice to the consumer's right to agree with the seller on another method of payment if no additional fees are charged to the consumer.
3. The seller shall not be obliged to reimburse the consumer for additional costs if the consumer has expressly chosen a method of delivery other than the cheapest standard method of delivery offered by the seller. Additional costs are the difference between the delivery costs chosen by the consumer and the costs of the cheapest standard delivery method offered by the seller.
4. If, under a contract concluded outside the seller's premises, the goods were delivered to the consumer's home at the time of conclusion of the contract and due to their nature it is not possible to send the goods back to the seller by post, the seller is obliged to pick up the goods at his own expense.
5. Upon withdrawal from the contract for the sale of goods, the seller shall not be obliged to reimburse the consumer for payment under paragraph 1 before the goods have been delivered to him or until the consumer proves that the goods have been returned to the seller unless the seller proposes to pick them up in person or through a person authorized by him.
Obligations and rights of the consumer in the event of withdrawal from the contract
1. The consumer is obliged to return the goods or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract.
This does not apply if the seller proposes to pick up the goods in person or through a person authorized by him. The time limit referred to in the first sentence shall be deemed to have been observed if the goods were handed over for transport not later than the last day of the time limit.
2. The consumer shall be entitled to refuse to return the goods which he has acquired under the contract concluded during or in connection with the sale to the seller until the seller has reimbursed to the consumer the price paid or the advance on the goods or services.
3. On withdrawal from the contract, the consumer shall bear only the cost of returning the goods to the seller or to 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.
4. The consumer shall be liable only for any reduction in the value of the goods resulting from such treatment as is necessary to ascertain the characteristics 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.