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The buyer can withdraw from the contract within 14 days from taking the delivery or the last part of the delivery irrespective of the way of receipt or payment. The given period is intended for the buyer to familiarise adequately with the nature, properties and functionality of the goods.
The buyer is entitled to withdraw from the contract even before delivery at any time.
The buyer must send or handover the withdrawal from the contract to the seller within the 14-day period. The buyer does not have to state a reason of withdrawal. To make communication easier, it is suitable to state the date of purchase or contract/receipt number, bank connection and the chosen way of returning the goods.
The seller is obliged to return to the buyer the amount corresponding to the goods price and the lowest costs related to their delivery, namely within 14 days from withdrawal from the contract and in the same way as he/she accepted the payment from the buyer. If the seller offers several possibilities in the scope of certain delivery of the goods, he/she is obliged to pay to the buyer the cheapest of them. No later than within the same period, the buyer is obliged to send or handover the purchased goods to the seller. The goods being returned to the seller (no cash on delivery) must be complete and in the original wrapper, if possible, and cannot show any signs of tear and wear and damage. The costs related to the return of the goods are born by the buyer.
The seller is not obliged to return accepted finances before the buyer hands the goods over to him/her or proves that he/she sent the goods to the seller.
If the returned goods are damaged by the buyer's breach of the obligations, the seller is entitled to lodge a claim for the compensation for the goods value reduction and set it off against the returned amount.
The example/on-line withdrawal form is available here.
The seller is entitled to withdraw from the contract at any time before delivering the goods if he/she is not objectively able to deliver the goods to the seller due to the third persons within the reasonable period under the circumstances and/or if it is clear that the buyer breached the contract concluded with the seller earlier.
At the same time, the seller notifies the buyer of the fact that the contract is not concluded, if there are justified doubts on the real identity of the buyer or in case of obvious mistakes in the given information about the goods or price.
If the accepted goods show any defects (e.g. the goods do not have agreed or expected properties, they are not suitable for the usual or agreed purpose, are not complete, do not correspond to other legal, contractual or even pre-contractual parameters), the seller is responsible for these defects.
If the repair or replacement of the goods is not possible, the buyer can require the return of the full goods price based on the withdrawal from the contract.
The seller is not obliged to comply with the buyer's request, if he/she proves that the buyer knew about defect in the goods before taking them or caused it himself.
The seller is not responsible for the defects in the second-hand goods when selling them, if the defects correspond to the level of previous use or wear and tear. In case of the goods being sold for lower prices, the seller is not responsible for the defect due to which the lower price was agreed. In such cases the buyer is entitled to get adequate discount instead of replacement.
If you damage the ordered goods by mistake, it is not a problem to return them. According to the law, the consumer is responsible to the seller for decrease in the goods value, if he/she handled the goods beyond what is necessary to test their properties. Thus, if the consumer "borrows" a marionette from the e-shop for the one-week theatre performance, the seller can deduct from the returned payment the amount amounting to the level of excessive wear and tear. Thus, legal provision does not keep the buyer from unpacking and trying the goods. However, its purpose is not to use and return the goods.
The conclusion of the contract bears many obligations. The buyer should not only pay for the goods but also accept them. If the buyer does not pay on time, the seller can charge interests on delay and then a contractual fine as well. The seller is entitled to require storage charges for each day of delay of the goods not being picked up. Thus, if the buyer just leaves the delivery be and does not terminate the contract by withdrawal on time, it might backfire on him/her.
If you send the delivery back without a word or you leave it at the post office, we have no idea how to explain your behaviour. You could intend to lodge a complaint or your delivery missed you when you were on holiday. Neither silence nor inactivity can be considered withdrawal from the contract and we can insist on you to return the goods. You can withdraw from the contract by a simple phone call or by e-mail or mail which is better.
The seller is responsible for the defects occurred after taking the goods during the 24-month guaranteed period or during the period of usability given in the ad, on the goods wrapping or in the enclosed instructions. However, this does not apply to the defects caused by improper care which should by paid to the marionettes.
During the legal period of 2 years, the buyer can lodge a complaint and, according to his/her choice and in case of the defect representing a substantial breach of the contract (irrespective of removable or irremovable defect) to require following:
It is substantial such breach of the contract which was known to the breaching party at the time of concluding the contract or the breaching part knew that the other party would not conclude such contract because it would anticipate such breach.
With the defect which represents insignificant breach of the contract (irrespective of removable or irremovable defect), the buyer is entitled to the claim for defect removal or adequate purchase price discount.
If there is the repeated removable defect after repair (the third complaint due to the same defect or the fourth one due to different defects) or the goods show more defects (at least three defects together), the buyer can apply the right to the purchase price discount, goods replacement or withdrawal from the contract.
The seller is not responsible for the defects occurred due to the normal wear and tear, incorrect and careless handling of the goods or the breach of operating instructions.