4. Withdrawal from the purchase contract
4.1. Withdrawal from the Purchase Contract by the Buyer – Consumer
- 4.1.1.If the purchase contract is concluded by means of distance communication (in the online shop), the Buyer-Consumer has the right to withdraw from the contract within 14 days of receipt of the goods without giving any reason and without any penalty, in accordance with § 53 (7) of the Civil Code. In such a case, the Buyer-Consumer shall contact the Seller and preferably indicate in writing that he/she is withdrawing from the contract with the order number, date of purchase and account number for the refund. The withdrawal must be delivered to the Operator no later than the last day of the 14-day period. The consumer does not have the right of withdrawal in the case of contracts:
- (a) for the provision of Services, if the performance of the Services has been commenced with his consent before the expiry of the period of 14 days from the receipt of the performance,
- b)for the supply of Goods or Services, the price of which depends on financial market fluctuations independent of the Seller's will,
- c)for the supply of Goods which have been adapted to the Buyer's wishes or for the Buyer's person, as well as Goods which are subject to perishability, wear and tear or obsolescence,
- d)for the supply of audio and video recordings and computer programs if the Buyer has damaged their original packaging,
- e)for the supply of newspapers, periodicals and magazines,
- f)consisting in a game or lottery.
- The Operator extends to the Buyer-consumer the right to withdraw from the purchase contract concluded by means of distance communication (in the online shop) for 90 days from the receipt of the goods, without giving any reason and without penalty, but after 14 days from the receipt of the goods only if the Buyer meets the following conditions: a) The goods are complete and in their original packaging undamaged b) The goods are demonstrably unused, if they are partly or wholly protected by copyright law, or if they are intended for single consumption
- 4.1.2.In the event of exercising the right of withdrawal within 14 days of receipt of the performance, the Buyer-Consumer must also hand over to the Operator everything he/she has received under the contract of sale. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the Buyer-Consumer must provide monetary compensation in return for what can no longer be delivered. If the returned goods are only partially damaged, the Operator may claim damages against the Buyer-Consumer and set off its claim against the returned purchase price. In such a case, the Operator is obliged to prove the damage incurred. In such a case, the Operator shall only refund the Purchaser-Consumer the reduced purchase price. The Operator may also add to the purchase price to be refunded to the Buyer its actual costs incurred in returning the goods. The non-consumer Buyer cannot exercise the option to withdraw from the Purchase Contract if: a) The original packaging of the goods has been damaged or destroyed b) The goods have been used repeatedly after receipt c) The goods have been damaged in transit or damaged by the Buyer d) The Buyer fails to present the delivery note for the goods e) The Buyer fails to return the goods complete (including accessories, warranty card, instructions, etc.).
- 4.1.3.Cancellation must be made in writing or by email, in the cancellation the buyer shall state, among other things, the order number (as stated in the order confirmation) and the date of purchase.
- 4.1.4.If the Buyer - consumer rightfully withdraws from the purchase contract, the Operator is obliged to return the purchase price of the goods to the Buyer in full, if payment for the goods has already been made. The Operator has the right to reduce the amount refunded by the costs incurred in processing the order. The purchase price will be transferred to the account specified by the Buyer in the withdrawal, otherwise to the account from which the payment was received. In case of cash payment, the purchase price will be sent by postal order to the Buyer's address. The Operator shall refund the amounts paid to the Buyer-Consumer within 30 days of the withdrawal.
- 4.1.5.If the Buyer-Consumer rightfully withdraws from the purchase contract, he/she is entitled to use the label "return shipment" and not to pay the postage. In the event that the label is not available, the Operator shall refund the postage costs of CZK 65. The amount of the refund is based on the price list of the Czech Post. If the Buyer - consumer delivered the goods personally, the refund of postage is not due. If the Buyer - consumer returns the goods from one order in multiple shipments, he is entitled to use one label, or he is refunded only one postage fee of 65 CZK.
- 4.1.6.If the Buyer withdraws from the purchase contract unjustifiably and sends the goods to the Operator anyway, the goods will not be accepted or will be sent back at the Buyer's expense.
4.2. Withdrawal from the purchase contract by the Buyer - entrepreneur
- 4.2.1.The Buyer - entrepreneur is entitled to withdraw from the Purchase Contract for material breach of the Purchase Contract by the Operator, in particular if the Operator is in delay with delivery of the goods for more than 0 days.
- 4.2.2.The withdrawal must be made in writing by e-mail, in the withdrawal the Buyer shall indicate the order number (indicated in the order confirmation) and the date of purchase.
- 4.2.3.In the event of a valid withdrawal from the purchase contract, the Operator shall refund the purchase price to the Purchaser
4.3. Withdrawal from the purchase contract by the Operator
- 4.3.1.The Operator takes care to have a good orientation in the market of the sold assortment, nevertheless, exceptionally, there may be situations when it is not able to deliver the ordered goods under the conditions agreed in the purchase contract. The Operator therefore reserves the right to withdraw from the purchase contract in such cases.
- 4.3.2.The Operator and the Buyer shall also have the right to withdraw from the Purchase Contract if there have been significant changes in the prices of the supplier of the ordered goods, if there have been significant changes in the prices of transport of the goods and the Buyer has not accepted the relevant change to the Purchase Contract, i.e. an increase in the price of the goods or an increase in the cost of transport.
- 4.3.3.If the Operator withdraws from the Purchase Contract, it shall immediately inform the Buyer thereof by e-mail to the address provided by the Buyer when creating the order. Furthermore, it is obliged to refund the full purchase price of the goods to the Buyer, if this has already been paid.