The general rule is that a shopper who purchases an e-shop can withdraw from the sales contract within 14 days of receiving the goods. But as you know, every rule has its exceptions. You can not withdraw from a contract for the supply of tailor-made goods or sanitary supplies sold in a sealed package that has been unpacked. The same is true for products that are subject to rapid perish, such as food or flowers. All these products are linked by a common denominator: the impossibility of resale. Thus, the law provides protection for entrepreneurs against frivolous consumers who do not think well in advance. It is not possible to return CDs and DVDs with music, movies or computer software if their original packaging is broken. This is not the reason for not selling but the protection of copyright. It is understandable that even the magazines you have already read can not send the e-shop back.
On the other hand, if the ordered goods are damaged by accident, it is not an obstacle to their return. You can say goodbye to a relative part of the price, but the trader can not resist the withdrawal. "A consumer is legally liable to the seller for an impairment of the value of the goods if he dispenses with the goods beyond what is necessary to test his properties. Therefore, if the consumer "leases" the camera for a weekly vacation from the e-shop, the seller can deduct from the returned purchase price an amount equal to the amount of excessive wear, " says Lukas Zeleny. Of course, this legal regulation does not prevent you from unpacking and testing your purchased goods. However, it is not for brides to be able to return the sweaty wedding dress after the ceremony.
Few people realize that there are many obligations to conclude the contract. The buyer should not only pay for the goods but also take it over. "If the buyer fails to pay in time, the seller may charge him default interest and, if the contract so permits, a contractual penalty. The seller is entitled to demand warehousing for the non-picked goods, which is growing from day to day, " adds Lukáš Zelený. Letting the order just be, and the contract not to terminate the withdrawal in time does not necessarily pay the consumer.
But what does it mean to withdraw from the contract? Does the order have to be canceled, or does not the goods need to be picked up? "The law requires a clear and comprehensible manifestation of will. If you send the goods without a word back or left at the post office, the trader does not know how to deal with your dealings. You might have wanted to complain about the goods or if you accidentally missed the package when you were on vacation. Silence or inaction can not be regarded as withdrawal and the merchant can insist that you take the goods properly, " explains Green. You can also withdraw from a contract with a simple phone call, but this will not make it easy unless you make a call. It is better to choose an email, and of course you will do the best if you use postal services.
Source: tz dTest.cz