Everything is now possible to make peace. However, for routinely manufactured goods in the normal range of dimensions, such as just the mattress or duvet and pillow, and offers you a peddler, vigilance is in place. Often it is just an attempt to get the better of the customer's right to cancel within 14 days from the contract concluded with him at home. Products imposed by during a surprise visit merchant is then easily get rid of.
"The right of withdrawal is not always true. Specific exceptions governed by the Act and include situations where the goods were made according to customer's specific requirements. The concept of unreliable vendors then created the absurd situation where goods that are commercially available in these dimensions, will reportedly produce specially according to the instructions and wishes of consumers. Businessman actually pretending that this is not a normal purchase contract, but for things made to order, "said Luke Green, head of the legal department dtest.
The seller offered range adjusts the statutory exemption by identifying a standard size products. Treaty marks as things made to order and straight in the pre right to withdraw from the contract within 14 days exclude, knowing well that there is no standardized size. Remeasurement bed at the customer's home contributes to the impression that it is the production of atypical and identified dimensions seller writes the contract. If he failed argument atypical dimensions, after all, the goods must be based on customer requirements only produce. And in such cases it is not possible to contract within 14 days without giving any reason and without penalty to cancel.
Abuse of statutory exceptions to the right to withdraw from contracts concluded away from business premises is as old as the right to withdraw itself. But do not be fooled. "Consumers have no way of knowing if it is collected by the goods have already been created. Therefore, regardless of whether the goods at the time of the contract lies somewhere or will only produce, it is always under the Act on the purchase agreement, not a contract for the fabrication of things like work, "says Luke Green.
If there is no standard governing standard dimensions, one can not imagine it. Mattresses are now manufactured in various sizes routinely, not to mention bedding. Even though the merchant denies the manufacture and sale of other dimensions, it does not mean that there is a hard to believe that the dealer actually composing at home mattress and pillows stitched. The Court should these factors when assessing the consumer's entitlement to refund the purchase price certainly taken into account.
Source: tz dTest.cz
