At the clinic Dtest turned a couple who, before the end of last year, called him to his home technician for regular inspection of their expensive vacuum cleaner. Technik spouses on the site sold new floor head for more than ten thousand crowns. After several days, the couple realized that they do not need the head. Thus phoned sellers and withdrew from the contract. Under the old Civil Code, however, was the resignation invalid.
"As the first erred technician who failed to fulfill their legal obligation to inform consumers when concluding a contract of their right of withdrawal. Another mistake made owners unwanted head when he chose to withdraw by telephone. The law stipulated that the withdrawal must be in writing, "says the head of the legal department Dtest Luke Green and adds:" Such cases are a lot of consumers are often even less informed. When selling off business premises, ie for example in the home, you do not even realize that it entered into a purchase agreement and have the right to withdraw from it. "
When you purchase contract outside the usual business law allows the contract within 14 days from the conclusion to withdraw without giving any reason and without penalty. For the purchase of goods to the beginning of the withdrawal period considered instant acceptance. "The right of withdrawal entrepreneur must learn from the consumer in writing. If they do not apply to the purchase agreement entered into after January 1, 2014 deadline is longer, to one year and 14 days. If during this period entrepreneur discovers its error and consumers subsequently learn, lessons run from the time the normal 14-day period.
The law already requires that the withdrawal was done in writing, but it must be remembered that the withdrawal made after the phone will be very hard to prove. To comply with the withdrawal period is sufficient, if the notice no later than the last day of the period sent, "says Luke Green issues resigning from purchase agreements, which from 1 January this year governed by the new Civil Code.
Based delivered withdrawal entrepreneur is required within 14 days to return any funds received from consumers. The consumer is at the same time obliged to return the purchased goods with any accessories and gifts.
Consumers who are not nice to visit peddler, they can give their opinion clear example with a note on the door. Magazine dTest prepared for these purposes sticker challenge, "Sellers, do not ring doorbells," that everyone can be ordered free of charge at www.dtest.cz/nezvonte.
Source: tz dTest.cz