Article 8
Withdrawal from the contract
8.1 Under Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller’s business premises and on the amendment and supplementation of certain laws (hereinafter the “Act”), the consumer has the right under Section 7 and following to withdraw from the purchase contract within 14 calendar days from the day of receipt of the goods. If the subject of the purchase contract is the delivery of goods, the consumer has the right to withdraw from the contract even before delivery of the goods.
8.2 If the seller provided the consumer with information pursuant to Section 3(1)(h) of Act No. 102/2014 Coll. only additionally, but no later than within 12 months from the start of the withdrawal period under Section 7(1) of Act No. 102/2014 Coll., the withdrawal period shall expire 14 days from the day on which the seller additionally fulfilled the information obligation.
8.3 If the seller did not provide the consumer with information pursuant to Section 3(1)(h) of Act No. 102/2014 Coll. even within the additional period under Section 7(2) of Act No. 102/2014 Coll., the withdrawal period shall expire after 12 months and 14 days from the day on which the withdrawal period under Section 7(1) of Act No. 102/2014 Coll. began.
8.4 By withdrawing from the purchase contract, the contract is cancelled from the beginning; the seller is obliged to take the goods back and refund to the consumer the price paid for the goods or the advance payment paid for the goods, including the costs incurred by the consumer in connection with ordering the goods, within 14 days of delivery of the withdrawal from the purchase contract and delivery of the goods to the seller, by non-cash transfer to the account number stated by the consumer in the withdrawal from the purchase contract. If the consumer withdraws from the contract and delivers to the seller goods with reduced value that are used, damaged, or incomplete, the consumer shall reimburse the seller for the costs incurred in connection with repairing the goods and restoring them to their original condition. If this is no longer possible (e.g., in the meantime the goods have been destroyed or consumed), the consumer must provide monetary compensation as the equivalent of what can no longer be returned.
8.5 The consumer is obliged, no later than 14 days from the day of withdrawal, to send the goods back or hand them over to the seller or a person authorised by the seller to take delivery of the goods. The consumer must withdraw in writing, stating the order number, date of purchase, and account number for the refund. This does not apply if the seller proposes to pick up the goods personally or through an authorised person. The period under the first sentence is deemed complied with if the goods were handed over for transport no later than on the last day of the period. The withdrawal form is an annex to these general terms and conditions.
8.6 If the consumer withdraws from the contract, they shall bear the costs of returning the goods. Cash-on-delivery shipments are not accepted by the seller.
8.7 If goods are purchased by a person in connection with their business activity (as decided by the inclusion of the Company ID (IČO) on the purchase document), the right to withdraw from the purchase contract does not arise, as the Commercial Code does not allow this.
8.8 The seller reserves the right to withhold the refund of the purchase price until the goods are returned by the buyer. In the case of return of damaged goods and/or goods whose value has been reduced due to handling beyond what is necessary to determine the nature, properties, and functionality of the goods, the seller will refund the purchase price reduced by compensation for the damage caused to the goods. The seller’s claim for compensation for damage shall be extinguished by set-off against the buyer’s claim for the refund of the purchase price. Against the purchase price to be refunded, the seller may set off its actually incurred costs associated with returning the goods (transport costs, etc.).
8.9 The seller is entitled to withdraw from the purchase contract mainly for the following reasons:
a) if, in the case of advance payment to the seller’s account, the buyer did not pay the total price of the goods,
b) if the buyer, who did not cancel the order and did not withdraw from the contract under these GTC, does not take delivery of the ordered goods upon personal collection, from the postal courier at the agreed place of delivery, or at the relevant post office within the set collection period.
8.10 Handling fees for goods
In the event of returning profiles and other large goods, the seller charges a 5% fee for the return of the goods.