1. If the seller cannot fulfill his obligations under the contract of sale due to the sell-out of the goods, the unavailability of the goods, or if the manufacturer, importer or supplier of goods agreed in the contract of sale has interrupted production or has made such serious changes that made it impossible to fulfill the seller's obligations arising from from the purchase agreement or for reasons of force majeure/irresistible/, or if, even in any effort that may reasonably be required of him, he is unable to deliver the goods to the customer within the period specified by these terms and conditions, or the price stated in the order to inform the buyer immediately of this fact and at the same time it is obliged to offer the buyer a substitute performance, or the option for the buyer to withdraw from the purchase contract (cancel the order). If the Buyer withdraws from the Purchase Contract for the reasons stated in this Clause of these Complaints and Business Terms, the Seller is obliged to return to the Buyer the advance payment already paid for the goods agreed in the Purchase Contract, within 14 days from the notice of withdrawal by transfer to the Account, designated by the buyer.
2. The Buyer is entitled to withdraw from the Purchase Contract without stating a reason in accordance with § 7 and subsequently Act no. 102/2014 on Consumer Protection in Distance Selling, within 14 days of receipt of the goods, respectively. from the date of conclusion of the contract for the provision of the service or contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled in due time the information obligations pursuant to the provision Section 3 of the Consumer Protection Act at Distance Sales.
3. The Buyer has the right, within this period, to unpack and test the goods in a manner similar to the usual purchase in a classic “stone” shop, to the extent necessary to determine the nature, characteristics and functionality of the goods.
4. The withdrawal period begins on the day on which the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the goods ordered, or
a) if the goods ordered by the buyer in one order are delivered separately from the date of receipt of the goods which were delivered last,
b) supplying goods consisting of several pieces or pieces, from the date of receipt of the last piece or last piece;
c) on the basis of the contract, the goods are delivered repeatedly for a limited period, from the date of receipt of the first goods delivered.
5. The Buyer may withdraw from the Purchase Contract, the subject of which is the purchase of the goods even before the start of the withdrawal period.
6. Withdrawal from the contract must be made by the Buyer in writing, in a manner that does not raise doubts that the contract has been withdrawn, or in the form of an entry on another durable medium or by means of a form which forms Annex no. 1 of these Business and Complaints. The withdrawal period shall be deemed to be maintained if the notice of withdrawal has been sent to the Seller at the latest on the last day of the time limit set forth in the provisions of Art. § 7 para. 1 of the Consumer Protection Act in Distance Sales.
7. Withdrawal from the Purchase Contract, according to the preceding point of these Terms and Conditions of Sale and Claim must contain the information required in the form of withdrawal from the Purchase Contract, which forms Annex no. 1 of these terms and conditions, in particular the identification of the buyer, the number and date of the order, the exact specification of the goods, the manner in which the seller has to return the already received performance, in particular the account number and / or postal address of the buyer.
8. If the Purchaser withdraws from the Purchase Contract, any ancillary contract related to the Purchase Contract from which the Purchaser has withdrawn shall also be canceled from the beginning. No cost or other payment may be claimed from the buyer in connection with the cancellation of the ancillary contract, except for the payment of costs and payments referred to in sec. § 9 para. 3, sec. § 10 para. 3 and 5 of the Consumer Protection Act when selling at a distance and the price of a service, if the contract is the provision of a service and the service is fully provided.
9. The Buyer is obliged, without undue delay, to send the goods back to the address of the Operator's registered office, or to hand it over to the Seller or the person authorized by the Seller to take over the goods. This does not apply if the seller has proposed to pick up the goods in person or through a person authorized by him. Time limit, according to the first sentence of this point of these Terms and Conditions.
10. The Buyer is obliged to deliver to the Seller the complete goods, including the complete documentation, undamaged, preferably in the original packaging and unused.
11. It is recommended to insure the goods. Cash on delivery items are not accepted by the Seller. The Seller is obliged, without undue delay, to return to the Buyer, within 14 days of the date of delivery of the notice of withdrawal, all payments received from him under the Purchase Contract or in connection therewith, including shipping, delivery and postage and other costs and charges. The Seller is not obliged to return to the Buyer any payments under this clause of these Terms and Conditions of Sale before the goods are delivered to the Buyer or until the Buyer proves that the goods have been sent back to the Seller, unless the Seller suggests that the goods be picked up personally or by a person authorized by the Seller.
12. The buyer shall bear the cost of returning the goods to the seller or the person authorized by the seller to take over the goods. This shall not apply if the Seller has agreed to bear them alone or if he has failed to fulfill his obligation under Section 3 (1). 1 (a) i) Consumer Protection Act at Distance Sales.
13. The buyer shall only be liable for the reduction of the value of the goods resulting from the handling of the goods which is beyond the treatment necessary to establish the characteristics and functionality of the goods. The consumer is not liable for the reduction of the value of the goods if the seller has not complied with the information obligation on the consumer's right to withdraw from the contract pursuant to § 3 par. 1 (a) h) Consumer Protection Act at Distance Sales.
14. The Seller is obliged to return to the Buyer the purchase price for the goods in the same manner as the Buyer used to pay, unless the Buyer agrees to another method of refund without additional fees being charged to the Buyer.
15. In the event that the buyer withdraws from the contract and delivers the goods used, damaged or incomplete to the seller, the buyer undertakes to pay to the seller:
a) the value by which the value of the goods has been reduced within the meaning of the provision § 457 of the Civil Code in actual amount
b) costs incurred by the Seller in connection with the repair of the goods and their restoration to the original state calculated according to the price list for post-warranty service of goods.
The Buyer is obliged, in accordance with this Claims and Business Terms and Conditions, to pay the Seller compensation in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal.
16. In accordance with § 7 para. Article 6 (6) of the Consumer Protection Law in distance selling, the buyer may not withdraw from the contract concerning: - the sale of goods made to specific consumer requirements, custom goods or goods specifically intended for one consumer, it is appropriate to return it for reasons of health or hygiene and whose protective packaging has been damaged after delivery, otherwise than on a tangible medium if its provision was initiated with the express consent of the consumer and the consumer declared that he was duly advised that, by expressing this consent, he / she loses the right of withdrawal. after the service has been fully provided .
17. Establishments sec.. 10 of these Terms of Business and Complaints do not expressly apply to entities that do not meet the consumer's definition in § 2 let. a) Law.