Withdrawal from the contract
The Consumer's right to withdraw from the Agreement
If the Contract is concluded using means of remote communication (in the online store), the Consumer has the right to withdraw from the Contract within 14 days of receiving the goods. In such a case, the Consumer contacts the seller and preferably states in writing that he withdraws from the Agreement, stating the order number, date of purchase and account number for the refund. Withdrawal from the contract must be delivered no later than the last day of the 14-day period. E-mail is also accepted as a form of delivery.
However, this provision of the law cannot be understood as the possibility of free borrowing of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must hand over to the supplier everything that he obtained on the basis of the contract. If this is no longer possible (e.g. in the interim the goods were destroyed but used), the Consumer must provide monetary compensation as a consideration for what can no longer be issued. If the returned goods are only partially damaged, the seller can apply to the Consumer the right to compensation for damages and offset his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage incurred. In such a case, the Seller returns the reduced purchase price to the Consumer.
In addition, the seller can add to the purchase price, which is to be returned to the buyer, the costs actually incurred in connection with the return of the goods (transportation costs, etc.).
The consumer does not have the right to withdraw from the contract, in the case of contracts:
for the provision of services, if their performance was started with his consent before the expiry of the period of 14 days from taking over performance,
for the delivery of goods modified, manufactured or manufactured according to the wishes of the buyer or according to his specific needs and wishes, such as products of intellectual property or artistic activity that cannot be sold to other customers after modification (e.g. a specially created T-shirt with the customer's name based on individual requirements communicated to the seller, etc.).
The Entrepreneur's right to withdraw from the Contract
The buyer, who is an entrepreneur, is not entitled to withdraw from the Contract, unless the law or the Contract or the General Terms and Conditions provide otherwise.
The seller is entitled to withdraw from the contract due to the stock being sold out, the unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the contract stopped production or made such serious changes that made it impossible to fulfill the seller's obligations arising from the contract or for reasons of force majeure, or if even when making all the efforts that can be fairly required of him, he is not able to deliver the goods to the buyer within the period determined by these GTC or at the price indicated in the online store. The seller is obliged to immediately inform the buyer of this fact and to return to him the already paid deposit for the goods agreed in the Contract within 14 days from the notification of withdrawal from the Contract by transfer to the account designated by the buyer, unless the parties agree otherwise. The seller is entitled to withdraw from the contract even if the buyer has not taken over the goods within five working days from the date on which the buyer was obliged to take over the goods.