Withdrawal from the purchase agreement by the Buyer
1. If the purchase agreement is concluded through means of remote communication (through the internet shop), the Buyer is entitled, pursuant to § 1829 et seq. Civil Code, to withdraw from the agreement within 14 days since the day of goods acceptance without stating the reason. In such case the Buyer shall contact the seller in writing and state he is withdrawing from the agreement, while including the order number, date of purchase and account number for refund. In the event of withdrawal from the agreement, the purchase agreement becomes void.
2. The Buyer acknowledges that according to § 1837 of the Civil Code he/she cannot withdraw from the purchase agreement in the cases stipulated herein, in particular in the event of the delivery of goods that was adjusted based on the Buyer’s requirements or for him/her.
3. In the event of withdrawal from the agreement, the goods must be returned to the Seller within fourteen (14) days since the Buyer withdraws from the agreement. The Buyer is entitled to receive the refund of shipping costs only in the lowest offered amount.
4. In the event the Buyer withdraws from the purchase agreement, the Buyer bears the costs related to the goods return to the seller even in the event when the goods cannot be returned via standard post due to its character.
5. In the event the Buyer rightfully withdraws from the purchase agreement, the Operator is obligated, with no unnecessary delay and within 14 days at the latest after the withdrawal, to return all monies including shipping costs of the goods corresponding to the lowest shipping costs, basically in the same manner as he/she accepted them. The entrepreneur refunds to the consumer all received monies in another way only if the consumer agrees to it and if he/she does not incur further costs.
6. In the event the Buyer withdraws from the purchase agreement, the Operator is not obligated to refund accepted monies to the Buyer before the Buyer hands over the goods to the Operator. The seller is entitled to factor in compensation for damaged goods unilaterally against the Buyer’s claim for the purchase price refund.
7. In the event the Buyer withdraws from the purchase agreement unrightfully and will return the goods to the Operator, the goods shall not be accepted, or the goods shall be dispatched back to the Buyer at the Buyer’s expense.
Withdrawal from the purchase agreement by the Operator
8. The Operator ensures he/she has good awareness of the market related to the goods he/she sells; however, there can be exceptional situations when he/she will not be able to deliver the ordered goods for the conditions agreed in the purchase agreement. The Operator, therefore, reserves the right to withdraw from the purchase agreement in such cases.
9. The Operator as well as the Buyer are also entitled to withdraw from the purchase agreement when the goods were offered for an incorrect price by mistake and the Buyer has not accepted the appropriate change of the purchase agreement, i.e. an increase in the price or shipping costs.
10. Up until the Buyer’s acceptance of the goods, the seller is entitled to withdraw from the purchase agreement at any time.
11. If the Operator withdraws from the purchase agreement, he/she is obligated to immediately notify the Buyer electronically to the email stated by the Buyer in the order. Hereinafter, the Operator is obligated to return to the Buyer the full price of the goods
if it has been already paid.
Rights associated with defective performance
12. Rights and obligations of the contractual parties regarding the rights associated with defective performance are governed by generally binding regulations (in particular § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
13. The Buyer is obligated to enforce the right associated with defective performance that occurs on consumer products within the statutory period, i.e. 24 months from the acceptance.
14. The seller is liable to the Buyer that the goods are faultless upon acceptance.
In particular, the seller is liable to the Buyer that upon acceptance of the goods by the Buyer:
a. the goods have characteristics that the contractual parties agreed on and if there is no such agreement, it has such characteristics that the seller or manufacturer described or that the Buyer expected considering the character of the goods and based on the advertising of the goods,
b. the goods are suitable for the purpose that the seller states or for the purpose that the goods are usually used for,
c. the goods’ quality or finish corresponds to the agreed sample or artwork if the quality or finish had been determined based on an agreed sample of artwork,
d. the goods are in sufficient quantities, amount, or weight and
e. the goods comply with requirements of legal regulations.
15. In the event a fault appears within the first 6 months since acceptance, the goods are considered to have been faulty upon acceptance.
16. Rights associated with defective performance are claimed by the Buyer against the seller at his/her aforementioned address. The complaint is raised at the moment when the seller receives the claimed goods from the Buyer.
17. When exercising the right associated with defective performance the Buyer is obligated to prove the conclusion of the purchase agreement. The Operator recommends to particularly present the invoice (purchase receipt) for this purpose.
18. The Buyer is obligated to point out a fault to the seller, i.e. submit a description of the goods’ fault for which he/she makes a complaint.
19. The right associated with defective performance does not apply to the Buyer if the Buyer, before accepting the product, knew that the product was faulty or if the Buyer caused the defect himself/herself.
20. If the Operator does not reject the complaint, he/she issues to the Buyer a confirmation about complaint acceptance that will include, among other things, identification of the Operator and the Buyer, what the complaint includes according to the Buyer, which type of complaint resolution the Buyer is requesting, a date and location of complaint acceptance and a signature of an employee of the Operator.
21. The Operator must send a notification to the Buyer about the resolution of the complaint and the type of resolution to the email stated by the Buyer as part of the complaint or by using other contact details that can be used for such notification. The Operator states the deadline for collecting the claimed goods in this notification.
22. In the event the Buyer fails to collect the claimed goods within the time limit set by the Operator, the Operator is entitled to charge a reasonable storage fee to the Buyer or sell the goods at the expense of the Buyer through self-help. The Operator must inform the Buyer about this approach in advance and should provide a sufficient period for collection of goods.
23. Other rights and obligations of the contractual parties relating to the liability of the seller for defects may be governed by the seller’s complaint procedure.