Returns and Refunds
The Buyer has the right to withdraw from the Purchase contract without giving a reason and without any penalty within 14 days. This period begins on the date of conclusion of the contract:
- In the case of a Purchase contract, from the date of receipt of the goods by the Buyer or a third party designated by him (other than the carrier).
- In the case of a contract having as its object several types of goods or the supply of several parts, from the date of taking over the last delivery of the goods by the Buyer or by a third party designated by him (other than the carrier).
- In the case of a contract the subject of which is the regular repeated delivery of goods, from the date of receipt of the first delivery of goods by the Buyer or a third party designated by him (other than the carrier).
The Buyer withdraws from the contract in writing, via the Seller's e-mail, ie to the e-mail firstname.lastname@example.org. In withdrawal, the Buyer is obliged to state his name and surname, order number and date of dispatch of the order (date of purchase).
To withdraw from the Purchase contract, the Buyer can use the Seller's form.
In the case of the Buyer's withdrawal from the contract, the Purchase contract is canceled from the beginning. The Buyer is obliged to send or hand over the goods to the Seller without undue delay, but no later than within 14 days from the date on which the withdrawal from the Purchase contract was delivered to the Seller. The goods must be returned to the Seller unused, undamaged and unworn, with all accessories (with all labes and tags) and with complete documents (invoice, receipt) and in the original packaging. The Buyer is obliged to send the goods to the correspondence address of the Seller (delivery address), specified in paragraph 1 of the Terms and Conditions. The Buyer acknowledges that all costs associated with the return of goods are paid by the Buyer.
The Seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are not used, damaged, worn or otherwise partially consumed. The Seller is entitled to unilaterally set off the right to compensation for damage caused to the returned goods by the Buyer against the Buyer's right to a refund of the purchase price.
If the Buyer withdraws from the Purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods were sent to the Seller.
In the event of the Buyer's withdrawal from the contract, the Seller will return the purchase price to the Buyer within 10 days of receiving the goods, including already paid shipping costs, to the account designated by the Buyer or to the account from which the Buyer paid the purchase price.
All costs associated with the return of goods are borne by the Buyer.
This entire article does not apply to a Purchase contract that has been concluded with an entrepreneur within the meaning of § 420 of the Civil Code (hereinafter "entrepreneur"). Entrepreneurs are entitled to withdraw from the contract only for reasons stated in the Civil Code.
Buyer's responsibility for reducing the value of returned goods
In connection with the withdrawal from the Purchase contract under the previous article, the Buyer is not responsible for the reduction of the value of the goods due to handling the goods in a way necessary to become familiar with the nature and characteristics and acquaint the properties of the goods in the brick and mortar.
In the event that the goods are delivered to the Seller damaged, worn or used (other than in a manner necessary to become familiar with the nature and properties of the goods), the Buyer is responsible to the Seller for the reduction in the value of the goods caused. In such a case, the Seller is entitled to set off his right to a reduction in the value of the returned goods against the Buyer's right to a refund of the price of the goods. Damage to the goods is not considered to be damage to the original packaging caused by unpacking the goods.
Liability for defects and quality guarantee
The provisions set out later in this article do not apply to a Buyer who is an entrepreneur, resp. if the purchase concerns the business activity of the Buyer, unless the Civil Code provides otherwise. These provisions thus apply exclusively to consumers.
By guaranteeing the quality, the Seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. The warranty period runs from the delivery of the item to the Buyer. If the goods have been sent under the contract, the warranty period runs from the delivery of the goods to the destination.
The seller is responsible to the Buyer for the fact that the sold thing is in accordance with the Purchase contract, especially that it is without defects. Compliance with the Purchase contract means that the sold thing has the quality and useful properties required by the contract, described by the Seller, manufacturer or his representative, or expected on the basis of advertising, or the quality and useful properties usual for a thing of the kind that meets the requirements of law and corresponds to the purpose stated by the Seller for the use of the thing or for which the thing is usually used.
The Seller is responsible to the Buyer that the goods are free of defects at the time of receipt by the Buyer. In particular, at the time when the Buyer took over the goods:
- Does the goods have the properties agreed upon by the parties, or has such properties that the Seller explicitly stated on the web interface of the online store (usually in the description of the goods) and which is stated in the Purchase contract or which the Buyer could expect .
- The goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model.
- The goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used.
It is the goods in the appropriate and agreed quantity, measure or weight.
- The goods comply with the requirements of legal regulations.
In the event that the goods are not in accordance with the Purchase contract upon receipt by the Buyer (hereinafter "conflict with the Purchase contract"), the Buyer has the right to get the goods exchanged free of charge and without undue delay or repaired to the condition corresponding to the Purchase contract. If such a procedure is not possible, the Buyer may request a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the Buyer knew about the conflict with the purchase contract before taking over the goods or caused the conflict with the Purchase contract himself.
If the goods become defective within 6 months of receipt by the Buyer, it is considered that the goods were defective at the time of receipt.
The Buyer is entitled to use this right to a defect that occurs in the goods within 24 months of receipt.
If this is not disproportionate due to the nature of the defect, the Buyer may request the delivery of new goods without defects. But if the defect concerns only a part of the goods, the Buyer may only request the replacement of the part. If such a procedure is not possible, the Buyer may withdraw from the Purchase contract. However, in the case of such a defect of goods, the exchange of which for new goods would be disproportionate due to the nature of the defect (especially if the defect can be removed without undue delay), the Buyer is only entitled to free removal of the defect.
The Buyer has the right to obtain new goods (or replacement parts) even in the case of a remediable defect, if he cannot use the goods properly for repeated occurrence of the defect after repair (third claim for the same defect) or for a larger number of defects. In this case, the Buyer also has the right to withdraw from the Purchase contract.
If the Buyer does not withdraw from the Purchase contract or if he does not use the right to deliver new goods (or parts thereof) without defects or to repair the goods free of charge, he may request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its part or repair the goods.
The Seller is responsible for defects arising after receipt of the goods during the 24 month warranty period. During this period, the Buyer can use his rights from defective performance and, at his option, demand a fix of a defect that constitutes a material breach of the Purchase contract (regardless of whether the defect is remediable or irremediable):
- Elimination of the defect by delivery of a new piece of goods without a defect or by delivery of the missing goods.
- Free removal of defects by repair.
- A reasonable discount from the purchase price of defective goods.
- Withdrawal from the Purchase contract (and refund of the purchase price).
A material breach of the Purchase contract is considered to be a breach of the Purchase contract, which the contracting party breaching the Purchase contract already knew at the time of concluding the Purchase contract, or should have known that the other party would not enter into the Purchase contract if it foreseen the breach.
In the case of a defect that means a minor breach of the Purchase contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
The rights arising from defective performance do not belong to the Buyer (or the goods are not defective) in the following cases:
- If the goods were sold as defective at a lower price and this defect was stated in the specification of the specific goods or a lower price was agreed for this defect. The same applies to used goods to the extent corresponding to the degree of previous use or wear of the goods that the goods had when taken over by the Buyer.
- If there is a change in the properties of the goods, which is caused by wear and tear caused by normal use, improper use of goods, including non-compliance with instructions for use and maintenance, insufficient or inappropriate maintenance of goods (eg improper washing, ironing, use of incorrect detergent, etc. .), a natural change in the materials from which the goods are made, damage by the Buyer, a third party or damage caused by force majeure and in other cases stipulated by the Civil Code.
- If the Buyer knew about the defect before taking over the goods (eg if it was explicitly and clearly stated in the description of the goods in the Purchase contract).