"The law says that every consumer can, without giving any reason, withdraw from a distance or off-premises contract within a 14-day period. At the same time, it lists several types of situations where it is impossible to withdraw from the contract, " says Lukáš Zelený, head of the legal department of consumer organization dTest.
You can not withdraw, for example, from a tailor-made delivery contract or when it comes to hygienic items sold in a sealed package that has been unpacked . This is so simply because things like prescription glasses or unwrapped toothbrush are not re-sold. Thus, in legitimate cases, the law provides protection for entrepreneurs against frivolous customers who do not reasonably anticipate their purchase. The same rule applies to products that are subject to rapid perish, such as food or cut flowers .
"Sometimes, however, the lawyers of the situation are shy. The law can not remember everything and we encounter situations where the right of withdrawal is debatable. There are, for example, different opinions on whether it is possible to return an expanded earbud with replaceable earplugs or a carpet that you can choose for yourself, " says Lukas Zeleny. In the first case, it is necessary to judge carefully whether the product packaging fulfills a certain hygienic function and whether the goods can be put up for sale in a state of capable. In the second case, it can be assumed that the goods in the same embodiment are also offered to other customers. If you only choose mechanically from a merchant's offer without giving you room to take into account individual needs, it's not tailor-made.
It is not possible to return CDs and DVDs with music, movies or computer software if their original packaging is broken. This is not the reason for not selling but the protection of copyright. It is understandable that even the newspapers you have already read can not send the e-shop back. Also pay attention to buying tickets for various cultural events or binding booking of accommodation. Even in these cases, the trader is not required to accept your withdrawal.
It's a bit different in services . If you order them over the Internet or out of the usual business premises, you should not start providing them before the statutory 14-day withdrawal period expires. "If you did so without your explicit consent, you would have the right to withdraw from the contract and request a full refund even if the ordered service had already been fully provided. By saying that you agree to start providing services before the end of the 14-day period, you will in the first instance renounce your rights to withdraw from the contract, " explains Lukáš Zelený.
The fact that you do not have the right to withdraw from the contract without giving a reason, but does not mean you can not complain. "If the purchased goods or the service provided do not meet your requirements, you may claim defective performance within two years of purchase. However, your primary claim in the complaint is a free repair and not a refund of the purchase price, " says Green.
Source: tz, dtest.cz
