Also you seller refused to recognize the withdrawal, referring to hygienic reasons, because you have been removed from the packaging goods? This is a favorite trick of traders to deprive you of your rights. In fact, a legal exception far beyond any sealed goods.
"The consumer is entitled by law to verify the features and functionality of the delivered goods. It means that goods can only unpack, but try. Restrictions on when you can not exercise the right of withdrawal, the law. Because it is an exception to the general rule should be interpreted as closely as possible, "says Luke Green, head of the legal department Dtest.
Nowadays, almost everything sold in some, even a tightly closed container. This fact alone does not mean that if his opening automatically lose the right to withdraw from the contract. Within the meaning of the statutory exceptions can the term "confinement" imagine sealed or sealed container or foil, which shall perform the functions of hygienic packaging. Prevent loose unpacking of goods to prevent damage or deterioration.
"If your seller refuses to recognize the withdrawal for reasons of hygiene, for example, when buying clothing or other goods that can be routinely try it in a physical store, do not be discouraged and insist on the resignation. This argument is contrary justified in the case of some cosmetics or sex toys, "says Luke Green.
In the case of legal exceptions because the condition has sealed package also accept the fact that goods can not be returned after its removal from the container for hygienic reasons. Goods called. Hygienic packaging can not be returned, not because they were merely unpacked and could or have been using it, but it must be true for hygienic reasons or reasons of health.
Source: tz dTest.cz
