The seller of massage pads can come across in any shopping center. Their sales practices from those of demonstration events much different, do not respect the right to withdraw from the contract and also coming up with new ways to give dissatisfied customers checkmate - the last such argument is "mobile facility".
The "bargain" buys massage pads in the ordinary course of trade center has your experience been many consumers. This form of selling its products such as Health & Beauty Company Ltd., which was until recently in the insolvency proceedings or Balamia Ltd., which is currently in liquidation. "Now the Hotline dtest facing similar practices of Sale Mogebon Ltd., which jednatelce listed in the commercial register is only 18 years old. The business activity of the company is almost identical with the above, "warns Luke Green, head of the legal department dtest. The corridors of shopping centers attract passers-seller in its so-called "mobile premises." If you sit in the chair, a process similar demonstration event - we will draw a 50% discount, so you massage cushion has been worth CZK 12,000, but "only" 5,990 CZK. Will also include a lot of information about health-promoting properties of the product.
If the customer later decides to return the goods, the seller reacts report containing the reasons for withdrawal from the contract can not be recognized. Mogebon Company Ltd. has come up with new reasons why you can not return the money. The contract was reportedly signed the so-called mobile premises in accordance with § 17 of the Trade Licensing Act. "Underlying this argument is the fact that what is closed on the premises, is not closed off business premises. Seller hereby neglects or deliberately ignoring the provisions of the new Civil Code, which defines the contracts concluded away from business premises. In such cases, the customer is entitled to withdraw from the contract within 14 days without giving any reason and without penalty, "said Luke Green.
Even in cases where the contract was concluded in mobile premises, the consumer has the right to withdraw from the contract if it was a while before closing approached outside such establishment (pursuant to § 1828, paragraph 2, point. A) of the Civil Code). In these situations, however, consumers usually have no choice other than to enforce their rights through the courts, but with an uncertain outcome.
Source: tz
