WITHDRAWAL FROM THE PURCHASE CONTRACT
The Purchaser acknowledges that pursuant to § 1837 of the Civil Code, it is not possible to withdraw, inter alia, from a purchase contract for the supply of the merchandise customized according to the request of the Purchaser.
If it is not the case listed under the Art. 5.1. or another case where it is not possible to withdraw from the purchase contract, then, in accordance with § 1829, Art. 1 of the Civil Code, the Purchaser has the right to withdraw from the purchase contract within fourteen (14) days from receipt of the merchandise. The Purchaser can send the withdrawal notice to the address of the Seller's place of business or to the Seller's e-mail address. For the withdrawal from the purchase contract, the Purchaser can also use the form provided by the Seller, annexed to these Terms and Conditions. form
In case of withdrawal pursuant to art. 5.2 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The merchandise must be returned to the Seller within ten (10) days from the day the withdrawal was sent to the Seller. The merchandise must be returned to the Seller in undamaged condition and, if possible, in the original packaging.
Within ten (10) days from the return of the merchandise by the Purchaser pursuant to Art. 5.3 of the Terms and Conditions, the Seller is entitled to examine the returned merchandise, in particular in order to determine whether the returned merchandise is not damaged or worn.
In case of withdrawal pursuant to Art. 5.2 of the Terms and Conditions, the costs related to the return of the merchandise shall be borne by the Purchaser.
In case of withdrawal pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the purchase price by a bank transfer to the account designated by the Purchaser, not later than within (10) days from the return of the merchandise. However, the Seller is not obliged to return the received funds to the Purchaser before receiving the merchandise from the Purchaser.
The Purchaser acknowledges that if the merchandise returned by the Purchaser is damaged, worn, or partially consumed, the Seller becomes entitled to compensation from the Purchaser for the damages suffered. The Seller is entitled to unilaterally offset the compensation for the damage suffered against the Purchaser's claim for the refund of the purchase price, or to return the merchandise to the Purchaser.
RESPONSIBILITY FOR DEFECTS, WARRANTY
The rights and obligations of the Contracting Parties regarding the liability of the Seller for defects, including the warranty liability of the Seller, shall be governed by the relevant legislation (in particular by the provisions of § 2158 et seq. of the Civil Code).
The Seller is responsible to the Purchaser for the fact that the sold item is in conformity with the purchase contract, particularly that it is free from any defects. The conformity with the purchase contract means that the sold item has the quality and properties required by the purchase contract, described by the Seller, or expected on the basis of the Seller’s ads, or the quality and properties usual for such item, that it meets the statutory requirements, it is in the appropriate quantity, volume, or weight, and that corresponds to the purpose stated by the Seller or the purpose for which such item is normally used.
The Seller provides warranty for the merchandise in the duration of 12 months, unless the merchandise or the warranty card states otherwise. The warranty period starts from the handover of the merchandise to the Purchaser; if the merchandise was shipped according to the purchase contract, it runs from the delivery of the merchandise to the place of performance. The warranty period shall be suspended from the time the complaint is filed until the time the Purchaser was obliged to accept the merchandise after the complaint has been processed. If the result of the complaint procedure is replacement of the claimed product, the warranty period starts over again from the receipt of the new merchandise. In case of replacement of a defective part, the new warranty period applies only to the replaced part of the merchandise.
The complaint must be filed immediately after the defect is discovered. Any delay and continued use of the merchandise can cause worsening of the defects, damage to the merchandise, and it can result in rejection of the complaint.
Every complaint must be accompanied by a document certifying the receipt of the merchandise or a warranty card, if issued, the actual merchandise in a complete state, cleaned, free from all impurities and hygienically safe and the claimed defect of the merchandise must be marked. The Seller is entitled to refuse to accept the merchandise for the complaint procedure if the above listed rules are not followed.
The Purchaser shall exercise the complaint by sending the merchandise to the Seller's address. Furthermore, the Purchaser must specify how the defect manifests itself and mark his choice of the rights for the liability for defects he exercises.
If the defective performance constitutes a substantial breach of the contract, the Purchaser is entitled to:
a) removal of the defect by delivering new merchandise, free of defects or delivery of any missing item,
b) removal of the defect by repairing the defect,
c) a reasonable discount from the purchase price, or
d) withdraw from the contract.
The Purchaser shall notify the Seller about his choice of the right exercised, when reporting the defects or without any undue delay after reporting the defect. If the Purchaser does not choose the right in time, the Purchaser shall have the rights as in the case of unsubstantial breach of contract in accordance with § 2107 of the Civil Code.
If the defective performance constitutes an unsubstantial breach of the contract, the Purchaser has the right for removal of the defect or a reasonable discount from the purchase price.
In case of exercising the right for removal of the defect by repairing the item, the Purchaser has the right to have the defect removed timely and for free. The Seller is obliged to remove the defect without any undue delay, but in any case no later than 30 calendar days from the date of the complaint. Removable defects are such defects that can be removed by repairing the item without compromising the look, functionality, and quality of the product.
Change (properties) of the merchandise occurring during the warranty period due to its wear and tear, misuse, inadequate or improper maintenance, natural variations in the material of which the merchandise is made, or due to any damage caused by external or another improper intervention of the Purchaser or a third party are not considered as defect of the merchandise.
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