Right of withdrawal
The consumer can exercise the right provided for in Article 20 of Government Decree 45/2014 (26.II.) by means of a clear declaration to this effect or by using the declaration template that can be downloaded from the website.
DOWNLOADING THE DECLARATION OF ACCEPTANCE
Information on the consumer’s right of withdrawal
The consumer has the right to withdraw from the contract under the Civil Code. According to Article 8:1, paragraph 1, point 3, only natural persons acting outside the scope of their profession, self-employed occupation or business activity are considered to be consumers, so legal persons may not exercise the right of withdrawal without giving reasons!
The consumer has the right to withdraw without giving reasons according to Article 20 of Government Decree 45/2014 (26.II.). The consumer may exercise his right of withdrawal
a) In the case of a contract for the sale of goods
aa) the Goods,
ab) in the case of the sale of several Goods, if the delivery of each Good is made at a different time, to the Goods last delivered,
or by a third party other than the carrier and indicated by the consumer, which period shall be 14 calendar days.
Nothing in this clause shall affect the consumer’s right to exercise his right of withdrawal under this clause during the period between the date of conclusion of the contract and the date of receipt of the Goods.
If the consumer has made an offer to conclude the contract, the consumer shall have the right to withdraw the offer before the conclusion of the contract, which shall terminate the obligation to make an offer to conclude the contract.
Withdrawal notice, exercise of the consumer’s right of withdrawal or termination
The consumer may exercise the right provided for in Article 20 of Government Decree No. 45/2014 (26.II.) by means of a clear declaration to this effect or by using the model declaration that can be downloaded from the website.
Validity of the consumer’s withdrawal
The right of withdrawal is deemed to have been exercised within the time limit if the consumer sends his declaration within the time limit.
In the case of written withdrawal or notice of termination, it is sufficient to send the statement of withdrawal or notice of termination within the time limit.
The burden of proof that the consumer has exercised his right of withdrawal in accordance with this provision shall lie with the consumer.
The Seller shall acknowledge the consumer’s withdrawal on an electronic medium upon receipt.
Obligations of the Seller in the event of withdrawal by the consumer
The seller’s obligation to refund
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall reimburse the total amount paid by the consumer as consideration, including the costs incurred in connection with the performance, including the delivery fee, within fourteen days of becoming aware of the withdrawal at the latest. Please note that this provision does not apply to additional costs caused by the choice of a mode of transport other than the least costly usual mode of transport.
Method of reimbursement by the Seller
In the event of withdrawal or termination in accordance with Article 22 of Government Decree 45/2014 (26.II.), the Seller shall reimburse the amount refunded to the consumer in the same way as the consumer used the payment method. Subject to the express consent of the consumer, the Seller may use another method of payment for the refund, but the consumer shall not be charged any additional fee as a result. The Seller shall not be liable for any delay due to the incorrect and/or inaccurate bank account number or postal address provided by the Consumer.
Additional costs
If the consumer explicitly chooses a mode of transport other than the least costly usual mode of transport, the Seller is not obliged to reimburse the additional costs resulting from this. In such a case, we shall be obliged to reimburse up to the amount of the standard delivery charges indicated.
Right of retention
The Seller may withhold any amount due to the consumer until the consumer has returned the Goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. We are not able to accept consignments sent by cash on delivery or by post.
In the event of withdrawal or termination of the consumer’s obligations
Return of the Goods
If the consumer withdraws from the contract in accordance with Article 22 of Government Decree 45/2014 (26.II.), the consumer is obliged to return the Goods immediately, but no later than fourteen days from the date of the withdrawal, or to hand them over to the Seller or to a person authorised by the Seller to take delivery of the Goods. The return shall be deemed to have been effected in time if the consumer returns the goods before the expiry of the time limit.
Payment of direct costs related to the return of the Goods
The consumer bears the direct cost of returning the Goods. The Goods must be returned to the Seller’s address. If the consumer terminates an off-premises or distance contract for the provision of a service after the performance has begun, he must pay the trader a fee proportionate to the service provided up to the date of notification of the termination to the trader. The amount to be paid by the consumer pro rata shall be determined on the basis of the total amount of the consideration laid down in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. Please note that we are not able to accept goods returned by cash on delivery or postage paid.
Consumer’s liability for depreciation
The consumer is liable for depreciation resulting from the use of the Goods beyond the use necessary to determine their nature, characteristics and functioning.
If the right of withdrawal cannot be exercised or can only be exercised subject to conditions under the applicable legislation, the Consumer shall not be entitled to use the goods for trial purposes.
The right of withdrawal cannot be exercised in the following cases
The Seller expressly draws your attention to the fact that you may not exercise your right of withdrawal in the cases provided for in Article 29 (1) of Government Decree 45/2014 (II.26.):
1;
2. in respect of goods or services whose price or price is subject to fluctuations which are beyond the control of the financial market undertaking and which are possible even during the period laid down for exercising the right of withdrawal;
3. in the case of goods which are not prefabricated and which have been produced on the instructions or at the express request of the consumer or which are clearly personalised for the consumer;
4. in respect of perishable goods or goods which retain their quality for a short period;
5. for sealed Goods which cannot be returned after opening after delivery for health and hygiene reasons;
6. for Goods which, by their nature, are inseparably mixed with other Goods after delivery;
7. in respect of an alcoholic beverage the real value of which is dependent on market fluctuations in a manner beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the contract of sale but the contract is not performed until 30 days after the date of conclusion;
8. in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;
9. for the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;
10. in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;
11. for contracts concluded by public auction;
12. for contracts for the provision of accommodation, transport, car rental, catering or leisure activities, with the exception of housing services, where the contract has a specific performance date or time limit;
13. in respect of digital content supplied on a non-tangible medium, where the seller has commenced performance with the consumer’s express prior consent and the consumer has, at the same time as giving that consent, acknowledged that he will lose his right of withdrawal once performance has begun and the undertaking has sent the consumer a confirmation
