Exerpt from the Terms and Conditions about Return Policy:
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer notes that, in accordance with the provisions of Sec.1837 of the Civil Code, it shall not be entitled, among others, to withdraw from the Purchase Agreement on the delivery of goods which have been modified at the request of the Buyer or its personal use, from the Purchase Agreement on the delivery of perishable goods and goods which have been irretrievably mingled with other goods, from the Purchase Agreement on the delivery of goods in sealed packaging which have been removed from the packaging by the consumer and which cannot be returned for hygiene reasons.
5.2. Unless the case comes under Article 5.1 of the Terms and Conditions or another case where the Purchase Agreement cannot be withdrawn from, the Buyer shall be entitled, in accordance with the provision of Sec. 1829(1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days from the receipt of goods, the withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. Withdrawal from the Purchase Agreement may be sent, besides other, to the address of the Seller’s location or to the Seller’s electronic address email@example.com.
5.3. In the event of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Purchase Agreement shall be invalidated. Taking into account the nature of the goods, the Buyer takes note that it can only return raw spreads and nut creams within 14 days. The Buyer must return the goods to the Seller in an unopened packaging with protective seals or stickers intact within fourteen (14) days from the delivery of the withdrawal from the Purchase Agreement to the Seller. Should the Buyer withdraw from the Purchase Agreement, the costs of returning the goods shall be borne by the Buyer, even if the goods cannot be returned in the usual manner by post due to their nature.
5.4. In the case of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller has received the funds from the Buyer, i.e. the funds shall be returned to the same bank account from which they were transferred. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees with it and no additional costs incur to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer has returned the goods and the Seller has checked the integrity of the goods packaging.
5.5. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Sec. 1829 (1) of the Civil Code, the Seller shall also be entitled to withdraw from the Purchase Agreement at any time until the goods have been received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, this being in a cashless manner to the bank account indicated by the Buyer.
5.6. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and Buyer is concluded under a resolutory condition whereby, in the event that the Buyer withdraws from the Purchase Agreement, the gift contract for such gift shall become void and the Buyer shall be liable to return the provided gift together with the goods.
- TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the mode of transport has been agreed based on a specific requirement of the Buyer, the risk and costs associated with this mode of transport are borne by the Buyer.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer shall be obliged to take over the goods upon delivery.
6.3. If it is necessary, for reasons on the side of the Buyer, to deliver the goods repeatedly or in a different manner than that specified in the Order, the Buyer shall be obliged to cover the costs relating to repeated delivery of goods, or costs relating to a different method of delivery.
6.4. The Buyer shall be obliged to check the integrity of the goods’ packaging on acceptance of the goods from the carrier, and in the event of any defects whatsoever, to immediately inform the carrier of this. If the packaging shows signs of damage indicating unauthorised opening of the consignment, the Buyer doesn’t have to accept the consignment from the carrier. This shall not restrict the Buyer’s rights of the defective performance and other rights of the Buyer arising from the generally binding legal regulations.
6.5. The Seller shall not be liable for damage to the goods or failure to deliver the goods caused by the carrier.
6.6 Other rights and obligations of the parties concerning the transport of goods may be provided for in special delivery terms of the Seller if issued by the Seller. The Seller shall not be liable for the quality of supplied goods, particularly that of chocolate products transported at temperatures of more than 22°C. Transport of chocolate goods in warm periods is not recommended.
- RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the Contracting Parties regarding rights from defective performance shall be governed by the respective generally binding legislation (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., Consumer Protection Act as amended).
7.2. The Seller shall be liable to the Buyer for the goods being free from defects on acceptance. The Seller shall in particular be liable to the Buyer for ensuring that, at the moment of goods acceptance by the Buyer, the goods:
7.2.1. exhibit the properties which the parties agreed on, and if no such agreement exists, that the goods exhibit such properties which the Seller or the manufacturer described or which the Buyer expected in view of the nature of the goods and on the basis of advertising performed by the Seller or the manufacturer,
7.2.3. The Seller shall not be liable for any change in properties of supplied goods caused as a result of transport, particularly in warm weather. (Article 6(6))
7.2.4. the goods are suitable for the purpose which the Seller specifies as their purpose or which goods of this type are usually used for,
7.2.5. the goods correspond in quality or design to the contracted sample or model, provided the quality or design was determined according to the contracted sample or model,
7.2.6. the goods are provided in the appropriate quantity, scope or weight and
7.2.7. the goods comply with the requirements of the legislation.
7.3. The Seller shall have obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. Where the goods sold, their packaging, instructions attached to the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties.
7.4. The Buyer may exercise its rights from liability for defects of the goods by sending a written complaint to the address: Rawolution s.r.o., Na Skalce 20, 25101 Popovičky, or an electronic mail to the address firstname.lastname@example.org.
7.5. The Buyer shall inform the Seller which right it wishes to exercise at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the Buyer asks for repair of the defect, which proves to be irreparable.
7.6. If goods lack the properties specified under Article 7.2 of the Terms and Conditions, the Buyer may also require new goods without defects to be delivered to it, unless it is disproportionate to the nature of the defect. In such a case the Buyer shall be entitled to withdraw from the Purchase Agreement.
7.7. In the event of a complaint, the Buyer shall be obliged to return the goods claimed to be defective to the address of the Seller together with a document of the postage paid. When making a claim for the goods, the Buyer shall be liable to provide the Seller with photo documentation showing that the goods lack the properties indicated in the offer or these goods description. The Seller shall provide its statement concerning the claim within a period of 14 days.
7.8. The Seller shall examine the goods under complaint/photo documentation and should the complaint be accepted, the Buyer shall be supplied a new product and refunded the postage costs or it shall be refunded the amount paid for the defective product. If the return is not accepted, the Buyer shall not be refunded the costs of returning the product. The refund shall be made to the bank account of the Buyer from which the payment for the goods was transmitted.