1. If the seller becomes unable to fulfill his obligations under the contract of sale because of the sell-out of stock, unavailability of goods or if the manufacturer, importer or supplier of goods agreed in the contract of sale has discontinued production or made such serious changes that the Seller’s obligations under the Purchase Agreement or for reasons of force majeure, or if, despite all reasonable efforts to do so, the Seller is unable to deliver the goods to the Customer within the period specified by these Terms and Conditions or at the price specified in the order, immediately inform the buyer of this fact and at the same time he is obliged to offer the buyer a substitute performance or the possibility for the buyer to withdraw from the purchase contract (cancel the order). If the Buyer withdraws from the Purchase Agreement for the reasons stated in this Clause of these Complaints and Terms and Conditions, the Seller is obliged to return to the Buyer already paid advance payment for the goods agreed in the Purchase Agreement within 14 days from the notice of withdrawal. .
2. The buyer is entitled to withdraw from the contract of sale without giving a reason in accordance with the provisions of Art. § 7 et seq. Act no. 102/2014 Z.z. on Consumer Protection in Distance Selling (hereinafter referred to as the “Consumer Protection Act in Distance Selling”) within 14 days of receipt of goods, respectively. from the date of conclusion of the contract for the provision of the service or the contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled the information obligations under § 3 Consumer Protection Act.
3. The Buyer shall have the right to unpack and test the goods within the same period of time after acceptance in a manner similar to that usual for a classic stone shop, to the extent necessary to ascertain the nature, characteristics and functionality of the goods.
4. The start of the withdrawal period shall begin on the date on which the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the goods ordered or
(a) supplies goods consisting of several parts or pieces from the date of receipt of the last part or piece;
b) the goods ordered by the buyer in one order are delivered separately from the date of receipt of the last goods delivered,
(c) on the basis of the contract, supplies the goods repeatedly for a specified period from the date of receipt of the first goods delivered.
5. The buyer may withdraw from the purchase contract, the subject of which is the purchase of goods even before the start of the withdrawal period.
6. In the event of withdrawal from the contract, a written form shall be required, in such a way as to avoid any doubt that the withdrawal was in error or in the form of an entry on another durable medium, or by means of a form attached to Annex No. 1 of these Terms and Conditions. The withdrawal period shall be deemed to have been maintained if the withdrawal notice was sent to the seller at the latest on the last day of the period according to the provisions of Art. § 7 par. 1 of the Consumer Protection Act.
7. Withdrawal from the Purchase Agreement pursuant to the preceding point of these Terms and Conditions must contain the information required in the withdrawal form attached to Annex no. 1 of these terms and conditions, in particular the buyer identification, the order number and date, the exact specification of the goods, the way the seller is to return the already received performance, in particular the account number and / or mailing address of the buyer.
8. In the event of withdrawal from the Purchase Agreement by the Buyer, any supplementary contract related to the Purchase Agreement from which the Buyer has withdrawn shall also be canceled from the beginning. No costs or other payments related to the cancellation of the ancillary contract may be demanded from the buyer, except for the costs and payments referred to in Art. § 9 par. 3, ust. § 10 par. 3 and 5 of the Act on Consumer Protection in Distance Selling and Service Prices, if the service contract is the subject of the contract and the service has been fully provided.
9. Within 14 days from the date of withdrawal from the purchase contract, the buyer is obliged to send the goods back without delay to the address of the operator or hand it over to the seller or the person authorized by the seller to take over the goods. This shall not apply if the seller has proposed to collect the goods in person or through a person authorized by him. The period referred to in the first sentence of this point of these Terms and Conditions shall be deemed to be maintained if the goods were handed over for carriage no later than the last day of the period
10. The buyer is obliged to deliver the goods to the seller, including complete documentation, undamaged, preferably in the original packaging and unused.
11. Cash on delivery items will not be accepted by the seller. It is recommended to insure the goods. The Seller shall, without undue delay and within 14 days of the date of receipt of the notice of withdrawal, refund to the Buyer all payments received from him under or in connection with the Purchase Agreement, including shipping, delivery and shipping costs and other costs and charges . The Seller shall not be obliged to return to the Buyer payments under this clause of these Terms and Conditions before the goods are delivered or until the Buyer proves the goods are returned to the Seller, unless the Seller suggests collecting the goods in person or through a person authorized by him.
12. The cost of returning the goods to the seller shall be borne by the buyer. The goods will be returned directly to the seller or the person authorized by the seller to take over the goods. This shall not apply if the seller has agreed to bear these costs himself or if he has not fulfilled his obligation under § 3 par. 1, par. i) Consumer Protection Act.
13. The Buyer shall only be liable for any diminution in the value of the goods resulting from the handling of the goods in excess of that necessary to ascertain the characteristics and functionality of the goods. The consumer shall not be liable for any reduction in the value of the goods if the seller has not complied with the information duty on the consumer’s right to withdraw from the contract pursuant to § 3 para. 1, par. h) Consumer Protection Act in Distance Selling.
14. The seller is obliged to return the purchase price to the buyer for the goods in the same way as the buyer used in his payment, unless he agrees with the buyer on another way of refunding without additional charges to the buyer.
15. In the event that the buyer withdraws from the contract and delivers the goods that are used, damaged or incomplete to the seller, the buyer undertakes to pay to the seller:
the value by which the value of the goods within the meaning of § 457 of the Civil Code in actual amount
costs incurred by the Seller in connection with the repair of the goods and their restoration, calculated according to the price list for post-warranty service of the goods.
The Buyer is obliged to pay the Seller compensation under the point of complaint and business conditions to the Seller up to the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the contract.
16. § 7 par. 6 of the Consumer Protection Act, the buyer may not withdraw from the contract for:
the sale of goods made to the specific requirements of the consumer, tailor-made goods or goods intended specifically for one consumer,
the sale of goods encased in a protective packaging which it is not appropriate to return for health or hygiene reasons and whose protective packaging has been broken after delivery,
the sale of goods which have been assembled, folded or used at the time after the conclusion of the contract and takeover of the goods from the seller to the buyer in such a way that their restoration to the original state by the seller is not possible without incurring increased effort and costs; folded or assembled furniture, etc.
17. 10 of these Terms of Trade and Complaints do not expressly apply to entities that do not meet the definition of consumer set out in Art. § 2 let. a) of the Act.
