Consumers can withdraw from the contract and return goods purchased online within 14 days. How to do it? What about return costs? When must the goods be returned?
It is well known that consumers have the right to withdraw from the contract within 14 days if they conclude a "distance contract" with the entrepreneur, i.e. most often via the Internet (but also by phone, by email, in short without the simultaneous physical presence of the buyer and the seller).
If the contract is concluded during a presentation event (sales trip) or door-to-door sales, the deadline is now even 30 days (according to amendments to the Czech Civil Code effective from 6 January 2023).
Despite the general knowledge of this authorization, there are many question marks associated with withdrawal from the contract.
How can the consumer withdraw from the contract? What must he do for it? The consumer can do so by making any unequivocal statement to the entrepreneur. An email with the text: "I withdraw from the purchase contract, order no. ..., dated ..."
E-shops often have withdrawal forms on their websites. If the consumer uses this form, the entrepreneur must confirm the receipt of the notification without undue delay (usually within hours to days).
"By when must the consumer notify the entrepreneur of withdrawal from the contract?" Within 14 days. "And when does this period start and when does it end?" If the consumer has concluded a purchase contract (bought the goods on the Internet), the 14-day period starts from the day of receiving the goods. If the goods were delivered in parts, the period starts from the date of acceptance of the last delivery. If the subject was a regular delivery of goods (e.g. monthly deliveries of coffee), the period starts from the date of acceptance of the first delivery.
The period begins on the day following the day of delivery of the goods and ends on the last (fourteenth) day - however, if the last day falls on a non-working day (holiday or weekend), the period expires on the next working day. To keep the deadline, it is enough to send a declaration of intent to withdraw on the last day of the deadline.
If the entrepreneur does not notify the consumer of his right to withdraw, the period is extended by 1 year from the day on which the 14-day period for withdrawal would otherwise have expired.
"When must the consumer return the goods to the entrepreneur?" The consumer is obliged to return the goods to the entrepreneur without undue delay, no later than 14 days from the day on which the withdrawal took place. The deadline is again maintained if the consumer at least sends the goods on its last day.
"When does the entrepreneur have to return the money paid to the consumer?" The entrepreneur must return the money to the consumer without undue delay, no later than 14 days from the date of withdrawal from the contract. However, he can delay the refund until the consumer returns the goods to him or proves that he sent the goods back (whichever comes first).
"Does the entrepreneur have to reimburse the consumer for the cost of delivering the goods?" The entrepreneur must return to the consumer all funds received under the contract - including delivery costs. However, there is one catch. If the entrepreneur offered more than one delivery method, and the consumer chose a delivery method other than the cheapest one, the entrepreneur is obliged to reimburse the consumer only the costs corresponding to the cheapest delivery method.
Example: An entrepreneur offers delivery of goods via PPL (CZK 100), DPD (CZK 80) and Czech Post - home delivery (CZK 70). The goods can also be picked up at the store in Brno. The consumer chose delivery via PPL. He subsequently withdrew from the contract and returned the goods. Therefore, in addition to the price of the goods, the entrepreneur must reimburse him the costs of delivery – but to what amount? The entrepreneur will have to reimburse the consumer the costs corresponding to the cheapest offered delivery method – i.e. CZK 70 (Czech Post). The difference in shipping cost is borne by the consumer.
"Can the entrepreneur claim that the consumer had the option to pick up the goods at a store in Brno for free, and therefore will not be reimbursed for any costs for delivering the goods?" No, he can't. "Method of delivery" means the transport of the goods to the consumer. In-store pickup is not a delivery method. Therefore, the costs of various methods of delivering goods to the consumer, offered by the entrepreneur, are always assessed.
"Who pays the costs of sending the goods back to the entrepreneur?" The costs are borne by the consumer, unless he has been notified of the obligation to bear these costs. If the entrepreneur did not warn the consumer in advance before concluding the contract that in the event of withdrawal from the contract, the consumer will bear the costs associated with returning the goods, the consumer will not pay the costs of returning the goods.
Exceptions
For some types of goods, the consumer's right of withdrawal within 14 days is excluded. They are, for example:
- goods in sealed packaging which, due to health protection or hygiene reasons, are not suitable to return after the packaging has been broken (cosmetics, vitamins, manicure);
- goods that are perishable or have a short shelf life (flowers, food);
- goods made according to the consumer's requirements or adapted to his personal needs (tailored dress or suit);
- newspapers, periodicals or magazines (excluding subscription contracts);
and more.
If you have any doubts about the rights and obligations of entrepreneurs and consumers, we are here to help you.
