The ability to purchase goods without stepping foot into a physical store has transformed the way we shop. Online shopping has become an integral part of our lives.
One of the most important rights related to online shopping you should be aware of is the right to withdraw from an off-premises contract within 14 days. Let's explore the details of this right, when it applies and how you can effectively exercise it.
When Can I Withdraw from the Contract?
You have the right to withdraw from an off-premises contract within 14 days of receiving the goods. This period begins on the day after you receive the items. Importantly, you can exercise this right even before you physically possess the goods, and no conditions or sanctions can restrict this right.
Furthermore, if you receive damaged goods, you still have the right to withdraw. Even if the seller's terms and conditions state otherwise, attempting to limit this right is inadmissible and will not be considered valid.
The seller is obligated to inform you of your right to withdraw from the contract and provide a sample form to make the process easier. Failure to do so can extend the withdrawal period to up to one year and 14 days.
In What Cases Can I Not Withdraw from the Contract?
There are some exceptions to the 14-day withdrawal period. You cannot withdraw if the goods have been customized according to your preferences or adapted to your personal needs. Similarly, perishable items, goods mixed with other products, and certain hygienic or sealed items cannot be withdrawn. When it comes to audio or video recordings and computer programs on physical media, your right to withdraw ceases once you remove them from their original packaging. Additionally, you cannot withdraw from contracts for newspapers, periodicals, or magazines outside business premises, but subscription contracts grant you this right.
How Is the Withdrawal Period Calculated?
The withdrawal period begins on the day after you receive the goods. If the delivery isn't complete, it starts from the last delivery. However, for services like annual magazine subscriptions, the 14-day period starts from the first delivered issue.
It's crucial that your withdrawal from the contract is sent to the seller within the 14-day period, even on the last day.
What Should Withdrawal from the Contract Look Like?
Informing the seller about your decision to withdraw from the contract is vital. While a written form is recommended, it's not obligatory. You can send your withdrawal to the seller's registered office or email address as specified in the contract or terms and conditions.
What Happens After Withdrawal from the Contract?
Upon withdrawing from the contract, it is your responsibility to return the goods within 14 days at your cost.
The seller must refund all payments, including the initial delivery cost, within 14 days. They should use the same payment method you used unless you agree otherwise. They can wait to receive the goods or proof of dispatch before returning the funds.
Understanding your right to withdraw from off-premises contracts empowers you as a consumer, ensuring a safe shopping experience. Always exercise your rights when necessary and stay informed about the specifics of your consumer protection. If you need any support with exercising your rights, do not hesitate to contact us at info@expatlaw.cz.
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