The right to withdraw from the contract without giving a reason - when buying at a distance.

The Civil Code gives consumers in § 53 ( http://portal.gov.cz/zakon/40/ 1964-1953) entitled unilaterally and without giving any reasons from the contract within a specified period cancel and demand a refund, including the VAT paid on goods if the goods purchased so-called remotely (ie., for example, the Internet). Entitled to reimbursement of distribution costs (eg. Postage and packing) the consumer does.

Before using the model letter to your first check that you have the legal right to withdraw from the contract concluded at a distance:

  • the goods were purchased, and not the end consumer must be a natural person - entrepreneur, so-called "on ICO?"
  • already expired deadline for withdrawal? It is normally 14 days, but selling it in their trading terms may be extended. According to § 53 of this period is extended up to three months if the seller has not fulfilled its reporting obligations enshrined the section. The withdrawal period runs from the date of receipt of goods by the consumer until delivery of its withdrawal to the seller (ie. The 14th day from the receipt of goods sellers must have your resignation, resp. Withdrawal must be within its sphere of influence - eg. He was served with a notice of mail for the shipment).
  • This is not a commodity, where the possibility of resignation by law be excluded (eg. Audio and video recordings and computer programs for which violated the original packaging, periodicals, perishable goods, goods adjusted according to consumer demand etc.)? Detailed information can be found in § 53 ( http://portal.gov.cz/zakon/40/1964/53) and § 54 ( http://portal.gov.cz/zakon/40/1964/54 < /a>) of the civil Code.

If everything is in accordance with the provisions of the Civil Code, then you can turn to seller eg. The following letter. Parts of the text that needs to be adjusted according to your needs, are in italics. Letter - withdrawal should be sent by registered post. Of course you have to return the purchased goods without wear and in original packaging.


Sample letter

František Kupující
U zákazníka 3
123 45 Konzumentov
frantisek@kupujici.cz
phone: 123 456 789

E-shop 3D Targets
Polesí 68
463 53 Rynoltice

RESOMMENDATION


V Konzumentově, December 27, 2008

Subject: Withdrawal from contract dle § 53 civil code

Of the day ..................................... I'm using your e-shop www.3dtargets.cz made with you (a) the purchase contract, the subject of which was the purchase ................................................................. This product I took (a) of ..............................................

Since the agreement was concluded via the Internet (phone), ie. The typical means of distance communication, decided (and) I will exercise its right under the provisions of § 1829 paragraph. 1 in connection with § 1818 of the Act no. 89/2012 Coll ., the Civil Code, as amended, and hereby announce that the aforementioned purchase contract stepping down.

Purchased goods are sent back in a single shipment to your address.

Please return the amount paid within the statutory thirty day deadline slip to my above address or account number ...................................., led by ............................................................

Regards

...............................................
handwritten signature
František Zákazník

Contract template download: Pattern - Withdrawal from contract.doc