If it will be impossible to fulfill the obligations on the part of the seller resulting from the sales contract, due to the goods being sold out, unavailability of the goods or if the manufacturer, importer or supplier of the goods agreed in the sales contract has interrupted production or made such serious changes that made it impossible to fulfill the seller's obligations resulting from the sales contract or for reasons of force majeure or, even when making every effort that can reasonably be required of them, is unable to deliver the goods to the customer within the period specified by these terms and conditions or in the price specified in the order, the seller shall be obliged to immediately inform the buyer and at the same time is obliged to offer the buyer a facultative compensation or the option for the buyer to withdraw from the sales contract (cancel the order). If the buyer withdraws from the sales contract for the reasons stated in this point of these terms and conditions of sale and warranty, the seller is obliged to refund the buyer the advance payment already paid for the goods agreed in the sales contract within 14 days of the notice of withdrawal by transfer to an account specified by the buyer.
The buyer is entitled to withdraw from the sales contract without giving any reason in accordance with prov. Section 7 and following Act within 14 days of taking the goods, or from the date of conclusion of the contract for the provision of the service or contract for the provision of electronic content not delivered on a tangible medium, if the seller has fulfilled in due time the information obligations pursuant to the prov. Section 3.
The buyer has the right to unpack and test the goods using the similar means as in a usual "brick and mortar" shop to the extent necessary to determine the nature, characteristics and functionality of the goods.
The start of the withdrawal period is set for the day on which the buyer or a third party designated by him, with the exception of the carrier, takes all parts of the ordered goods or if:
goods ordered by the buyer in one order are delivered separately, from the date of taking the goods delivered last;
supplies goods consisting of several parts or pieces, from the date of taking the last part or last piece,
on the basis of the contract, the goods are delivered repeatedly during a limited period, from the date of taking the first delivered goods.
The buyer may withdraw from the sales contract, the subject of which is the purchase of goods, even before the start of the withdrawal period.
Withdrawal from the contract must be made by the buyer in written form in a manner that does not give rise to any doubt that the contract has been withdrawn or in the form of an entry on another durable medium or by means of a form published on the website https://spotrebitelskecentrum.sk/odstupenie-od-zmluvy/
Withdrawal from the sales contract pursuant to the preceding point of these terms and conditions of sale and warranty must contain the information required in the withdrawal form, in particular the buyer identification, order number and date, the exact specification of the goods, the manner in which the seller has to refund the already received payment, in particular the account number and/or postal address of the buyer.
In the event of withdrawal from the sales contract, any ancillary contract related to the sales contract from which the buyer has withdrawn shall also be canceled from the beginning. It is not possible to demand from the buyer any costs or other payments related to the cancellation of the ancillary contract, except for the costs and payments referred to in prov. Section 9 par. 3, prov. Section 10 par. 3 and 5 and the price of a service, if the subject of the contract is a provision of a service and the service was fully provided.
Within 14 days from the date of withdrawal from the sales contract, the buyer is obliged to send the goods back to the address of the registered office of the operator without undue delay or to hand it over to the seller or the person authorized by the seller to take the goods. This is not the case if the seller has proposed to pick up the goods in person or through a person authorized by them. The period referred to in the first sentence of this point of these terms and conditions of sale and warranty shall be deemed to be maintained if the goods have been handed over for carriage no later than the last day of the period.
The buyer is obliged to deliver to the seller the complete goods, including the complete documentation, undamaged, preferably in the original packaging and unused.
The seller is obliged, without undue delay, to refund the buyer, within 14 days from the date of delivery of the withdrawal notice, all payments received from them under the sales contract or in connection therewith, including shipping, delivery and postage costs and other costs and fees. The seller is not obliged to refund the buyer payments under this point of these terms and conditions of sale and warranty before the goods are delivered or the buyer proves that the goods have been sent back to the seller, unless the seller suggests picking up the goods personally or through a person authorized by them. Cash on delivery will not be taken by the seller.
The cost of returning the goods to the seller or the person authorized by them is borne by the buyer. This shall not apply if the seller has agreed to bear these costs alone or if they have not fulfilled their obligation under Section 3 par. 1 let. i)
The buyer is only liable for the reduction of the value of the goods resulting from the handling of the goods which is beyond the handling necessary to determine the properties and functionality of the goods. The consumer is not liable for the reduction of the value of the goods if the seller has not complied with the information obligation on the consumer's right to withdraw from the contract pursuant to Section 3 par. 1 let. h).
The seller is obliged to refund the purchase price to the buyer for the goods in the same way the buyer used to pay, unless the buyer agrees to another method of refund without additional fees being charged to the buyer.
If the buyer withdraws from the contract and delivers the seller goods which are used, damaged or incomplete, the buyer undertakes to pay the seller
value by which the value of goods diminished within the meaning of prov. Section 457 of the Civil code in actual amount,
costs incurred to 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 in the amount of the difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the sales contract in accordance with this point of terms and conditions of sale and warranty.
In accordance with prov. Section 7 par. 6 the buyer may not withdraw from the contract subject to which is:
the sale of goods made according to specific requirements of the consumer, tailor-made goods or goods specifically intended for one consumer;
the sale of goods enclosed in protective packaging which is not suitable to be returned for reasons of health protection or for hygienic reasons and whose protective packaging has been broken upon delivery;
the sale of phonograms, video recordings, sound recordings, books or computer software sold in protective packaging, which the consumer has unpacked,
provision of electronic content other than on a tangible medium if its provision has been initiated with the express consent of the consumer and the consumer has declared that they have been duly informed that, by expressing this consent, they lose the right for withdrawal from contract.
the sale of goods that have been after the conclusion of the contract and taking of the goods from the seller for the buyer assembled, folded, or used in such a way that disassembling it by the seller is not possible without increased effort and cost, e.g. folded or assembled furniture, etc.
Provisions of art. 10 of these terms and conditions of sale and warranty do not expressly apply to entities that do not meet the consumer definition listed in prov. Section 2 let. a) CC.