In accordance with Section 1829 of the Civil Code, the buyer-consumer has the right to withdraw from the purchase contract without giving reasons within 14 days of receipt of the goods, or from receipt of the last delivery of goods if the purchase contains several types of goods. If the buyer-consumer decides to withdraw within this period and complies with the conditions set out below, the purchase price and the cost of the cheapest offered method of transport (delivery) of the goods from the seller to the buyer-consumer will be refunded. In accordance with § 1820 (1) (g) and § 1832 (3) CC, the buyer-consumer bears the costs of returning the goods in the event of withdrawal from the purchase contract pursuant to § 1829 et seq. This right does not serve as a way of resolving a complaint against the goods.
Terms and Conditions:
- No later than on the 14th day after the receipt of the goods, the seller must be sent the buyer-consumer's will to withdraw from the purchase contract;
- Download the withdrawal form here
- The buyer-consumer sends this form by email to palerma@palerma.cz and then attaches the completed form to the goods to be returned to the seller;
- The buyer-consumer shall deliver the goods back to the seller at his/her own expense to the address of PALERMA POINT, Havelská 500/25, 110 00 Prague 1, no later than 5 days after the withdrawal from the purchase contract;
- The goods to be sent by the buyer-consumer following the withdrawal from the purchase contract will not bear any signs of use, will not be damaged, incomplete (e.g. without accessories, warranty card, instructions, etc.) and will be returned with a copy of the proof of purchase (the seller recommends insuring the goods against damage);
- If the value of the goods has been reduced (the goods are incomplete or damaged), the buyer is obliged to compensate the missing value in money.
If the above conditions are met, the buyer-consumer will be refunded the price paid by him for the goods and the cost of the cheapest offered method of transport (delivery) of the goods, in the same way as received, or as agreed by bank transfer or bank transfer to the account of the buyer-consumer, within 14 days of withdrawal from the purchase contract. However, the Seller shall not be obliged to refund the price of the goods and the cost of the cheapest offered method of transport (delivery) of the goods to the Buyer-Consumer before the Buyer-Consumer hands over (delivers) the goods to the Seller or proves that he has sent the goods to the Seller;
The Seller shall be entitled to withdraw from the contract of sale concluded with the Buyer in the event of an obvious error in the price of the goods (i.e. a price obviously different from the usual price for that type/type of goods), unless the goods in question clearly state that it is an "extraordinary discount" or "promotion" or other indication of similar meaning. An obvious error in the price of the goods is considered to be, for example, a mistaken indication of the first (last) three digits instead of four, an obviously low price of the goods (e.g. 70% lower than the usual price for this type of goods) and other obvious clerical errors. In the event that this situation arises, the Seller will immediately contact the Buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to the buyer's account as soon as possible.
The Seller shall be entitled to withdraw from the purchase contract concluded with the Buyer in the event that it turns out that the Buyer is under 18 years of age (or fails to prove his/her age in the manner specified above, e.g. by means of an ID card) when handing over the package containing the goods, thereby violating the terms and conditions set out in these GTC and the provisions of the purchase contract.
Buyer shall read the instructions for use of the goods and any warranty conditions thoroughly before using the goods for the first time and then follow this information strictly. The period for exercising the seller's rights under the seller's liability for defects begins upon receipt of the goods by the buyer.
In accordance with § 2104 of the Civil Code, the buyer is obliged to inspect the goods as soon as possible after receipt and to ascertain their characteristics and quantity. If the buyer is not a consumer and damage is detected, a record of the damage shall be made and the seller shall provide a reasonable discount or deliver new goods. Later claims for mechanical damage to the goods can no longer be accepted.
In the case of the sale of consumer goods, there is a period of 24 months for the exercise of rights under defective performance. The seller's liability for defects does not extend to normal wear and tear of the goods (or parts thereof) caused by use.
The buyer-consumer has the following rights when exercising his rights under the liability for defective performance:
- the right to have the goods repaired free of charge, if such repair is possible;
- the right to the delivery of new goods or the replacement of a part of the goods, whereby this right may be exercised if the delivery of new goods or a part of the goods is a reasonable solution to the claim in view of the nature of the defect. Reasonableness for these purposes is assessed, for example, by the fact that the defect cannot be remedied by repair or that such repair appears to be uneconomical in terms of cost or time. The consumer also has the right to have new goods delivered or parts replaced if the defect is remediable but the goods cannot be used properly because of the recurrence of the defect (after repair - i.e. if the same defect with the same manifestations occurs a total of 3 times and such defect has been repaired at least twice) or because of a large number of defects;
- the right to withdraw from the purchase contract can be exercised if the goods cannot be repaired and the delivery of new goods or the replacement of their parts is not possible (if the conditions of this right are met). Furthermore, this right may be exercised if the goods have a large number of defects or cannot be used properly after repair due to the recurrence of the defect
For buyers who are not consumers, the rights arising from the quality guarantee pursuant to § 2113 et seq. of the Civil Code shall apply.
The claim shall be settled without undue delay, at the latest within 30 calendar days from the date of the claim, unless the seller and the buyer agree otherwise in writing. After the expiration of this period, the buyer-consumer has the same rights as if it were a material breach of the purchase contract. The Seller shall issue the Buyer-Consumer with a written confirmation of the date on which the Buyer-Consumer made the claim, what its content is and the manner in which the claim is to be settled. Furthermore, the Seller shall issue the Buyer-Consumer with a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair. In the case of a rejected claim, the Seller shall provide the Buyer-Consumer with a written justification for the rejection.
Rights under liability for defects shall be exercised with the seller from whom the item was purchased. If, however, the warranty certificate specifies a different repair contractor who is located at the seller's place or at a place closer to the buyer, the buyer shall exercise the right to repair at the contractor designated to carry out the warranty repair.
In case of a defect in the item, the buyer can send to the seller's complaints department: info@palerma.cz . For more detailed information, the buyer can contact directly the seller's customer service center +420 602 130 636. The Buyer is obliged to notify the Seller of the defect in the goods without undue delay after it becomes apparent.
The Buyer is entitled to reimbursement of the necessary costs incurred in connection with the exercise of the rights of liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the buyer-consumer shall also be entitled to reimbursement of the costs necessarily incurred for such withdrawal.
Reclamation of goods in the case of a buyer-consumer is governed by the relevant provisions of the Civil Code and the Consumer Protection Act.
