Cancellation and Refunds
CANCELLATION OF ORDER AND WITHDRAWAL FROM CONTRACT
The buyer can withdraw from the contract within 14 days of taking over the goods or the last part of the delivery, regardless of the method of taking over the goods or making the payment. The specified period is intended for the buyer to familiarize himself with the nature, properties and functionality of the goods to a reasonable extent.
The buyer is entitled to withdraw from the contract at any time before the delivery of the goods.
The buyer sends or hands over the withdrawal from the contract to the seller within 14 days. The buyer does not have to state the reason for withdrawing from the contract. To facilitate communication, it is advisable to indicate the date of purchase or the number of the contract/sales document, bank details and the chosen method of return in the withdrawal.
The seller is obliged to return to the buyer an amount fully corresponding to the price of the goods and the costs paid for their delivery within 14 days of withdrawal from the contract, in the same way as he received payment from the buyer. If the seller offers several options within a certain method of delivery of the goods, he is obliged to replace the cheapest of them to the buyer. Within the same period at the latest, the buyer is obliged to send or hand over the purchased goods to the seller. The goods should be returned to the seller (not for cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The cost of returning the goods is borne by the buyer.
The seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.
If the returned goods are damaged due to a breach of the buyer's obligations, the seller is entitled to make a claim against the buyer for compensation for the decrease in the value of the goods and to count it against the returned amount.
Exceptions: The right to withdraw from the contract cannot be applied to contracts for the supply of digital content, if it was not delivered on a physical medium, or to contracts for the provision of services, in both cases on the condition that the fulfillment took place with the prior express consent of the buyer before the expiry of the deadline for withdrawal from the contract; furthermore, for contracts for the supply of services or goods (including alcoholic beverages), the price of which depends on fluctuations in the financial market, regardless of the will of the seller; in contracts for the supply of goods modified according to the wishes of the buyer or for his person, and in contracts for goods that are subject to rapid deterioration, in the case of goods that have been irretrievably mixed with other goods, or removed from a closed package and cannot be returned for hygienic reasons; for the delivery of audio or video recordings or computer programs, if the buyer has violated their original packaging; for the delivery of newspapers, magazines or other periodicals; in the case of contracts for accommodation, transport, catering or use of free time provided within a specified period or in contracts concluded on the basis of a public auction in accordance with the law governing public auctions. The seller is entitled to withdraw from the contract at any time before the delivery of the goods, if he is objectively unable to deliver the goods to the buyer within a period appropriate to the circumstances due to third-party reasons and/or if it becomes clear that the buyer has violated a previously concluded contract with the seller.
At the same time, the seller warns the buyer that the contract is not concluded if there are legitimate doubts about the real identity of the buyer or in the case of obvious errors in the information about the goods or the price.
Return address: :
La Boheme Cafe s.r.o
Wolker's 465
Vítkov, 749 01
Czech Republic
RIGHTS AND OBLIGATIONS FROM DEFECTIVE PERFORMANCE
Quality upon receipt
If the received goods have deficiencies (e.g. do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are not complete, their quantity, measure, weight or quality do not correspond to other legal, contractual or even pre-contractual parameters), it is goods defects for which the seller is responsible.
The buyer can apply to the seller, no later than two years after taking over the goods, according to his request, a claim for free removal of the defect or for a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), a demand for the delivery of a new item without defects or a new component without defects can be applied, if the defect concerns only this component.
If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract.
Within six months from the receipt of the goods, it is assumed that the defect in the goods already existed when the goods were received.
The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect in the goods before taking it over or caused it himself.
In the case of sold used goods, the seller is not responsible for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the seller is not responsible for the defect for which the lower price was negotiated. Instead of the right to exchange, the buyer in these cases has the right to a reasonable discount.
STATUTORY RIGHTS FROM DEFECTS
The seller is responsible for defects arising after taking over the goods within the 24-month warranty period or during the period of use indicated in the advertisement, on the product packaging or in the attached instructions.
Within this period, the buyer can file a claim and, at his option, demand for a defect that constitutes a material breach of the contract (regardless of whether the defect is removable or non-removable):
• removing a defect by delivering a new item without a defect or by supplying a missing item;
• free removal of the defect by repair;
• a reasonable discount from the purchase price; or
• refund of the purchase price on the basis of withdrawal from the contract.
A material breach of contract is one which the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price, exchange of goods or withdraw from the contract .
The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.
Within this period, the buyer can file a claim and, at his option, demand for a defect that constitutes a material breach of the contract (regardless of whether the defect is removable or non-removable):
• removing a defect by delivering a new item without a defect or by supplying a missing item;
• free removal of the defect by repair;
• a reasonable discount from the purchase price; or
• refund of the purchase price on the basis of withdrawal from the contract.
A material breach of contract is one which the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price, exchange of goods or withdraw from the contract .
The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.
SETTLEMENT OF CLAIMS
The buyer is obliged to file a claim with the seller or the person designated for repair without undue delay after discovering the deficiency. If he does so in writing or electronically, he should state his contact details, a description of the defect and a request for the method of handling the complaint.
In the case of a claim for damaged goods, when the buyer has a reasonable suspicion of damage during transport (damaged packaging, dented transport box, etc.), the buyer is obliged to document this damage with at least five photographs, at least one showing the transport packaging and at least two showing the damaged product. Fulfillment of this obligation is necessary for forwarding the claim to the transport company.
The buyer is obliged to inform the seller of the right he has chosen upon notification of a defect, or without undue delay after notification of a defect. A change of choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable.
If the buyer does not choose his right from a material breach of contract in time, he has the same rights as for a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The deadline for handling the complaint starts from the moment of application (notification) of the complaint. The buyer hands over or delivers the goods to the seller or to the place intended for repair at the same time or subsequently after the claim is made. The goods should be packed in suitable packaging during transport to avoid damage, they should be clean and complete.
The seller is obliged to make a decision on the claim without delay, within three working days at the latest, or on the fact that a professional assessment is required for the decision. Information about the need for a professional assessment will be communicated to the buyer within this period. The seller will handle the complaint, including the removal of the defect, without undue delay, no later than 30 days after its application, unless the buyer and the buyer agree in writing on a longer period. After the expiration of this period, the buyer has the same rights as if there had been a material breach of the contract.
If the seller refuses to remove the item's defect, the buyer can demand a reasonable price discount or withdraw from the contract.
The warranty period is extended by the time from the application of the complaint until its settlement or until the time when the buyer was obliged to pick up the item. If the goods or part thereof are exchanged, the seller's responsibility shall apply as if it were a purchase of new goods or part thereof.
If it is not possible to monitor the status of the claim processing online, the seller undertakes to inform the buyer about the processing of the claim according to his request by e-mail or via SMS.
In the case of a justified complaint, the buyer is entitled to compensation for the costs incurred.
