ORDER CANCELLATION AND WITHDRAWAL FROM THE CONTRACT
The buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of the goods or payment. This period is intended to allow the buyer to become reasonably familiar with the nature, characteristics and functionality of the goods.
The buyer is also entitled to withdraw from the contract at any time before delivery of the goods.
The buyer shall send or deliver the withdrawal from the contract to the seller within 14 days. The buyer does not have to state the reason for which he withdraws from the contract. To facilitate communication, it is advisable to indicate the date of purchase or contract/sales receipt number, bank account and the chosen method of return in the withdrawal.
The seller is obliged to reimburse the buyer the full amount corresponding to the price of the goods and the costs paid for their delivery within 14 days of the withdrawal, in the same way in which the payment was received from the buyer. If the seller offers several options within a certain delivery method, he is obliged to reimburse the buyer the cheapest of them. The buyer must send or hand over the purchased goods to the seller within the same time limit at the latest. The goods should be returned to the seller (not on delivery) complete, preferably in their original packaging, and must not show signs of wear and tear 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 has handed over the goods to the Seller or proved that he has sent the goods to the Seller.
If the returned goods are damaged by the Buyer's breach of duty, the Seller shall be entitled to claim against the Buyer for the diminution in value of the goods and to set it off against the amount returned.
Exceptions: The right of withdrawal cannot be exercised in the case of contracts for the supply of digital content if it has not been delivered on a tangible medium or in the case of contracts for the provision of services, in both cases provided that performance has been effected with the prior express consent of the buyer before the expiry of the withdrawal period; or in the case of contracts for the supply of services or goods (including alcoholic beverages) the price of which depends on the fluctuations of the financial market independently of the seller's will; contracts for the supply of goods which have been adapted to the wishes of the buyer or for his person and contracts for perishable goods, goods which have been irretrievably mixed with other goods or removed from their sealed packaging and cannot be returned for hygiene reasons; for the supply of sound or visual recordings or computer programs if the buyer has damaged their original packaging; for the supply of newspapers, magazines or other periodicals; for contracts for accommodation, transport, catering or leisure services provided within a specified period or for contracts concluded by public auction under the law governing public auctions.
The Seller is entitled to withdraw from the contract at any time before delivery of the goods if it is objectively unable, for reasons on the part of third parties, to deliver the goods to the Buyer within a period of time reasonable in the circumstances and/or if it becomes apparent that the Buyer has breached a previously concluded contract with the Seller.
The Seller also notifies the Buyer that the contract shall not be concluded if there are reasonable doubts as to the true identity of the Buyer or if there are obvious errors in the information given about the goods or the price.
Address for returning goods:
La Boheme Cafe
Wolkerova 465
Vítkov, 749 01
Česká Republika
RIGHTS AND OBLIGATIONS ARISING FROM DEFECTIVE PERFORMANCE
Quality on receipt
If the goods received are defective (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, do not correspond to the quantity, measure, weight or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the seller is liable.
The buyer may, within two years of receipt of the goods, claim from the seller free of charge or a reasonable discount on the price if he so requests; if this is not disproportionate to the nature of the defect (in particular if the defect cannot be removed without undue delay), a claim may be made for the delivery of a new item without defects or a new part without defects if the defect relates only to that part.
If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price upon withdrawal from the contract.
Within six months of receipt of the goods, it is presumed that the defect already existed when the goods were received.
The seller is not obliged to satisfy the buyer's claim if he proves that the buyer knew about the defect in the goods before taking delivery or caused it himself.
In the case of second-hand goods sold, the seller is not liable for defects corresponding to the degree of previous use or wear and tear. For goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. In such cases, the buyer shall be entitled to a reasonable discount in lieu of the right of exchange.
ZÁKONNÁ PRÁVA Z VAD
The Seller is liable for defects arising after receipt of the goods within the 24-month warranty period or within the period of use stated in the advertisement, on the packaging of the goods or in the enclosed instructions.
Within this period, the Buyer may make a claim and, at his option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):
- remedy the defect by supplying a new item without defect or by supplying the missing item;
- to remedy the defect by repair free of charge;
- a reasonable reduction in the purchase price; or
- a 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 must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
In the case of a defect that is an insubstantial breach of contract (whether or not it is a remediable or irremediable defect), the buyer is entitled to have the defect remedied or to a reasonable reduction in the purchase price.
If the removable defect has occurred repeatedly after repair (third claim for the same defect or fourth claim for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer may exercise the right to a discount on the purchase price, replacement of the goods or withdrawal from the contract.
The Seller shall not be liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
COMPLAINT HANDLING
The buyer is obliged to file a claim with the seller or a person designated for repair without undue delay after the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the manner in which the complaint is to be handled.
In the case of a claim for damaged goods, where the buyer has reasonable suspicion of damage during transport (damaged packaging, dented shipping box, etc.), the buyer is obliged to document this damage with at least five photographs, at least one showing the shipping packaging and at least two showing the damaged product. Compliance with this obligation is necessary to forward the claim to the shipping company.
The buyer is obliged to tell the seller what right he has chosen when notifying the defect or without undue delay after notification of the defect. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable.
If the buyer fails to exercise his right under a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The time limit for the settlement of the claim starts from the moment the claim is made (notified). The buyer shall hand over or deliver the goods to the seller or to the place designated for repair at the same time or after the claim has been made. The goods should be packed in suitable packaging to prevent damage and should be clean and complete when transported.
The seller must decide on the complaint without delay, within three working days at the latest, or if a professional assessment is required to make a decision. The information on the need for a professional assessment shall be communicated to the buyer within this period. The Seller shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 30 days of its submission, unless a longer period is agreed in writing with the Buyer. After the expiry of this period, the buyer has the same rights as if it were a material breach of contract.
If the seller refuses to remedy the defect, the buyer may demand a reasonable discount on the price or withdraw from the contract.
The warranty period is extended by the time from the time the claim is made until the claim is settled or until the time the buyer is obliged to collect the item. If the goods or a part thereof are replaced, the seller's liability shall apply as if the goods or a part thereof had been purchased new.
If it is not possible to monitor the status of the complaint online, the Seller undertakes to inform the Buyer of the settlement of the complaint by e-mail or SMS as requested by the Buyer.
In the case of a legitimate complaint, the Buyer is entitled to reimbursement of the costs reasonably incurred.
