➥ 5. Withdrawing from sales contracts

5.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's or his person's wish, from the purchase contract for the delivery of perishable goods, after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the supply of a sound or image record or a computer program, packaging.

5.2. If the case is not mentioned in Art. 5.1 of the Commercial Terms and Conditions or in another case when the contract can not be withdrawn, the Purchaser has to withdraw the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, up to 14 ) from the date of receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. Withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which is available for download in the Web Interface Information section. Withdrawal from the sales contract may be made by the buyer to the seller's address or to the email address of the seller shop@pekelec.com.

5.3. In the case of withdrawal from the purchase contract according to Art. 5.2 of the Business Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller by the seller within 14 (fourteen) days of delivery of the withdrawal from the sales contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.

5.4. In the event of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions of Sale, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the purchases provided by the buyer upon return of the goods to the buyer or otherwise, provided the buyer agrees and does not incur additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that he has sent the goods to the seller. For details, refer to the Leaving a Learning Opportunity Lead, available in the Web Interface Information section, which takes precedence over any differences.

5.5. The seller is entitled to indemnify one party against the purchaser's claim for repayment of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the sales contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price without undue delay to the buyer, without charge, to the account specified by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost on the gift and the buyer is obliged to return the goods together with the seller provided gift.

5.8. The buyer is liable for the value of the goods due to the handling of the goods in a manner other than that necessary to understand the nature and characteristics of the goods, including their functionality. Goods must not show signs of wear and tear. Textile goods must not be washed and contain all original features at the time of sale, including all labels, tags, etc. The buyer is not entitled to withdraw from the contract in the following cases:

  • clothing/goods show signs of wear and tear
  • clothes/goods are washed
  • clothing/goods is dirty, wet or smells
  • part of the goods or accessories is damaged or missing
  • underwear, swimwear or socks can not be returned or replaced for hygienic reasons
  • clothing/goods are without original signs, labels and tags
  • goods can no longer be sold