Withdrawal from the Contract by the Buyer, Who is also the Consumer
Under the provision of Section 7 of the Act on the Consumer Protection in Door to Door and Mail Order Sales (Act no. 102/2014 Coll.) the Buyer has the right to withdraw from the contract without stating the reason within 14 days of reception of the goods or of concluding the contract on provision of services, while the Seller must receive within the said period of 14 days the letter of the Buyer’s withdrawal from the contract. The Buyer has this right applies also in the case of the goods being purchased via internet and picked up in person at the business premises of the Seller.
The Withdrawal leter and the returned goods are to be sent to the following address:
HoOpingFit s.r.o., Lazovná 60, 97401 Banská Bystrica
The goods should be returned complete, with all the documentation, undamaged and unused, clean, with the original packaging, in the same state and value that it has been received in by the Buyer. If the returned goods are incomplete or damaged, the Seller has the right to lower the returned purchase price by the amount equivalent to the value of the damage to the goods (in accordance with Section 458 Paragraph 1 of the Civil Code).
The money for the returned goods will be returned to the Buyer within the maximum of 14 days of the reception of the withdrawal by the Seller.
Except cases, in which the withdrawal is explicitly agreed to by both parties, the Consumer can not withdraw from the contracts:
a. on provision of services, if their provision started with the agreement of the Buyer more than 14 days before the reception of the provision
b. on reception of goods or services, of which the price depends on the fluctuations of financial market independently of the will of the seller
c. on delivery of goods adjusted according to the wishes of the consumer or for his person, as well as goods subject to rapid deterioration, wear and tear or obsolescence
d. on delivery of audio and video records and computer programs, if the original packaging has been damages by the Consumer
e. on delivery of newspaper, magazines and journals
f. based on games and lottery
If the Buyer decides to withdraw within the specified period, we recommend to speed up the processing of the withdrawal by delivering the goods to the address of the Seller together with an accompanying letter, possibly stating the reason for the withdrawal from the purchase contract (not a condition), stating the number of the purchase receipt and the bank account number, or stating, if the sum will be paid by cash or used for another purchase.
The Buyer acknowledges the fact, that if the goods include gifts, the donation contract between the Buyer and the Seller is concluded with the condition, that if the Buyer uses his right to withdraw from the contract, the donation contract loses its effect and the Buyer is obliged to return all gifts delivered with the returned goods. In the event that these are not returned, these values shall be perceived as unjust enrichment of the Buyer.
In case of fulfilling all the above conditions for the return of the goods, the Buyer shall be entitled to reimbursement of the paid sums of money connected with the returned goods, within the maximum of 14 days of the withdrawal from the contract. If the Buyer does not provide the bank account number, the sum equivalent to the value of the goods is automatically readied to be used for a purchase or to be handed over in cash upon the Buyers presentation of the original credit note, which is sent to the customer without further delays after the withdrawal from the contract.
Withdrawal from the Contract by the Buyer, Who Is also the Entrepreneur
If the Buyer if also an Entrepreneur, he can be offered an alternative withdrawal from the contract based on the condition of the returned goods, the guarantee and the current price of the returned goods. The state of the goods is evaluated by the Buyer. In case the conditions acceptable for both parties are not agreed on, the goods shall be returned at the expense of the Seller. The Seller is entitled to claim from the Buyer any additional costs incurred.
Upon the issue of te credit note, the Buyer may be required to present his ID card for the purposes of protection of the property rights of the Buyer. By presenting his ID, the Buyer expresses his agreement with processing of his personal data in accordance with the section 2. (under the Section 3 of the Act no. 428/2002 Coll., on Personal Data Protection).