Today, sellers offer a drake for many goods. Sometimes a trifle, other times the product is more valuable. The problem occurs when the purchased item breaks and you want to shake it. Withdrawal from the contract vs me very expensive.
This year, Mr. Petr turned to our counseling center, who bought a sunglasses in 2012. He also received a free T-shirt with the store’s logo, as well as an advertising drek. After a year, there was a defect on the brchch. The nature of the defect, the stain on the glass, did not allow it to be removed by repair, and therefore the seller offered the consumer a replacement. Only a year ago, the same appeared after a year. But the customer refused to exchange me and used his first to withdraw from the contract. The seller did not object to the cancellation of the purchase contract, but warned Peter that he had to shake in what he received. If the bag agreed with the exchange, this worry would disappear, describes Luk Zelen, head of the first department of the dTest.
Jene Petr did not have a shirt. The seller therefore gave the castle the value of a T-shirt and deducted 500 crowns from the purchase price. And Peter didn’t like that. We advised him to begin arguing the ineffectiveness of such a claim, to Luk Zelen. The seller discounted the required amounts, but continued to insist on paying at least two hundred.
We do not know how it turned out in the end, but based on the fact that the seller withdrew from his request, we can conclude that he once tried to pay the consumer for the product, explaining the element and adding that even if the customer came to pay the value of the product, can not be considered 200 then 500 crowns per share, because the buyer costs for this advertising item are determined in the amount of ten crowns.
Drek is in the seller not the first to want his back
The fact that today the entrepreneur is ahead in discounted events and the inconvenience of drk and various bonuses, does not mean that they can file complaints in their own way, even if they state the obligation to pay a gift when canceling the purchase contract of business conditions. This is limited to the first consumer of the trade. However, the aim is to discourage consumers from applying the first to withdraw from the contract, says Luk Zelen, adding that such clauses were repealed. As if it were not at all.
Requirements for the return of the handle are inadmissible from the point of view of design. It is not possible for the benefit to be changed to a sanction for withdrawal from the contract. A particularly absurd effect is the demand for the return of promotional items, such as a T-shirt with a store logo.
M trader obliged to state the value of the gift? Given that it is a gift (to determine the amount of money is free for another), it does not matter what value the gift is given to the mother. At least not in the private first. For a potential customer, the stated value of the gift by advertising can be important for his decision to enter into a contract. Therefore, if everything is free of charge – a gift shop, its price and actual value do not have to be stated anywhere, the first one explains.
It is different for goods returned within 14 days of purchase
If you use the first to withdraw from the contract within 14 days, typically in the case of purchase on the Internet, I will encounter the same condition: the seller wants to drill the shipment complete, including the drama. Here are the circumstances of the difference.
Here, badly on the vase kadho customer, whether he decides to cancel the contract or keep the goods together with the dragons. According to that, he should get rid of the acquired dragons. It would not be fair to take advantage of the benefits that the purchase brings if the consumer actually withdraws from the purchase contract, nor would the trader in any way violate his obligations, remind Luk Luk.
You can only claim paid goods
Mr. Alena bought a cupboard and got a kettle as a drink to him, a price of 1500 crowns. Odavova works without any problems, but after a year the kettle grew warm. Did Alena complain about the kettle when she didn’t actually pay for it?
Sellers decide how the range of goods and at what prices they will offer and sell. It is also up to them whether, in the event of a discount or sale, choose a variant such as two for the price of one, when the cheaper piece of goods is completely free, or provide a discount on each piece of goods in the breath of a few percent.
- In the first case, the goods are cheaper if they are accompanied on the purchase document by a free party, a drink, a bonus, etc., the subject of the donor’s contract and a final cancellation cannot be applied here.
- In the second case, all pieces of goods would be sold at a significant discount, the subject of the purchase contract and the seller will be liable for defects for a period of 24 months (except for the exact designation of the defect for which the discount was provided, and therefore the price reduced accordingly).
At first glance, it seems to me that the two situations are not very different from each other, especially what the sales of the seller. The only noticeable difference is the extent to which the seller will be liable for defects and for which they will not, says Luk Zelen.
Therefore, if we get something for free as a dragon, it cannot be claimed. The seller is not responsible for the occurrence of the defect and its removal. The consumer shall first withdraw from the donor’s contract and withdraw the gift.
Otherwise, it would be the case if the seller knew about the defect of the gift and at the time of concluding the contract, the customer would not draw attention to this fact.
Pklad: Mr. Alena’s teapot had a manufacturing defect that the seller knew about (he had met with other complaints about this type of teapot by other customers) and did not notify Alena of this at the time of purchase and before the donation. and vmny. But if the short-circuit of the kettle blows out the fuses, ie there is a code in the value of food stored in the refrigerator and freezer, this code could be applied by the seller.