RETURNS MANAGEMENT

A form for returning goods or exercising the right of withdrawal can be downloaded by clicking here. Please send the completed form electronically to the following address: info@bearingwebshop.com

Exercising the right of withdrawal

The consumer has the right of withdrawal within a specified period, within 14 days of receipt. In the case of a contract concluded outside the business premises and concluded between absentees, which is aimed at the provision of services, if performance begins after the consumer's declaration to this effect, the consumer has the right to terminate the contract without reason within a specified period.

The deadline for exercising the right of withdrawal and termination

The consumer's right of withdrawal or termination

• in the case of a contract for the sale of a product, to the product, in the case of the sale of several products, if the individual products are provided at different times, to the last delivered product, in the case of a product consisting of several items or pieces, to the last delivered item or piece,
• if the product must be supplied regularly within a specified period, from the date of receipt of the first service by the consumer or a third party other than the carrier indicated by the consumer;
• in the case of a contract for the provision of services, from the date of conclusion of the contract;

you can exercise it within fourteen days. The consumer can also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.

The legal consequence of failure to provide information on the consumer's right of withdrawal or termination

If the company has not fulfilled its obligation to provide information, the withdrawal period will be extended by twelve months. However, if the business has provided the consumer with specific information about the withdrawal within twelve months of the expiration of the deadline for exercising the right of withdrawal or termination, the deadline for withdrawal or termination expires on the fourteenth day from the date of communication of this information.

Exercising the consumer's right of withdrawal or termination

The consumer's right of withdrawal or termination

• using the sample declaration in the annex to the legislation; or
• by means of a clear statement to that effect
• can practice.

The company can also provide the consumer with the exercise of the right of withdrawal or termination on its website. In this case, the company will immediately confirm the receipt of the consumer statement on a durable data medium.

The right of withdrawal or termination shall be deemed to have been asserted within the deadline if the consumer sends his statement before the end of the specified deadline. The consumer bears the burden of proving that he has exercised his right of withdrawal or termination in accordance with the legal requirements.

Obligations of the company in the event of withdrawal or termination by the consumer
If, in accordance with the law, the consumer withdraws from a contract concluded off-premises or concluded between absentees, the company shall immediately, but no later than fourteen days after learning of the withdrawal, refund the entire amount paid by the consumer as consideration, including the costs incurred in connection with the performance.

In case of withdrawal or termination in accordance with the law, the company will refund the amount due to the consumer in the same way as the payment method used by the consumer. Based on the express consent of the consumer, the company may use another payment method for the refund, but the consumer may not be charged any additional fees as a result.

If the consumer specifically chooses a mode of transport other than the least expensive usual mode of transport, the company is not obliged to reimburse the resulting additional costs.

In the case of a contract for the sale of a product, the company may withhold the amount until the consumer has returned the product or has proven beyond doubt that he has returned it; of the two, the earlier date must be taken into account. The company does not have the right of retention if it has agreed to transport the product back itself.

In the event of withdrawal or termination of the consumer's obligations

If, in accordance with the law, the consumer withdraws from a contract concluded outside the business premises or concluded between absentees, he must return the product immediately, but no later than fourteen days from the notification of withdrawal, or hand it over to the company or a person authorized by the company to receive the product, except if the company has agreed to transport the product back itself. The return is deemed completed within the deadline if the consumer sends the product before the deadline.

The consumer bears only the direct cost of returning the product, unless the company has undertaken to bear this cost. If the product was shipped to the consumer at the same time as the contract concluded outside the business premises, the company will ship the product back at its own expense if, due to its nature, it cannot be returned as a postal item.

The consumer is only responsible for depreciation resulting from use exceeding the use necessary to determine the nature, properties and operation of the product. The consumer is not responsible for the decrease in value if the company has not fulfilled its obligation to inform about the right of withdrawal or termination.

If the consumer terminates the contract concluded off-premises or between absentees after the start of performance, the amount to be paid proportionately by the consumer during settlement shall be calculated on the basis of the total amount of the consideration established in the contract increased by tax. However, if the consumer proves that the total amount is excessively high, the proportionate amount must be calculated based on the market value of the services performed up to the date of termination of the contract. When determining the market value, the consideration for the same service of the companies performing the same activity at the time of the conclusion of the contract must be taken into account.

Exceptions to the consumer's right of withdrawal and termination

The consumer may not exercise his right of withdrawal or termination

• in the case of a contract for the provision of services, after the completion of the service as a whole, if the company began the performance with the express, prior consent of the consumer, and the consumer acknowledged that he loses his right of termination after the completion of the service as a whole;
• with regard to a product or service whose price or fee depends on the possible fluctuation of the money market, which cannot be influenced by the company, even during the withdrawal or termination period;
• in the case of a non-pre-manufactured product that was produced based on the instructions or at the express request of the consumer, or in the case of a product that was clearly tailored to the consumer;
• regarding a perishable product or a product that retains its quality for a short time;
• with regard to a product with closed packaging that cannot be returned after being opened after delivery for reasons of health protection or hygiene;
• with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;
• with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a way that the company cannot influence, and the price of which was agreed upon by the parties when concluding the sales contract, however, the contract will only be fulfilled after the thirtieth day from the conclusion of the contract;
• in the case of a business contract in which the business visits the consumer at the express request of the consumer in order to carry out urgent repair or maintenance work;
• with regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the consumer has opened the packaging after delivery;
• with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
• in the case of contracts concluded at a public auction;
• with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or service related to leisure activities, if a deadline or deadline for performance specified in the contract has been agreed;
• with regard to digital data content provided on a non-physical data carrier, if the business has started performance with the express, prior consent of the consumer, and the consumer has simultaneously declared with this consent that he/she will lose the right to withdraw or cancel the performance after the start of performance.

The effect of withdrawal or termination by the consumer on ancillary contracts

If an additional contract is also connected to the contract concluded outside the business premises or to the contract concluded between those who are absent, the exercise of the consumer's right of withdrawal or termination also dissolves or terminates the additional contract.

Exercising the right of withdrawal in the case of a corporate buyer, or when does the buyer qualify as a consumer?

It is often the case that a company, not a natural person, enters into a contract on the customer side for the purchase of a product or the use of a service in an online store. The question arises whether, in these cases, the business buyer has the same rights that the consumer protection legislation generally provides for the consumer, what rules should we apply, and how should this be reflected in our general terms and conditions?

45/2014 on the detailed rules of contracts between consumers and businesses. (II.26.) Pursuant to Paragraph 1 (1) of Section 1 of the Government Decree (Decree), its provisions must be applied to contracts (consumer contracts) concluded between a consumer and a business.

The Civil Code The Sixth Book of the Law of Obligations, in accordance with Article 2 b) of Directive 93/13/EEC, narrows the concept of consumer to those natural persons who enter into a contract outside the scope of their own profession, business activity or occupation. In practice, this means that the scope of the Regulation does not cover

• with persons acting in the scope of their profession, independent occupation or business activity; (be it a legal or natural person)
• for contracts concluded with non-natural persons.

Therefore, if a company enters into a contract with an online store for the sale of products or the provision of services, a customer who is not a consumer does not have the right to withdraw/terminate without reason. Cancellation in this case is possible "only" in case of breach of contract or on the basis of the right of cancellation stipulated in advance by the parties, and the Civil Code. its rules on withdrawal, termination or faulty performance are applicable instead of the provisions of the consumer protection legislation, according to which if the right holder's interest in the performance of the contract has ceased as a result of the breach of contract, he may withdraw from the contract, or if the situation existing before the conclusion of the contract cannot naturally be restored, he may terminate the contract if this law does not provide otherwise.

It follows from the purpose of the right of withdrawal that it can no longer be exercised after contractual performance, because performance terminates the contract. However, it is possible to withdraw from the contract if performance has already begun, but has not yet been completed. Withdrawal terminates the contract retroactively to the time of its conclusion. Therefore, the obligation to return the services rendered is due from the date of conclusion of the contract. As a result, the party providing the money is also entitled to interest on the performance. The principle of proportionality must also prevail during the exercise of the right of withdrawal, according to which an insignificant or minor injury to the contractual interest cannot serve as a basis for the radical liquidation of the legal relationship.