WITHDRAWAL FROM THE CONTRACT
Withdrawal from the purchase contract by the Consumer is governed by the provisions of Section 1829 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended, where this Consumer right is established. In the case of a purchase made within the Buyer’s business activity (indicated by a Company ID number on the purchase document), there is no right to withdraw from the purchase contract. In this case, the sale is governed by the Civil Code, Act No. 89/2012 Coll., as amended, however, the provisions on consumer contracts (distance contracts) are excluded.
The Consumer has the right to withdraw from the purchase contract in accordance with Section 1829 et seq. of the Civil Code No. 89/2012 Coll. without giving reasons and without any penalty within 14 days from the date of receipt of the goods under the purchase contract, or within 14 days from receipt of the last delivery of goods, if the purchase involves several types of goods or goods consisting of several parts. In such a case, the Consumer must contact the Seller in writing, by registered letter, at the address DLY trading s.r.o., Drážní 253/7, Slatina, 627 00 Brno. In this letter, they must state that they are withdrawing from the contract, including the order identification number, a copy of the invoice, the purchase date, and the bank account number for the refund. Withdrawal submitted after the above deadline will not be considered by the Seller. The withdrawal must be delivered to the Seller within 14 (fourteen) days of the Buyer’s receipt of the goods. A withdrawal form available on the website www.theroses.pro may be used.
The Consumer acknowledges that, in accordance with Section 1837 of Act No. 89/2012 Coll., Civil Code, withdrawal is not possible from contracts involving:
In the event of withdrawal, the Buyer is obliged to return the purchased goods to the Seller in their original condition. Returned goods must be undamaged, complete, including accessories and all provided documents and any gifts received with the product. If the goods are damaged, used, partially worn, or incomplete, the Seller has the right to quantify the damage and unilaterally offset it against the Buyer’s claim for a refund of the purchase price, which the Buyer expressly agrees to.
If any of the above requirements are not met, the Seller has the right to refuse the returned goods or proportionally reduce the refund amount.
If the Buyer withdraws from the purchase contract, the Seller will refund the purchase price to the Buyer no later than 14 (fourteen) days after receiving the withdrawal notice, by bank transfer to the account specified by the Buyer. The Buyer is obliged to return the goods no later than 14 days after withdrawal from the purchase contract. The Seller is not obliged to refund the purchase price before the goods are returned or the Buyer proves they have sent them back.
When returning goods, the Buyer must provide proof of purchase. Without this document, a refund cannot be processed.
Returned goods cannot be sent “cash on delivery.” Such shipments will not be accepted by the Seller.
If the Buyer withdraws from the purchase contract without valid grounds and nevertheless sends the goods to the Seller, the goods will not be accepted or will be sent back at the Buyer’s expense.
The Buyer bears all costs of returning the goods. The Seller will refund the Buyer the original delivery costs together with the purchase price. However, if the Buyer chose a delivery method more expensive than the cheapest one offered, the Seller will only refund an amount equal to the cheapest offered method.
The Seller reserves the right to withdraw from the purchase contract if unable to deliver the ordered goods under the agreed terms.
Both the Seller and Buyer may also withdraw from the contract if there are significant changes in supplier prices for the ordered goods, or in transport costs, and the Buyer does not accept the corresponding amendment to the purchase contract, i.e. an increase in the price of goods or transport costs.
The Seller is entitled to withdraw from the purchase contract at any time before the Buyer receives the goods. In such a case, the Seller will promptly refund the purchase price to the Buyer, by bank transfer to the account specified by the Buyer.
If the Seller withdraws from the purchase contract, the Buyer will be informed by e-mail sent to the address provided when placing the order. The Seller is also obliged to refund the Buyer the full purchase price if it has already been paid.
The Buyer expressly acknowledges that the Seller may withdraw from the purchase contract if the Buyer has, in a previous contractual relationship with the Seller, materially breached any obligation arising from that relationship. A material breach of a previous contractual relationship is considered conduct under Section 2002 (2) of the Civil Code.
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINT CONDITIONS
The rights and obligations of the parties regarding defective performance are governed by the relevant provisions of generally binding regulations, in particular Sections 1914–1925, 2099–2117, and 2161–2174 of Act No. 89/2012 Coll., the Civil Code.
In the sale of consumer goods, the Buyer–Consumer is entitled to exercise rights arising from defects within 24 months of receiving the goods. Due to the nature of the goods offered in the online store, this period applies to all goods except roasted coffee, whose shelf life is always indicated on the packaging.
In the sale of consumer goods, the Buyer may exercise rights arising from liability for defects within 24 months of receiving the goods, although this period may be extended by a warranty statement. In the case of such contractual, extended warranty, the Seller will specify the terms and scope in the warranty certificate. If no warranty certificate exists, the invoice serves as proof of warranty.
The period for exercising liability for defects generally begins on the day the goods are received by the Buyer, or on the date specified in the warranty certificate.
The above 24-month period does not apply to Buyers who use the goods for business purposes. In such cases, the Buyer may exercise rights arising from defects within 12 months of receiving the goods.
The Buyer is not entitled to exercise rights arising from defects:
The Seller recommends that before first use, the Buyer carefully studies the warranty and operating instructions (if provided) and follows them precisely. Failure to do so may result in damage to the goods due to misuse, which cannot be claimed under the warranty. In accordance with Section 2104 of the Civil Code, the Buyer should inspect the goods as soon as possible after receipt (within 24 hours) and check their properties and quantity.
The warranty does not cover normal wear and tear. Shorter product lifespan due to normal use cannot be considered a defect and cannot be claimed as such.
The rights and obligations of the parties regarding the Seller’s liability for defects, including warranty obligations, are governed by generally binding legal provisions (in particular Section 2161 et seq. of Act No. 89/2012 Coll.).
The Seller warrants to the Buyer that the goods are free of defects upon receipt. This means the goods must have the quality and utility properties required by the contract, described by the Seller, manufacturer, or representative, or reasonably expected on the basis of advertising, or qualities usual for goods of that type, comply with legal regulations, be in the correct quantity, measure, or weight, and be suitable for the purpose stated by the Seller or customary for the goods.
The Buyer has no rights arising from defects if they knew of the defect before accepting the goods, or if they caused the defect themselves. A defect appearing within 6 (six) months of receipt is presumed to have already existed at the time of delivery.
The Buyer must inspect the goods upon delivery. If the packaging is damaged or there are other indications that the goods may also be damaged, the Seller recommends refusing the shipment or writing a damage report with the carrier. The Buyer must promptly notify both the carrier and the Seller. If the Buyer does not raise objections without undue delay, the Seller may claim compensation for damages incurred as a result of the delay.
If the goods are defective or lack the specified properties under Section 2161 of the Civil Code, the Buyer has the right to free, proper, and timely removal of the defect, replacement of the goods or parts, or, if not possible, an appropriate discount or withdrawal from the contract. In the case of recurring or multiple removable defects preventing proper use, the Buyer has the right to replacement, repair, or withdrawal. However, the Buyer cannot claim rights if they knew of the defect before acceptance or caused it themselves. Once a choice is made, it cannot be changed without the Seller’s consent. If the Buyer fails to notify the Seller of a defect without undue delay after it could have been discovered, the court will not uphold their claim. The same applies to hidden defects not reported within two years of delivery.
When claiming defective goods, the Buyer must do so in writing by registered letter to: DLY trading s.r.o., Drážní 253/7, Slatina, 627 00 Brno, or by e-mail to info@theroses.pro. The Buyer must specify the reason and all defects found. The claim is considered made when the Seller receives the defective goods.
The Buyer must return the defective goods with all accessories and documentation as received. The goods must be complete.
If sending by post, the Buyer must package the goods appropriately to prevent further damage.
Upon receipt, the Seller will issue a complaint protocol confirming receipt of the complaint, its content, and the requested resolution. A copy will be provided to the Consumer. The Consumer must present this protocol upon request during the complaint process. The Seller will also issue confirmation of how and when the complaint was resolved, including any repairs made. This confirmation will be sent by e-mail. If the claim is rejected, the Seller will issue written reasons for rejection. These obligations also apply to any third party authorized to perform repairs.
The complaint period begins on the day the Seller receives the goods or issues the complaint protocol.
The complaint will be resolved without undue delay, no later than 30 days from submission, unless agreed otherwise. After this period, the Consumer has the same rights as if the defect could not be remedied. Claims must be made with the Seller where the goods were purchased. If another business is listed on the warranty certificate and is closer to the Buyer, the Buyer may file the claim there. If repair cannot be arranged this way, the Seller will provide it.
In the case of a justified complaint, the Buyer is entitled to reimbursement of necessary costs related to the complaint. Costs should be reasonable relative to the goods. In the case of an obviously unjustified complaint, the Consumer is not entitled to reimbursement, and the Seller is not entitled to claim reimbursement unless repeated abuse of rights by the Consumer can be established.
The Seller must inform the Buyer of the complaint resolution, either to the address provided in the complaint or via another contact. The Seller will also specify a deadline for collection of repaired goods.
If the Buyer fails to collect the goods within the given period, the Seller may charge storage fees or sell the goods on the Buyer’s behalf, after notifying the Buyer and granting an additional reasonable period for collection.
The warranty becomes void in the following cases:
If goods are replaced due to a complaint, the Buyer is not entitled to withdraw from the contract within 14 days of receipt of the replacement. This period applies only to the originally delivered goods under the initial order.
The above provisions do not apply to roasted coffee, whose shelf life is always indicated on the packaging.
