363/Sb.
GOVERNMENT REGULATION
of 30 March 2004. October 2013
on exemplary lessons about the right of withdrawal from a distance contracts
manner or off-premises and a sample form for
withdrawal from such contracts
Government orders under section 1820 of paragraph 1. 1 (b). (f)) and § 1820 para. 2 of law No.
89/2009 Coll., the civil code:
§ 1
This regulation incorporates the relevant provisions of the European Union ^ 1) and
modifies the master refer to the right to withdraw from the contracts concluded
distance or off-premises entrepreneurs and
requisites of the standard form for the withdrawal from these contracts.
§ 2
Sample lessons about the right of withdrawal and the standard form for
withdrawal from the contract are listed in the annex to this regulation.
§ 3
This Regulation shall enter into force on 1 January 2000. January 2014.
Prime Minister:
Samantha r in r.
Minister of industry and trade:
Cieńciała in r.
Annex
Sample lessons about the right of withdrawal and the standard form for
withdrawal from the contract
and) master refer to the right of withdrawal
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1.
The right to withdraw from the contract
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1.1
"Within 14 days, you have the right to withdraw from this contract without giving any reason."
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1.2
"You have the right to withdraw from the contract without giving any reason, within 14 days from the date of
following the date of (...) "
Insert the text that is omitted from one of the texts quoted below:
and)
"the conclusion of the contract",
(b)) in the case of conclusion of a contract:
"when you or a third party designated by you
(other than the carrier)
you take the goods. "
,
c) in the case of conclusion of the contract, the subject of several types of goods or the supply of
several parts:
"when you or a third party designated by you
(other than the carrier)
you take the
the last delivery of the goods. "
, or
(d)) in the case of conclusion of a contract for regular delivery of goods for a fixed period:
"When You
or a third party designated by you
(other than the carrier)
you take the first delivery of the goods. "
.
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1.3
"For the purposes of exercising the right of withdrawal you must of your withdrawal
by this Treaty to inform the
(insert your first and last name, business name/name
the address of the registered office and, where applicable, Your telephone and fax number and e-mail address)
in the form of
unilateral legal Act (for example, by letter sent through the
postal service, fax or email). You can use the included
the standard form for withdrawal, but it is not your responsibility. "
If you offer on your website the consumer to electronically fill in
and send the information about the withdrawal, insert the following:
"On our website
(paste the Internet address)
You can also electronically fill in and submit the form for
withdrawal from the contract or any other unambiguous statement. If you use this
options, we will send you an acknowledgement of receipt of the notification of withdrawal from the contract. ".
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1.4.
"In order to meet the deadline for the termination of this agreement, it is sufficient to send
withdrawal from the contract before the expiry of the relevant period. "
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2.
The consequences of withdrawal from the contract
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2.1
"If you withdraw from this contract, we will refund, without undue delay, no later than
within 14 days from the date of Your notice of the withdrawal, všechnyplatby,
that we have received from you, including the cost of delivery (in addition to the additional costs
incurred as a result of your chosen delivery method, which is different than the cheapest
the standard method of delivery) offered by us. For refunds, we will use the same
the payment instrument that you used for the initial transaction, if
You expressly (a) has not specified otherwise. In any case You don't further costs. "
In the case of conclusion of a contract in which you don't offer that during withdrawal
pick up the item, insert the following:
"We'll come back to Payment upon receipt of the returned item or
If you prove that you have the items sent back, whichever comes first. ".
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2.2 If the consumer received the goods on the basis of the Treaty, put here the text of the corresponding
one of the following options:
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and)
Receipt of goods
If you offer that you receive from the consumer goods:
"The goods.".
Otherwise:
"The goods without undue delay, no later than 14 days from the date on which the
There has been a termination of this agreement, please send back or pass them at
(insert
Your name and surname/business name, name, address, or name and surname,
the address of the person who is entitled to receipt of goods).
The time limit is deemed to be preserved,
If you send us back the goods before the expiration of 14 days. ".
(b))
The costs associated with returning the goods
If you offer that you will bear the cost of returning goods:
"The cost associated
returning the goods shall be borne by
(Please insert your name and surname/business name, name,
the address of the registered office). ".
Otherwise:
"You bear the direct cost of returning the goods.".
If in the distance contract offer that would have to bear the cost of returning
the goods, if the goods by their nature cannot be returned normal mail
path:
"You bear the direct cost of returning the goods in the amount of
(insert amount)
CZK. ".
If the cost of returning the goods cannot reasonably be calculated in advance:
"You will be direct
the costs associated with returning the goods. The maximum costs are estimated in the amount of
(insert
the amount)
CZK. ".
If in the context of contracts concluded away from business premises goods may not be inherently
the usual postal and return at the time of conclusion of the contract was delivered to households
consumers:
"We'll pick up the goods at his own expense."
(c))
Responsible for the decrease in the value of the returned goods
"You are responsible only for the reduction of the value of the goods as a result of the treatment with this item
in any other way than that which is necessary for the understanding of the nature and characteristics of the goods,
including its function. "
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2.3 in the event of the conclusion of a service contract or a contract for the supply of water,
gas or electricity if they are not sold in a limited volume or set quantity,
or heat from district heating, insert the following:
"If you are asked to provide
services or the supply of water/gas/electricity/heat from district heating
(delete
clear)
started during the withdrawal period from the contract, you will pay us an amount proportional to the
the range of services provided to the time when you informed us about the resignation of odsmlouvy,
in comparison with the full coverage of services laid down in the Treaty. ".
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(b)) the standard form for withdrawal from the contract
(please fill out this form and send it back only if you want to odstoupitod Treaty)
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Notice of withdrawal from the contract
-
The addressee
(here the businessman inserts the name and surname/business name, address of the registered office and, where appropriate,
fax number and e-mail address):
-
I/we (*) that I/we (*) from a contract for the purchase of this
goods (*) o the provision of those services (*)
-
Date order (*)/received (*)
-
Name and surname of the consumer/consumer
-
Address of the consumer/consumer
-
The signature of the consumer/consumer
(only if this form is sent in paper format)
-
The date of the
(*) Delete where inapplicable or details to be completed.
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1) directive of the European Parliament and of the Council of 2011/83/EU on the rights
consumers amending Council Directive 93/13/EEC and directive
The European Parliament and of the Council of 1999/45/EC and repealing Council directive
85/577/EEC and European Parliament and Council Directive 97/7/EC.
