Unilateral termination of contract
The right to unilaterally terminate a contract
Consumer can, without stating the reason, terminate this contract, within 14 days since the day it was signed or received. The right to terminate starts on the day the invoice was issued. If a consumer has not received this form, the final date for unilateral termination of the contract starts upon the delivery of this form and ends after one year and 14 days.
If the consumer has not received all necessary information, the final date for a unilateral termination of contract starts from the moment the customer receives the aforementioned information and ends after three months and 14 days.
In order to exercise the right to unilaterally terminate the contract, the consumer must deliver the trader a written notice about the intended termination of the contract. The notice must be written on a permanent medium and must contain all information mentioned below, and it can be sent by registered mail, email etc. If the consumer exercises his right to unilaterally terminate the contract, he or she will not bear any incurred costs.
During the time for unilateral termination of the contract the trader is forbidden to demand payment in advance from the customer.
The ban applies to any compensation, including payment, giving guarantees, reserving money in accounts, explicitly acknowledging debt, etc.
Consumer’s (client’s) obligations in the case of unilateral termination of the contract
In case the consumer exercises their right, the consumer shall bear the cost of returning the products, which must be returned within 14 days (Article 77 of Consumer Protection Act).
The consumer also bears the cost of any diminishing the value of the product (Article 77 of Consumer Protection Act) (unpacked goods, lost documents and parts, damages, used goods etc.) except the actions necessary to determine the nature, features and functionality of the goods.
If the product is returned damaged or without parts and documents and if it is not delivered in the period of 8 days, it is considered that the consumer has not exercised their right to return goods and the trader is not obligated to make a refund.
Other obligations of the consumer in case of unilateral termination of contract
If the consumer returns the products without original packaging and/or with minor damage and / or signs of use, with regards to the Article on unilateral termination of contract, where the trader would not be able to sell the product as new, the predetermined damages are set at 30% of the paid retail price of the product.
By accepting these terms of business, the trader agrees in advance to reduce the refund by that amount.
All damages that exceed this amount are considered substantial and the Trader is not obligated to make the refund.
If the customer has returned the product, in accordance with the Unilateral termination of the contract in its original form, as delivered, the Trader must, within 14 days, make a full refund, except the above stated amounts that are the obligation of the customer.
Cases where the consumer cannot exercise the right to unilaterally terminate the contract if:
- the service contract has been fully performed by the trader, and the performance has begun with the consumer’s express prior consent, and with the acknowledgement that he will lose the right of termination referred to in this Subsection once the contract has been fully performed by the trader;
- the subject matter of the contract is the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
- the subject matter of the contract is the supply of goods made to the consumer’s specifications or clearly personalised;
- the subject matter of the contract is the supply of sealed goods, which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- the subject matter of the contract is the supply of goods, which are, after delivery, according to their nature, inseparably mixed with other items;
- the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance where, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of termination shall apply to those additional services or goods;
- the subject matter of the contract is the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- the subject matter of the contract is the supply of digital content, which is not supplied on a tangible medium if the performance has begun with the consumer’s express prior consent and his acknowledgement that he thereby loses his right of termination.