#69682UNDELIVERABLE GOODS

Stav stížnosti

Celková doba trvání

Detail stížnosti

Vyjádření dTestu

According to Czech law, the following applies:
If the consumer has paid the purchase price of the goods, the seller is obliged to deliver the goods. If he fails to do so by the agreed date, he is in default. If the delivery time has not been agreed, the consumer may demand delivery of the goods immediately. The seller is then obliged to perform without undue delay, at the latest within 30 days. If he fails to deliver the goods, the consumer shall notify the seller that he has failed to deliver the goods on time and give the seller a reasonable period of time to deliver the goods (which may also be given by silence).

If the seller fails to deliver the goods even within the time period provided by the consumer, the consumer is entitled to withdraw from the contract. By withdrawing from the contract, the contract is cancelled from the outset and the parties are obliged to reimburse each other for the services provided. The consumer is therefore entitled to a refund of the amount paid by withdrawing from the contract.

If the seller does not respond to emails, it is advisable to choose written communication (preferably by registered letter). If the seller does not return the money to the consumer within a reasonable time after the withdrawal, the seller can be asked to perform by means of a 'pre-action notice'. Sending a pre-action notice does not oblige anyone to bring an action in court. However, in the event of success, the party who issued the summons is entitled to compensation for the costs of the proceedings. By sending the summons, the debtor is also notified of the possibility to pay the debt without further court costs. For more information on the requirements of a pre-litigation summons, see www.dtest.cz/clanek-3511/predzalobni-vyzva. At the same time, the consumer can claim statutory interest on late payment.

Company contacts:
- company headquarters: Bielsko-Biała, ul. Malowany Dworek 115, 43-300 Republic of Poland,
- e-mail: info_cz@martessport.eu.

If the consumer has paid by credit card for an online purchase and the trader fails to deliver the ordered goods, the consumer may use a banking instrument called chargeback. This can be used to obtain a refund under certain conditions. In the event of a problem, the consumer should contact their bank as soon as possible to request a chargeback. The request should be supported by relevant documents such as a copy of the communication with the trader, etc.

As this is a foreign business entity (a foreign entity based in Poland), we recommend that in the event of failure to resolve the situation in out-of-court dispute resolution, the consumer should contact the European Consumer Centre operating at the Czech Trade Inspection Authority, for example via the website www.evropskyspotrebitel.cz, which helps consumers to resolve disputes with traders from another EU Member State, Iceland or Norway free of charge, quickly and efficiently, while also cooperating with the UK's International Consumer Centre.
It is advisable to read the information here: https://evropskyspotrebitel.cz/co-udelat-nez-nas-kontaktujete/ before making a submission.

Contact details for the ECC CR:
Address: Štěpánská 15, 120 00 Praha 2
e-mail: ECCNET-CZ@ec.europa.eu
phone: 296 366 155
www.evropskyspotrebitel.cz

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