Unilateral Termination of the Contract
The right to unilateral termination of the contract
(excerpt from the Consumer Protection Act, Article 72)
1. The consumer has the right, without giving reasons, to unilaterally terminate the contract concluded outside the business premises or concluded remotely within 14 days.
2. In the case of concluding a contract of sale, the term referred to in paragraph 1 of this article begins to run from the day when the goods that are the subject of the contract are handed over to the consumer or a third person designated by the consumer, who is not the carrier.
3. If with one order the consumer has ordered several pieces of goods that should be delivered separately, that is, if it is a question of goods that are delivered in several pieces or in several shipments, the period from paragraph 1 of this article begins to run from the day when the consumer or a third party specified by the consumer, which is not the carrier, given possession of the last piece or the last shipment of goods.
4. If a regular delivery of goods is contracted for a certain period, the term from paragraph 1 of this article begins to run from the day when the first piece or the first shipment of goods is handed over to the consumer or a third person designated by the consumer, who is not the carrier.
5. In the case of entering into a contract for services, a contract for the supply of water, gas or electricity that is sold in an unlimited volume or an unlimited quantity, and for the supply of thermal energy, as well as in the case of concluding a contract for digital content that is not delivered on a physical medium, the term from paragraph 1 of this article begins to run from the date of conclusion of the contract.
Form for unilateral termination of the contract
You can electronically fill out and send a copy of the form for unilateral termination of the contract, which is available on our website. We will send you the confirmation of receipt of the notice of unilateral termination of the contract by e-mail without delay.
You can download the form for unilateral contract termination here (pdf).
Instructions for unilateral contract termination
- You can unilaterally terminate the contract within 14 days without giving a reason.
- In order to be able to exercise the right to unilaterally terminate this Agreement, you must notify us of your decision to unilaterally terminate the Agreement before the expiration of the term by an unequivocal statement sent by post or email, in which you will state your name and surname, address, telephone number and email address. mail, and you can also use the attached sample form for unilateral termination of the contract.
- The term for unilateral termination is 14 days from the day when you or a third person designated by you, who is not the carrier, is given possession of the goods that are the subject of the contract.
- If you unilaterally terminate this contract, we will refund the money we received from you, including delivery costs, without delay, and no later than within 14 days from the day we received your decision to unilaterally terminate the contract, unless you have chosen a different type of delivery and which is not the cheapest standard delivery that we have offered.
- The refund will be made in the same way you made the payment. In the event that you agree to another way of returning the amount paid, you do not bear any costs in relation to the return.
- We can issue a refund only after the goods have been returned to us or after you provide us with proof that you sent the goods back to us.
- It is considered that you have fulfilled your obligation on time if you have sent the goods to our address before the expiration of the aforementioned period.
- You must bear the direct costs of returning the goods yourself.
- You are responsible for any reduction in the value of the goods resulting from the handling of the goods, except that which was necessary to determine the nature, characteristics and functionality of the goods.
Obligations of the consumer in case of unilateral termination of the contract
(excerpt from the Consumer Protection Act, Article 77)
1. Unless the trader has offered to take over the goods returned by the consumer himself, the consumer must return the goods without delay and no later than within 14 days from when, in accordance with Article 74 of this Act, he informed the trader of his decision to terminate the contract.
2. It is considered that the consumer has fulfilled his obligation from paragraph 1 of this article on time if he sends the goods or hands them over to the trader or the person authorized by the trader to receive the goods before the deadline from paragraph 1 of this article expires.
3. The consumer must bear only the direct costs of returning the goods, unless the trader has agreed to bear these costs or if the trader has failed to inform the consumer that he is obliged to bear these costs.
4. If, in the case of a contract concluded outside the business premises, the goods were delivered to the consumer at his home at the time of the conclusion of the contract, the trader must take over the goods at his own expense if, due to their nature, the goods cannot be returned in the usual way by post.
5. The consumer is responsible for any decrease in the value of the goods resulting from the handling of the goods, except for that which was necessary to determine the nature, characteristics and functionality of the goods.
6. As an exception to paragraph 5 of this article, if the trader has not informed the consumer of his right to unilateral termination of the contract in accordance with article 57, item 8 of this Act, the consumer is not liable for the decrease in the value of the goods, regardless of the cause of the decrease in the value of the goods.
7. If he unilaterally terminates the contract after, in accordance with Articles 64 and 70 of this Act, he has expressly demanded that the provision of the service or the fulfillment of the contract for the supply of water, gas, electricity sold in unlimited volume or unlimited quantity and the supply of thermal energy begin before the expiration deadline for unilateral termination of the contract, the consumer is obliged to pay the trader a part of the agreed price that is proportional to what the trader fulfilled to the consumer until the moment when the consumer informed him about using his right to unilaterally terminate the contract, with the provision that the proportional amount of the price that is the consumer is obliged to pay is calculated on the basis of the total contracted price, and if this price is excessive, on the basis of the market value of what the trader fulfilled to the consumer.
8. If he unilaterally terminates the contract for services or the contract for the supply of water, gas or electricity sold in an unlimited volume or unlimited quantity and for the supply of thermal energy, the consumer will not be obliged to pay a part of the price commensurate with what the trader fulfilled to the consumer during the term for unilateral termination of the contract, if the trader has not provided the consumer with the notices provided for in the provisions of Article 57, paragraph 1, points 8 and 10 of this Act, or if the consumer has not, in accordance with Articles 64 or 70 of this Act, expressly requested that the provision of the service begin before the deadline expires for unilateral termination of the contract.
9. If he unilaterally terminates a contract that has as its subject digital content that is not delivered on a physical medium, the consumer will not be obliged to pay a part of the price or costs commensurate with what the trader has fulfilled to the consumer during the term for unilateral termination of the contract, if he has not given his express consent to the fulfillment of the contract starting before the expiration of the 14-day period referred to in Article 72 of this Act, if he has not confirmed that he is aware of the fact that by giving such consent he loses the right to unilaterally terminate the contract, or if the trader has failed to notify him in accordance with Articles 63, or 69 of this Act.
Exclusion of the right to unilateral termination of the contract
(excerpt from the Consumer Protection Act, Article 79)
The consumer does not have the right to unilaterally terminate the contract from this section if:
- The service contract was fully fulfilled by the merchant, and fulfillment began with the express prior consent of the consumer and with his confirmation that he is aware of the fact that he will lose the right to unilaterally terminate the contract from this section if the service is fully fulfilled.
- The subject of the contract is goods that are made according to the consumer's specifications or that are clearly adapted to the consumer.
- The subject of the contract is easily perishable goods or goods that quickly expire.
- The subject of the contract is sealed goods that are not suitable for return due to health or hygiene reasons, if they were unsealed after delivery.
The consumer is obliged to bear the costs of returning the goods to the warehouse of Olival doo in the event that he exercises his right to unilateral termination of the contract from Article 72 of the ZZP.