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Right of withdrawal

Withdrawal from Agreement

The Buyer acknowledges that subject to s. 1837 of the Civil Code, apart from others, it is impossible to rescind the Agreement:

a)    upon provision of services - should the provided services be met with the Buyer´s prior explicit consent before expiry of the period for withdrawal from the agreement and before the agreement was concluded, the Seller notifies the consumer that it has no right to withdraw from the agreement in such case;

b)    upon delivery of an article or services, the price of which depends on fluctuations in the financial market independent of the Seller´s will, and which can occur during the period for withdrawal from the Agreement;

c)    upon the delivery of articles that were modified subject to the request of the consumer or for himself/herself;

d)    upon delivery of an article in sealed packaging, which was removed from the packaging by the consumer and it is impossible to return the article due to hygiene reasons;

e)    upon delivery of an audio or video recording or computer programme, provided the original packaging was damaged;

f)    upon delivery of newspapers, periodical magazines or magazines;

g)    upon delivery of an item with a digital content, unless it was delivered on a material carrier with the prior explicit consent of the consumer before expiry of the period for withdrawal from the agreement, and the businessman informed the consumer before concluding the agreement that in such case it has no right to withdraw from the agreement.

Save for an event specified in Art. 11.1., pursuant to the provisions of s. 1829, subs. 1 of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of the date of article acceptance. Withdrawal from the Purchase Agreement must be demonstrably delivered to the Seller within fourteen (14) days of the date the articles were accepted, i.e. to the address of the Seller´s electronic mail info@artscale.eu or to the address of the Seller´s registered office at Vrchlického 1005/57, 460 14 Liberec, The Czech republic.

In the event of withdrawal from the agreement subject to Art. 11.2 of the Business Terms, the Purchase Agreement shall be cancelled from the beginning. The articles must be returned to the Seller undamaged and unused and, if possible, in the original packaging.

Should the Buyer withdraw from the Purchase Agreement subject to Art 11.2. of the Business Terms, the Seller is not obliged to return the received money to the Buyer before the Buyer returns the articles or before he/she proves that he/she has sent the articles to the Seller.

If the Buyer withdraws from the agreement, the Seller shall return to him/her all the money including costs for delivery received from him/her subject to the agreement, in the same way without any delay, at the latest within fourteen (14) days of the date of withdrawal from the agreement. The Seller shall return to the Buyer money received in a different way only if the consumer agrees to it and provided no additional costs shall be incurred.

If the Buyer selects a different method of delivery than the cheapest one offered by the Seller, the Seller shall return to the Buyer the costs for delivery of the articles in the amount corresponding to the cheapest offered method of delivery of the articles.

The Buyer acknowledges that should the articles returned by the Buyer be damaged, worn or partially consumed, the Seller shall have the right to compensation for the loss incurred by it as a result. If so, the Seller is obliged to provide evidence for the loss incurred. The Seller is entitled to set off the claim to payment of the incurred loss unilaterally against the claim of the Buyer for refund of the purchase price.

For withdrawals from the agreement, please follow the instructions in the specimen guidance on the right to withdraw and use the specimen form, which is a constituent part of the specimen guidance on the right to withdraw, stating the order number and invoice number. We kindly request that you specify the reason for withdrawal from the agreement. This information is not compulsory and will not have any influence on the validity of the withdrawal; its purpose is solely to improve the quality of our services!

The Buyer shall return articles within 2 work days of dispatching of the notification of withdrawal at the latest, either by personal delivery to the registered office of the Seller or by dispatching it to the address of the Seller. A document of acceptance (invoice) shall be appended to the returned articles, so that the consignment can be explicitly identified. If the returned articles are damaged or worn in any way, the Seller reserves the right to compensate for the loss in a refund against the purchase price. The articles cannot be returned using the “cash on delivery” method.

In cases when the Buyer, in accord with provisions 1829, S. 1 of the Civil Code, can exercise his/her right to withdraw from the Purchase Agreement, the Seller reserves the rights also to withdraw from Purchase Agreement and that before the Buyer overtakes the articles. In such cases the Seller remunerates the Buyer without unnecessary delay in a form of money transfer to the account stated by the Buyer.

In case the article sold also contains a present for the Buyer, the Donor Agreement between the Seller and Buyer stipulates a condition for the case when the Buyer withdraws from the Purchase Agreement stating that along with the return of the articles to the Seller, the Buyers is also obliged to return the present. In such situation the Donor Agreement ceases to exist.