Internet shopping has become a very natural part of our days. However, as the number of purchases increases, so do the situations where goods do not meet our expectations. Under what conditions is it possible to return goods from an e-shop and how to return goods in a brick-and-mortar shop?
According to the Civil Code, every consumer has the right to return goods within 14 days of receipt if they have been purchased through an e-shop or other distance method. The return of goods without giving a reason is automatic. So you don’t have to explain to anyone if you missed a size or just don’t like the item.
The European Union introduced this mechanism to protect customers from making hasty purchases online. In the past, there was no such protection and some sellers stubbornly refused to allow returns. Today, it is now common practice to return goods from e-shops.
However, the 14-day deadline does not automatically apply to returns in a bricks-and-mortar shop. There, goods can only be returned if there is a specific reason – for example, a product defect. In bricks-and-mortar shops, the principle is that the purchase is binding unless the shop itself offers a return option. Large chains, in particular, now regard the possibility of returning goods as a benefit they offer their customers. However, they usually impose various conditions – labels must not be removed from clothes, shoes must not show signs of use, and so on. They also differ in the way they refund you for the goods – some shops will give you a full cash refund, others will give you a voucher to buy other goods in that shop in exchange for the return.
Goods in a bricks-and-mortar shop can be returned in the following cases:
Mr. Vesely contacted us because an electronics chain would not accept the return of a laptop he purchased in a brick-and-mortar store. However, after a few days, he found that the model was not suitable, wanted to return it and asked for a refund. However, the trader refused because the laptop was not faulty. In this case, however, the retailer is in the right as there is no automatic right of return. If Mr Veselý had purchased the laptop from the e-shop, he could have returned it without any problem. It is precisely this difference that many people take into account when deciding whether to buy online or in a bricks-and-mortar shop.
If you think the law should still be on your side, please contact us. We will discuss the whole matter with you in detail and help you get what you are legally entitled to.
Yes, we mentioned above that there is a right of return. But now we’re going to throw a figurative pitchfork into it, because there are still some goods that you simply cannot return. This right does not apply to all products. Exceptions include:
Unfortunately, this area provides scope for unfair commercial practices. In fact, sometimes some traders try to get around the law and extend the exemptions to other categories, which can put them in breach of the law. If you are unsure whether the goods in question are actually covered by the exemptions or whether you can return them, use our legal advice service to get an answer within 48 hours.
One of the biggest returned items is undoubtedly an entire small house that was taken back by Amazon’s online store. The customer ordered a prefabricated building, but then changed his mind about the purchase.
The possibility to return without giving a reason is undoubtedly one of the main advantages of shopping online. A no-reason return simply means that as a consumer you are not obliged to explain to the retailer why you have decided to withdraw from the contract. However, this option only applies to goods that you purchase remotely, i.e. over the internet, by phone or through catalogue sales.
You may also have come across the practice of some sellers who try to discourage customers from returning goods. For example, by using a complicated returns process or requiring original packaging. However, we have good news for you, because the law is clear on this – if the consumer returns the goods within the 14-day period, the trader is obliged to take them back and refund your money.
First of all, you must notify the seller that you want to withdraw from the contract within the aforementioned 14 days. Most often, pre-made forms are used for this, but sometimes it is enough to send this information to the trader by e-mail.
You are obliged to send the goods back to the trader within a further 14 days of being notified that you are withdrawing from the contract. The goods should be in their original condition, with no signs of use or damage. If you return goods that are not in their original condition, the trader may charge you for damages. Remember to include all accessories and documents.
In most cases, you will have to pay the cost of returning the goods, such as postage. However, some e-shops offer a free returns option and will pay the costs for you.
After that, the obligation passes to the trader, who must refund you for the goods within 14 days of your withdrawal. Most often, they will refund it back to the card or account you used to pay for the goods.
If an e-shop refuses to give you the money back, this may be a breach of the law. In this case, you have the option of contacting the Czech Trade Inspection Authority and filing a complaint through them. If you would even consider a pre-litigation notice, please do not hesitate to contact us. We will be happy to prepare all documentation for you and, in the event of a lawsuit, we will also represent you in court.
Companies deliberately offer easy returns because people buy more. And as studies have shown, if a store offers a longer return period, people tend to keep the product.
You can avoid a lot of inconvenience by keeping your proof of purchase and the packaging from the internet. If you know that you may be returning an item, then use it with the utmost care so that it does not show signs of wear and tear. When returning goods, always read the return policy of the particular retailer, as individual shops may differ in some details. Above all, don’t be put off by retailers’ reluctance, as the law is on your side.
Tip: The Czech Trade Inspection Authority website lists fraudulent e-shops. We have prepared an article that will give you advice on how to identify such fraudulent and risky e-shops.
If you buy online, you have the right to return the goods within 14 days without giving a reason, whereas in brick-and-mortar stores this option depends on the seller’s terms and conditions. Exceptions include custom-made products, perishables or unwrapped cosmetics. When returning from an e-shop, you must send the goods in time and take into account that the customer usually pays the shipping costs. If the retailer refuses the return or does not refund the money, you can contact the Czech Trade Inspection Authority. For a smooth return process, we recommend keeping the packaging and proof of purchase and returning the goods in their original condition.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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