Returning goods: what are you entitled to and when does the seller not have to take them back?

Quick overview

• You can return items from the e-shop within 14 days without giving a reason.

• For purchases made in a brick-and-mortar store, the law does not guarantee a refund.

• There are exceptions – for example, custom-made goods or unpacked hygiene products.

• The trader must return the money within 14 days of withdrawal, but can wait for the goods to be returned.

If the trader refuses to give you a refund or says you’re not entitled to a refund, you can use our online legal advice service to explain what you can do.

Returning goods from an e-shop

According to the Civil Code, every consumer has the right to return goods within 14 days of receipt if they have been purchased via 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.

In practice, we often encounter traders telling consumers that goods cannot be returned if they have been unpacked or used briefly. In fact, the law allows goods to be tried on in a similar way to a bricks-and-mortar shop – the trader can only claim compensation for the reduction in value.

Returning goods in a bricks-and-mortar shop

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 defect in the product. 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 the shop in exchange for the return.

Goods in a bricks-and-mortar shop can be returned in the following cases:

• If the goods are faulty and fall within the scope of a legitimate complaint.
• If the retailer itself allows returns without giving a reason (for example, returns within 30 days).
• If there was a mistake in the purchase and the retailer is willing to allow an exchange or return.

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.

What can’t be undone?

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:

• Goods made to order or customised.
• Perishable products such as food and drink, especially if they have a short shelf life, but also flowers.
• Hygiene and cosmetic products if their hygienic packaging has been broken (for example, cosmetics or underwear).
• Digital content if it has been downloaded or activated (for example, if you remove protective film from films, music or software).

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.

Return without reason

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 point – if the consumer returns the goods within the 14-day period, the trader is obliged to take them back and refund your money.

What is the procedure for returning goods from an e-shop?

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. You can try on the goods in the same way as in a bricks-and-mortar shop – for example, try on clothes or switch on electronics to check their basic functions. If you return goods that are not in their original condition, the shop may charge you for damages. Don’t forget to include any accessories and receipts.

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. However, they can delay the refund until they receive the returned goods or proof of dispatch. 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 refund you, it may be breaking 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.

What will help you with a hassle-free return?

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.

Step-by-step return procedure

1. Inform the seller of the withdrawal (e.g. by email).
2. Do this within 14 days of receipt of the goods.
3. Send the goods back within a further 14 days at the latest.
4. Include proof of purchase or order number.
5. The trader will refund your money – usually to the same account or card.

Summary

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 terms and conditions of the retailer. 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.