Are you planning to order goods on delivery, thinking about it and if you decide you don't really want it, simply not pick it up?
IN THAT CASE, BE CAREFUL!
First, let's talk about what the law thinks about it:
Let us quote § 2118 of Act No. 89/2012 Coll. :
OBLIGATIONS FROM LEGAL NEGOTIATIONS
Obligations of the buyer
Section 2118
"The buyer pays the purchase price and takes possession of the item."
By not accepting the shipment, you would violate the aforementioned law!
From our e-shop and from the selected carrier, you will receive information about handing over the goods to the carrier and subsequently that you can pick them up at the pick-up point. Regardless of the fact that you will receive a link in the email to directly track the movement of the shipment. That way you will know about every movement of the shipment.
Although it is your legal obligation, you have not collected the shipment
Now there are 2 options to solve this:
1. You are interested in the order:
We will send the goods to you again. But only with payment in advance (bank transfer, card payment or other online payment). The price of the order will be increased by a reasonable compensation for the uncollected shipment.
2. You are not interested in the order:
Here the situation is somewhat more complicated. The fact that you do not accept the shipment does not mean that you have canceled it or that you have withdrawn from the purchase contract. It only means that you have grossly violated the purchase contract, according to § 2118 paragraph 1 of Act No. 89/2012 Coll. Civil Code (new).
By sending the order and its subsequent acceptance and confirmation by our e-shop, a valid purchase contract was created in full effect according to our terms and conditions, which you agreed to in the last step before sending the order, and according to the currently valid laws of the Czech Republic.
From your side, our e-shop has not recorded any request to change or cancel the order - not even until the time of shipment by our store and not even until the time of the latest pick-up at the delivery point of your choice.
According to the law, our e-shop has the right to compensation for postage and packaging expenses from the buyer, i.e. from you. This compensation is legally enforceable, as you have breached the purchase contract by not collecting the goods.
Therefore, we ask you to make the compensation payment with the provided payment data as soon as possible - this way you will avoid complications.
If you do not pay the compensation or have the goods sent again, the following will happen:
The currently valid laws of the Czech Republic give shops the opportunity to effectively defend themselves against irresponsible customers who do not accept the delivery on delivery.
Since you have violated a valid contract, this can be resolved in the following three ways:
1. Assignment of the claim to our agency specializing in the collection of claims from debtors.
2. By judicial means.
3. Payment to our store for postage compensation.
Points 1 and 2 are lengthy, financially very disadvantageous for you, but very effective for us. (You wouldn't be the first or the last.)
Point 3 is the most acceptable and cheapest way for you.
After the unclaimed goods are returned to us, we will send you an email summarizing all the points mentioned in this article. At that time, no debt collection proceedings will be initiated against you. We strongly believe in your honesty and responsibility and that you will pay the postage compensation.
We believe that you have every right to know the consequences of not fulfilling a contract, even if it is a purchase contract concluded with an online store.
If you think that "we are only trying to intimidate you" or "that if you have not collected the cash on delivery many times and no one had a problem with it", know that this is not the case.
For example, dTest (Czech monthly consumer magazine, which focuses on testing products and services, and at the same time also provides consultancy and advice in the field of consumer law and seller rights, informs about new laws, warns against unfair practices of sellers and deceptive advertising, provides advice on complaints, etc. .) says this:
"The fact that the customer refuses to accept the package does not automatically start the period for withdrawing from the contract," explains the head of dTest's legal department, Lukáš Zelený. "The customer will therefore have to pay. However, he still has the option of withdrawing from the contract. However, he will have to pay the contractual penalty and interest for late payment or postage compensation in any case, this obligation is not canceled by withdrawing from the contract."
We will not demand any penalty or interest from you. Shipping compensation only.
Just for fun:
Be aware that by not picking up the shipment, you would also increase our costs because we have to unpack the shipment, carefully check the goods, we have to dispose of unusable packaging materials, ensure the return logistics of the goods to the warehouses and a lot of other work.
Such costs cost giants among Czech online stores incredible millions of crowns per month - and it often destroys small online stores (or start-up stores).
You didn't know that? Most people don't know that. But for next time, please think about the consequences of your actions.
Therefore, we ask you to fulfill your obligations responsibly and pick up the goods - or, if not, make a payment to compensate for the postage.
Our e-shop has complied with its part of the purchase contract - you would have violated it by not picking up the goods. Therefore, there is no reason for our e-shop to be damaged due to your mistakes.
We believe that we have sufficiently explained the issue to you.
If you still don't understand something or need advice or help with making a payment, don't hesitate to contact us.
Thank you in advance for your fairness.