You withdrew from the contract, sent the goods back, and the money is still missing. It is an annoying situation: you did everything by the rules, and you are still waiting for money the e-shop owes you. The law sets out exactly when and how the trader must refund the money, when the e-shop may wait before paying, and what to do if it misses the deadline.
You have the right to withdraw from the contract – what that means
If you bought goods over the internet, by phone or by e-mail, you have the right under the Civil Code to withdraw from the contract within 14 days of receiving the goods, without giving a reason. It is enough to send the trader a notice within that period that you are cancelling the contract. You do not have to wait until the goods physically arrive back at the seller.
Withdrawal within 14 days is different from a claim for defective goods. With withdrawal you do not have to complain about anything or give reasons. A claim concerns goods that have a defect.
There are exceptions where this right does not apply or applies only in a limited way, for example for goods subject to rapid decay, goods in a sealed package that cannot be returned for hygiene reasons after you have broken the seal, or goods made to measure according to your requirements. For most ordinary e-shop purchases (clothing, electronics, household goods) the right to withdraw without giving a reason applies. You may only try the goods on as you would in a brick-and-mortar shop – if you wear them out more than that, the e-shop may charge you for the reduction in value.
After you give notice of withdrawal you must send the goods back no later than 14 days – that is not a custom, it is a statutory deadline. You bear the cost of return shipping only if the e-shop told you about it in advance. If it did not state this anywhere, the e-shop pays.
When the e-shop must refund the money
This is the core of the problem and this is where most disputes arise. The trader is obliged to refund all the money it received from you under the contract, including the cost of delivering the goods, no later than 14 days from withdrawal from the contract. The Civil Code sets this deadline in Section 1832.
One limit applies to delivery costs. If you paid extra for faster or more convenient delivery, the trader will refund only the amount corresponding to the cheapest method of transport it offered for that order. You bear the difference.
What matters is from when those 14 days are counted. The period runs from the moment you withdrew from the contract, not from the moment the goods arrive back at the seller. The trader has the right to withhold the money until it receives the goods back or until you prove that you have sent them, for example with a posting receipt or a tracking number. It is a right to wait before paying, not a reason for the period to start running again from the beginning. Once the trader has the goods or you have documented the dispatch, the obstacle falls away and the money must be sent without undue delay.
The money must reach you in the same way you paid, unless you agreed otherwise with the trader. The trader cannot replace the refund with a voucher or a discount coupon unless you agree to that.
What to do when the deadline has passed and the money has not arrived
If you have done your part (you withdrew on time, you sent the goods back and you have proof of that), more than 14 days have passed since withdrawal and the trader already has the goods or dispatch has been documented to it, the trader is in default. That means it is breaching its statutory duty and you have the right to take the matter further.
First check three things:
- You withdrew from the contract in a provable way and within the statutory period (e-mail, form, registered letter).
- You sent the goods back and you have a posting receipt or other proof of dispatch that you sent to the trader (or the parcel has demonstrably already arrived).
- More than 14 days have passed since withdrawal from the contract.
If all three points hold, you have a strong position. The next question is how to proceed so that the money arrives.
Write the trader a clear demand. Remind it of the date of withdrawal, the date you sent the goods and the statutory deadline the trader missed. E-mails of the "where is my money" type without specific dates and a reference to the law are often ignored by traders, and that is one of the most common mistakes when writing a complaint. A formal, factual demand with a deadline carries substantially more weight.
If you paid by card, consider a chargeback. The bank can, at your request, open a payment dispute and try to recover the money from the trader. It is not a statutory entitlement; it is governed by the card companies' rules, but if you document that you withdrew properly and the money did not arrive, you have a decent chance. This route tends to work especially in situations where the e-shop has stopped communicating altogether.
If the trader stays silent, a formal pre-action letter comes next. It is the last step before a court would have to decide the dispute, and at the same time a condition you will need if you want to claim reimbursement of legal costs in court as well. In addition to the principal amount you can also claim default interest for the period the trader owed you the money.
You can also file a submission with the Czech Trade Inspection Authority (Česká obchodní inspekce). A submission on its own will not recover the money, but it can put extra pressure on the trader and trigger an inspection by the authority. ČOI also runs out-of-court resolution of consumer disputes, where you can reach an agreement with the trader without going to court.
Practical step-by-step procedure
- Check that you withdrew from the contract in a provable way and within the statutory 14-day period from receiving the goods.
- Verify that you sent the goods back and have proof of that (posting receipt, tracking number).
- Count the 14-day period for the refund from the date you withdrew from the contract. If the trader does not yet have the goods or proof of dispatch, it may wait with the payment until it receives one of those.
- If the period has expired, write the trader a formal demand with specific dates and a reference to the statutory duty.
- If you paid by card and the trader does not respond, contact your bank and ask about a chargeback.
- If the demand does not help, consider a formal pre-action letter, or a submission to the Czech Trade Inspection Authority.
What to do next
A demand the trader cannot simply set aside rests on specific dates and a reference to Section 1832. You draft the pre-action letter yourself, if it comes to that.
Legamik is not a law firm and does not provide legal advice. In complex disputes we recommend consulting an attorney.