Basic information on complaints and withdrawal from the purchase contract - Legislation in the Czech Republic

General legislation

The above paragraphs refer to the process of selling goods at a distance.

• An entrepreneur is a person who carries on a business activity for profit on a long-term basis and on his or her own behalf. It can be a "company" or a natural person doing business. He buys goods in connection with his business or self-employed activity and, where appropriate, resells them.

• They can act for the entrepreneur:
  • the statutory body (in the case of a legal person) and/or;
  • proxy (only in commercial matters, e.g. may not make decisions regarding real estate) and/or;
  • a person authorised by power of attorney and/or;
  • persons whose position or contract of employment so requires

• A business premises (Section 17 of Act No. 455/1991 Coll., on trade business, as amended) is the premises in which the business is operated. A vending machine or similar device used for the sale of goods or the provision of services and a mobile establishment (an establishment that is relocatable and not located in one place for more than 3 months) are also considered to be an establishment.
  The actions of any employee of the entrepreneur or any other person on the entrepreneur's premises shall be binding on the entrepreneur vis-à-vis third parties.

• A consumer is any customer who does not provide his/her business registration number for the purchase or whose name does not indicate that he/she is a business (Jan Novák, Ltd.). The consumer uses the goods for his/her personal non-business use.

• Bespoke goods are goods made according to specific customer requirements. It is not goods that are made or sold from catalogue offers, although the customer may choose a combination of individual elements. It is only goods of which at least one element is not supplied by the seller as standard.

• Distance selling is
  • any sale outside the seller's brick-and-mortar establishment
  • eshop
  • contract concluded by email
  • contract concluded over the phone
  • contract sent to the customer for signature

• For distance selling, the customer has the right to withdraw from the purchase contract within 14 days from the date of receipt of the goods, with a few statutory exceptions according to § 1837 CC.

• Any period ending on a weekend or public holiday shall end on the first following working day.

• The seller is obliged to deliver the goods in the so-called medium quality that meets the intended use and the legitimate expectations of the customer (unless a different quality has been agreed between the parties).

• Instructions for consumers must be:
  • Czech;
  • in written form (possibly using easy-to-understand pictograms);
  • complete;
  • no smaller than font 8 in Word

• When rejecting a claim, the seller cannot refer to something in the manualfor goods not (e.g. neglect of maintenance).

Writing is anything where there is "writing", i.e. a personally delivered document, a letter, texting, email or online form.

• If the sender is not notified of the email delivery, the email is legally delivered NOT.
  An email can be considered as a delivered document if at least one of the following conditions is met:
  • the sender receives a delivery note from the recipient's postal client
  • the recipient manually acknowledges receipt
  • the recipient replies to the email in clear context

• The letter must always contain the identification of the case (complaint number and date of receipt), the content of the communication (for example, clearly stating how the complaint was resolved), the name of the company and the establishment to which the customer can contact.

• The purchase contract in the Eshop is formed by sending an order (proposal) and its subsequent confirmation (receipt of the proposal). Then the seller is obliged to deliver the goods at the agreed price, which cannot be changed and the buyer is obliged to take the goods and pay. The confirmation of the proposal must not contain anything beyond the order, otherwise it is a counter-proposal.

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