General legislation

These paragraphs relate to the process of selling goods by distance.

  • An entrepreneur is a person who does business activities, the purpose of which is to make a profit, in the long run and in his own name. It can be a "company" or a natural person. It buys goods in connection with the performance of its business or self-employed activity and possibly sells it on.
  • The following can act on behalf of the entrepreneur:
    • statutory body (in the case of a legal person) and / or;
    • procurator (only in commercial matters, eg he may not make decisions regarding real estate) and / or;
    • a person authorized by the power of attorney and / or;
    • persons for whom this results from their function or employment contract
  • An establishment (Section 17 of Act No. 455/1991 Coll., On Trade Licensing, as amended) is the space in which the business is operated. A vending machine or similar device used for the sale of goods or provision of services and a mobile establishment (an establishment which is relocatable and not located in one place for more than 3 months) is also considered to be an establishment.
    The conduct of any employee of the entrepreneur or another person in his establishment is binding on the entrepreneur towards third parties.
  • A consumer is any customer who does not state his ID number for the purchase or does not imply from his name that he is an entrepreneur (Jan Novák, sro). The consumer uses the goods for his personal non-business needs.
  • Custom goods are goods made according to special customer requirements. It is not a product that is made or sold from the offers in the catalog, although the customer can choose a combination of individual elements. It is only goods, of which at least one of its elements is not standardly supplied by the seller.
  • The distance sale is
    • any sale outside the seller's stone premises
    • eshop
    • contract concluded by email
    • contract concluded by telephone
    • contract sent to the customer for signature
  • In the case of distance sales, 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 legal exceptions according to § 1837 of the Civil Code.
  • Any period ending on a weekend or public holiday ends on the first following working day.
  • The seller is obliged to deliver the goods in the so-called medium quality, which meets the purpose of use and the legitimate expectations of the customer (unless a different quality has been agreed between the parties).
  • The instructions for consumer goods must be:
    • Czech;
    • in written form (or the possibility of using clear pictograms);
    • complete;
    • not less than font 8 in Word
  • The seller cannot refer to anything in the manual when rejecting a complaintu to the goods not (eg neglect of maintenance).

A document is anything where there is a "font", ie a personally delivered document, a letter, sms, email or online completed form.

  • If the sender is not notified of the delivery of the email, the email is legally delivered NO.
    An email can be viewed as a document delivered if at least one of the following conditions is met:
    • the sender receives a delivery note from the recipient's mail client
    • the recipient manually acknowledges receipt
    • the recipient responds to the email in a clear context
  • The document must always contain the identification of the case (complaint number and date of receipt), the content of the message (for example, clearly stating how the complaint was resolved), the name of the company and the establishment to which the customer can turn.
  • The purchase contract in the Eshop is created by sending the order (proposal) and its subsequent confirmation (receipt of the proposal). Then the seller is obliged to deliver the goods at an agreed price, which he cannot change, and the buyer is obliged to take the goods and pay. The design confirmation must not contain anything beyond the scope of the order, otherwise it is a counter-proposal.

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