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

Legislation Complaints

The following data summarises information from the current legislation on complaints goods.

Entrepreneur

• Unless a contractual guarantee is agreed in writing, only legal liability for defects upon acceptance shall apply.
• Obvious defects must be claimed upon acceptance.
• Hidden defects must be claimed without delay upon discovery.
• The complainant must prove that the defect was already present when the goods were taken over.
• Defects are divided into essential and non-essential.
  • Those which have not been so designated in the contract or those in which the beneficiary cannot have an interest in such performance are essential.
    • Substantial defects give rise to a claim for:
      • repair of goods
      • exchange of goods
      • replenishment of missing goods
      • removal of legal defects
      • a discount on the purchase price
      • withdrawal from the contract
  • All others are deemed immaterial and the buyer must prove that it is material.
    • Non-substantial defects give rise to a claim for:
      • repair of goods
      • exchange of goods
      • replenishment of missing goods
      • removal of legal defects
      • a discount on the purchase price

A reasonable period of time must be allowed for the withdrawal to be remedied. Only if this time limit is not met can the purchase contract be withdrawn.

• If a material defect is found, the entrepreneur is entitled to reimbursement of the lost profits according to the tax return.

• If a defect in the goods causes damage exceeding EUR 500, the trader is entitled to claim liability for the defect from the seller. He can then claim against the carrier or the manufacturer.

Consumer

• New goods are covered by a 24-month statutory warranty.

• If the goods are covered by an extra manufacturer's warranty, the longer warranty period shall definitely apply. The customer does not have to provide proof of the warranty, for example a promotional leaflet or printscreen of an internet advertisement stating the longer warranty or anything similar that is used to advertise the goods will suffice.

• The consumer can provide proof of purchase:
  • receipt or warranty card
  • by order or confirmation from the shop
  • bank statement if paid by card

• The seller is not obliged to accept the claim when:
  • the goods are hygienically defective and do not meet basic hygiene standards
  • the customer refuses to give his/her details, a complaint report cannot be drawn up and the goods are not actually handed over for complaint

• Upon receipt of a complaint, the seller must issue a complaint report.

• The 30-day period begins on the day following receipt of the claim, i.e. the day of receipt is day zero.

• The Seller is obliged to contact the consumer with information on how to settle the complaint within 30 calendar days in writing.

• Failure to meet the 30-day deadline entitles the customer to withdraw from the purchase contract and risk a fine from the Czech Trade Inspection Authority (CTIA).

• The time limit can be extended by written consent of the customer.

• The buyer is obliged to inspect the goods upon receipt.

• If the item has a defect of which the buyer was already aware at the time of purchase, i.e. an obvious defect, it is assumed that he purchased the item with the defect.

• If the item has a defect that only an expert would have recognized at the conclusion of the contract and inspection of the item, i.e. a hidden defect, or if it is a defect that has occurred later, the buyer has the right to claim the defect without undue delay after its discovery.
  If he does so within 6 months of the purchase, he benefits from the rebuttable legal presumption under section 2161(1) (it is up to the seller to prove that the thing was not defective when he took it over) that the thing was already defective when he took it over.
  If he does so later, but within the 24-month warranty period, he must, on the other hand, prove that the item was defective upon receipt.

• For a period of 6 months from the delivery of the item, the consumer has the right to exchange the item for a new one in addition to the repair. However, this request must be made at the time of filing the complaint, i.e. the request for replacement must be indicated on the complaint report, otherwise the decision is entirely up to the seller. The consumer is only entitled to such a replacement if it is not a so-called minor defect.

• After a period of 6 months from receipt, the consumer has the right to:
  • in the case of removable defects, a repair or a discount on the purchase price
  • in the case of removable defects, when 3 different defects appear at the same time or 3 defects of the same sequence for a discount, replacement or withdrawal from the purchase contract

• The consumer is entitled to reimbursement of costs reasonably related to the complaint:
  • transport costs
  • the cost of an expert's report in the event of an accepted claim
  • postage and telephone costs
  • in the event of successful litigation:
    • expert opinion
    • advance to the court
    • costs recognised by the court

• Reasons for rejecting a claim:
  • The application of defects in the goods was not made immediately after their discovery
  • The defect was obvious upon receipt of the goods
  • The goods have been mechanically damaged by the consumer and are therefore not defective
  • This is normal wear and tear
  • These are common properties of natural materials
  • The utility and aesthetic values of the goods have been prematurely exhausted by negligent use
  • The defect was present at the time of acceptance and a discount on the purchase price was agreed
  • The defect was caused by an external event beyond the seller's control
  • Omission of the guarantee period
  • The defect was not apparent on detailed examination

Common

• The warranty is increased by the days of the claim, i.e. from the receipt of the claim from the customer to the information about the possibility of collection. In the case of parcel delivery, the three-day delivery period is taken into account. Therefore, if the customer sends the goods by parcel, they are deemed to have been received within 3 working days of dispatch. If the goods are subsequently sent back to the customer also by parcel, they are deemed to have been received within 3 working days of dispatch.
• The Buyer must always notify the Seller of his/her choice of preferred method of resolution when accepting the claim. If he fails to do so, he cannot then invoke it.
• If the Seller settles the Buyer's claim by replacing the item without prior consent, the Buyer has the right to withdraw from the contract.
• If the Seller devalues the product claimed by the Buyer during the settlement of the claim, the Buyer is entitled to compensation for the damage by restoring it to its original condition or by paying the assessed damage in money.
• In the case of a minor breach of contract - the customer may request a repair of the item or a discount on the purchase price.
  However, if the item is not repaired within the time limit or the seller refuses to fix it, then the buyer can withdraw from the contract.

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