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

Complaints and Withdrawal from the Purchase Contract (hereinafter referred to as "Cancellation") are an integral part of the product ordering process.
Basic pointwhich must be followed (in addition to the instructions from our company) is the applicable legislation.

RMA legislation in the Czech Republic is governed by Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as "CC"), where in relation to entrepreneurs the general provisions on the purchase contract apply (§§ 2099 - 2112 CC), and in relation to consumers, in addition, the provisions on consumer protection apply (§§ 1820 - 1851 CC, §§ 2158 - 2174 CC); in relation to consumers, the RMA legislation is further governed by Act No. 634/1992 Coll., on Consumer Protection, as amended.
Commercial Code: https://www.zakonyprolidi.cz/cs/2012-89
Consumer Protection Act: https://www.zakonyprolidi.cz/cs/1992-634

Information on the handling of complaints as provided by the Czech Trade Inspection Authority can be found here https://www.coi.cz/pro-podnikatele/informace-pro-prodejce-zbozi-a-sluzeb/reklamace-zbozi-a-sluzeb/.
The Czech Trade Inspection Authority only looks at cases with regard to the complaint process - obligations towards customers (B2C).

Due to the difficulty of searching for individual points directly in the Code, we have summarised the most important points in a few paragraphs. In this article you will find the issues of Complaints and OCCS according to the division of the relationship into B2B and B2C.

Page 2: General legislation

Page 3: Legislation Complaints

Page 4: OOCS legislation

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 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.

In case you have any further questions, you can contact us via Help Centre.

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.

In case you have any further questions, you can contact us via Help Centre.

OOCS legislation

Here you will find information that summarises the current legislation on withdrawal from the contract of sale.

Entrepreneur

• The entrepreneur shall not be entitled to withdraw from the purchase contract within 14 days if the goods show defects that were already present upon receipt.

Consumer

• The consumer customer has the right to withdraw from the purchase contract within 14 days of receipt of the goods, whereby it is sufficient to send the goods on the 14th day (they do not have to be delivered to the seller within 14 days).
• Withdrawal from a purchase in the e-shop must be made in writing, i.e. by letter, on a withdrawal form, by email orabout texting. A withdrawal made by the consumer over the phone in the context of a voice call may not be taken into account by the seller.
• If the consumer withdraws from the purchase contract, he must deliver - return the goods to the seller without undue delay and within 14 days at the latest.
• The Seller is obliged to return to the Buyer all funds, including delivery costs, received from the Buyer under the Purchase Agreement within 14 days upon withdrawal from the Purchase Agreement, in the same way that it was paid.
• The seller is not obliged to return the funds before the consumer has handed over the goods or proved that he has sent the goods.

• The consumer cannot withdraw from the purchase contract in the following cases:
  • if the goods are supplied which have been customised, i.e. with any bespoke modification
  • if the goods are in sealed packaging which the consumer has removed from the packaging and cannot be returned for hygiene reasons

• The consumer is entitled to a refund of the postage he paid for the delivery of the product from the seller to him, but he is not entitled to a refund of the postage he paid for the journey of the product from himself to the seller in connection with the withdrawal from the contract of sale. If the consumer has chosen a delivery method other than the cheapest delivery method offered by the seller, the seller shall reimburse the consumer for the cost of delivery of the goods at the rate of the cheapest delivery method.

In case you have any further questions, you can contact us via Help Centre.