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National specifics of consumer contracts.
Abusive arrangements in a consumer contract
Under Czech law, contracts concluded with a consumer may not contain arrangements which, contrary to the requirement of proportionality, create a significant imbalance in the rights or obligations of the parties to the detriment of the consumer. This prohibition applies to all consumer contracts, regardless of whether their content has been negotiated individually or not.
Rules concerning consumer contracts of sale
Czech legislation on consumer contracts is extended by some other rules beyond the requirements of the Consumer Sales and Guarantees Directive.
- The buyer acquires ownership by taking over the thing; according to the general regulation already with the effect of the contract. In the case of a self-service sale, the buyer acquires ownership by paying the purchase price; until then, the buyer can return the thing to its original location.
- If the buyer does not take over the thing within the agreed time, the seller is entitled to payment for storage. If the parties do not agree on its amount, the usual amount is applied.
- At the request of the buyer, the seller is obliged to confirm in writing the extent and duration of its obligations in the event of a defective performance. If necessary, the seller must explain in a clear manner in the confirmation the content, scope, conditions and duration of his obligation, as well as the manner in which the rights arising therefrom may be exercised.
- When buying already used consumer goods, the period for exercising the rights from a defective performance can be halved.
- The buyer has the right to a replacement or to withdraw from the contract even in the event of a defect that can be removed, if the buyer cannot use the thing properly due to the recurrence of the defect after repair or due to a larger number of defects. The buyer always has the right to a discount on the purchase price.
- The seller must confirm to the buyer in writing when the buyer exercised the right from a defective performance, as well as the performance of the repair and its duration.
- The period for the exercise of rights from a defective performance is determined from the notification of the defect through the period during which the buyer cannot use the defective thing.
- The seller is obliged to settle the complaint without undue delay, within 30 days at the latest. The parties have to agree if a longer period is possible. After the expiration of this deadline without result, the consumer has the right to withdraw from the contract or request a discount. This obligation does not apply to contracts for the provision of digital content or digital content services.
The rules on consumer contracts of sale apply not only to contracts concluded by a consumer as a buyer, but also to contracts concluded by another non-entrepreneur as a buyer. Consumer rights are therefore extended to legal persons not engaged in business, such as associations.read more
Reference to legal acts
Sections 1813, 2158 et seq. of Act No 89/2012, the Civil Code, as amended
Compliance date: Last checked at 27.11.2020