Act No. 104 / 1995 Coll.
Act amending and supplementing Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll. and Act No. 40 / 1995 Coll., and amending Act No. 40 / 1964 Coll., Civil Code, as amended
Valid
Law
Effective from 01.07.1995
104
THE LAW
of 24 May 1995
amending and supplementing Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll. and Act No. 40 / 1995 Coll., and amending Act No. 40 / 1964 Coll., Civil Code, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll. and Act No. 40 / 1995 Coll., is amended as follows:
1. Paragraph 2 (1) (a) reads as follows:
"(a) by the consumer, a natural or legal person who purchases or uses services for purposes other than business with such goods or services;"
2. in Article 2 (1), the following points (g) and (h) are inserted:
"(g) textile product textile fibre material, length and surface fabric, textile article, clothing product, at any stage of the processing, and textile products containing a textile component:
1. products containing at least 80% of textile fibres of a total weight,
2. covers of upholstered furniture, umbrellas and sun umbrellas, provided that they contain at least 80% of weight textile components;
3. textile components of multi-layer floor coverings, mattresses and camping products, warming liners for gloves and footwear, provided that those parts or liners are at least 80% of the total weight of the product,
4. textiles contained in other products where their composition is specified and if they form an inseparable part of those products;
(h) by textile fibre, a body characterised by flexibility, fineness and a high ratio of length to cross-section, suitable for textile processing, including flexible strips or tubes of a width not exceeding 5 mm, ';
Points (g) and (h) shall be renumbered as points (i) and (j).
3. in Paragraph 2 (1), the new point (j), including footnote 4a, reads:
"(j) any business activity which is intended to be offered to the consumer, with the exception of activities governed by specific laws, 4a) where the supervision of consumer protection is entrusted to professional associations or authorities other than those referred to in § 23.
4 (a) For example, the Act of ČNR No. 128 / 1990 Coll., on Advocacy, the Act of ČNR No. 209 / 1990 Coll., on Commercial Lawyers and Legal Assistance by them, Act No. 523 / 1992 Coll., on Tax Advice and Chamber of Tax Advisers of the Czech Republic, and Act No. 273 / 1993 Coll., on certain conditions for the production, dissemination and archiving of audiovisual works, amending and supplementing certain laws and certain other regulations. "
4. Paragraph 2 is deleted.
Paragraph 3 shall become paragraph 2.
5. Paragraph 4, including footnote 7, shall be deleted.
6. Section 5, including the title, is deleted.
7.
Prohibition of discrimination against consumers
The seller shall not behave contrary to good manners when selling products and providing services; in particular, must not discriminate against consumers in any way. ';
Note 8) is deleted.
8. Article 10 (1) reads as follows:
"(1) The seller must ensure that the products sold by him are clearly visible and clearly marked
(a) the name of the product, the name of the manufacturer or importer or, where appropriate, the supplier, the particulars of the weight or quantity or size or size or, where appropriate, the size, other particulars required by the nature of the product to identify it or use it,
(b) also particulars of the composition of the material, if it relates to textile products, with the exception of those products which are not subject to the labelling obligation under a specific regulation;
(c) also an indication of the date of minimum durability, if any, of the food products and, where applicable, of the date of application, of the perishable food products. "
9. In Paragraph 10, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) Where specific rules are required when using the case, in particular when following the instructions, the seller shall be obliged to inform the consumer thereof, unless the rules are generally known.
(3) If the products sold cannot be identified directly, the seller must clearly and clearly indicate them by the particulars referred to in paragraph 1 in another appropriate way. Where it is not possible or expedient to identify the products sold in such a way, due to their nature, the seller shall, at the request of the consumer or of the authorities which supervise compliance with the provisions of this law, give true or, where appropriate, document such information. '
Paragraphs 2 to 4 shall be renumbered paragraphs 4 to 6.
10. In Paragraph 10 of the new paragraph 6, the words "to 3 'shall be inserted after the words" paragraph 1'.
11.
If the information referred to in Sections 9 and 10 is provided in writing, it must be in the Czech language. Physical quantities must be expressed in the measurement units provided for by a special law. 10). "
12.
On cancellation of the establishment, the seller is obliged to inform the business office (11a) of where possible commitments can be settled.
11a) Act No. 570 / 1991 Coll., on Trade Offices. '.
13. In Paragraph 19 (1), at the end of the sentence, the words "in the place where he is managing his business' are replaced by the words" in the seat or place of business'.
14. in Paragraph 19, paragraph 3 is deleted.
15. Paragraph 19 (4) becomes paragraph 3 and reads as follows:
"(3) The seller or his authorised official shall decide on the complaint immediately, in complex cases within three working days. That period shall not include a period appropriate to the type of product or service required for the expert assessment of the defect. The claim, including the removal of the defect, shall be settled without undue delay, no later than 30 days after the date of the claim, unless the seller agrees with the consumer on a longer period. At the end of that period, the consumer shall have the same rights as if it were a defect which cannot be remedied. ';
16. In Section 21, the second sentence is: "They are obliged to inform the consumer public by all means available, in particular through mass information. '
17. In Paragraph 21, the third sentence is deleted.
18. Paragraph 22, including the title and footnote 14, shall be deleted.
19. Paragraph 23, including the title and notes No 16) to 21) reads as follows:
Supervision of consumer protection
(1) Supervision of compliance with the obligations laid down by this Act is carried out by the Czech Trade Inspection16), with the exception of supervision under paragraph 4 (b) to (d).
(2) Supervision of compliance with the obligations laid down in Sections 3 (b), 7 to 9, 10 (1) (c) and 17 of this Act on the section of agricultural, food, cosmetic, washing, detergent and tobacco products is also carried out by the Czech Agricultural and Food Inspection. 17)
(3) Supervision of compliance with the obligations laid down in § 3 (b), § 7, § 8 (1), § 9, § 10 (1) and (3) and § 17 of this Act on the section on the protection of human health, in particular from the point of view of the health of products and services provided, is also carried out by the health services authorities. 18)
(4) Supervision of compliance with the obligations laid down in § 3 (b), § 7 to 9, § 10 (1) (c) and § 17 of this Act are carried out by veterinary authorities, 19), in particular from the points of view of:
(a) the health and biological values of food products of animal origin;
(b) health and dietary safety of feedingstuffs,
(c) ensuring that only veterinary medicinal products and preparations approved under a specific Regulation are put into circulation, 18)
(d) the security of the sale of live animals in accordance with conditions laid down in specific provisions. 19)
(5) Supervision of compliance with the obligations set out in Sections 3 (a) and 3 (b), 7 and 11 of this Act shall also be carried out by the Office for Technical Standardisation, Metrology and State Testing. 20)
(6) Supervision of compliance with the obligations laid down in Sections 8 to 10 and 14 of this Act in the field of trade and services (21) is carried out by the district business offices and by them on an equal footing with the trade offices established, 11a) competent according to their registered office or place of business, where appropriate.
16) Act ČNR No. 64 / 1986 Coll., on Czech Trade Inspection, as amended.
17) Act ČNR No. 63 / 1986 Coll., on Czech Agricultural and Food Inspection.
18) Act No. 20 / 1966 Coll.
19) Act ČNR No. 108 / 1987 Coll., on the jurisdiction of veterinary care bodies of the Czech Socialist Republic, as amended by the legal measure of the Bureau of ČNR No. 25 / 1991 Coll., Act No. 437 / 1991 Coll., the legal measure of the Bureau of ČNR No. 348 / 1992 Coll. and Act No. 112 / 1994 Coll. Act No. 87 / 1987 Coll.
20) Act No. 30 / 1968 Coll.
21) Sections 33 and 43 of Act No. 455 / 1991 Coll., on Business Business (Trade Act). '
20. The following Section 23a is inserted after Section 23:
(1) The authorities referred to in Section 23 are entitled to issue binding guidelines to address the deficiencies identified. In the event of an immediate threat to life, health or property, they shall be entitled to suspend the sale of products or the provision of services or to close down an establishment; If the urgency of the situation so requires, this decision may be notified orally and a written copy of the decision may be served without delay.
(2) The second sentence of paragraph 1 may be appealed against within three days of the date of service of the written copy of the decision. The appeal shall not have suspensory effect and shall be decided by the appeal authority without delay.
(3) The sale of products or the provision of services may not be resumed until the establishment has been put into good condition and only with the written consent of the authority which has decided to suspend the sale of products or the provision of services or to close the establishment. "
21.
Fines
(1) For infringement of the obligations laid down in Sections 3, 6, 7, 8 (1) and (2), 9 to 19 of this Act, the authorities listed in Section 23 shall impose a fine of up to CZK 500,000; when fixing the amount of the fine, account shall be taken of the nature of the infringement and the extent of its consequences. A fine of up to CZK 1 000 000 may be imposed for repeated infringements within one year.
(2) On its own initiative or on the initiative of a consumer association or other legal person based on consumer protection, the authorities referred to in Article 23 shall impose a fine on the seller, manufacturer, importer or supplier who has sold, produced, imported or supplied a product whose defect has caused injury to life or health up to a maximum of CZK 10 000 000; they shall also impose a fine on persons referred to in Paragraph 27 who have sold, produced, imported or supplied a product whose defect has caused injury to life or health. They shall impose the same fine on the person who caused such damage by faulty provision of the service. A fine may not be imposed on a person who proves that the injury could not be prevented even if all the efforts that could be required of him were made.
(3) The fine referred to in paragraph 1 may be imposed up to CZK 5000 in block proceedings if the infringement is reliably detected and the person who has broken the obligation is willing to pay the block penalty. The provisions on block management under a special law shall apply mutatis mutandis to block management under this law. 22)
(4) The fine referred to in paragraph 1 may not be imposed where a fine has been imposed under a special law and where a fine may be imposed under paragraph 2.
(5) In cases where several of the authorities referred to in Paragraph 23 are active, the first to initiate administrative proceedings shall be fined. They shall inform each other of the initiation of the proceedings imposing a fine.
(6) The proceeds of fines imposed pursuant to paragraphs 1 to 3 constitute the income of the state budget of the Czech Republic.
(7) The fine referred to in paragraph 1 may be imposed within three years and the fine referred to in paragraph 2 may be imposed within 10 years of the date on which the infringement occurred.
(8) The imposition of a fine is without prejudice to the obligation to make good the damage.
22) Sections 84 and 85 of the ČNR Act No. 200 / 1990 Coll., on Infringements, as amended. '
22. Paragraph 26 (2) is deleted; at the same time the numbering of the paragraphs is deleted.
23. Paragraph 28, including the title and footnote 23, reads as follows:
Relationship with the Administrative Rules
The General Rules on Administrative Procedure shall apply to proceedings under Sections 23a and 24 of the Act, 23) unless otherwise provided for in that Act.
23) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations). Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
24. The following Section 28a is inserted after Section 28:
The Ministry of Industry and Trade provides by decree
(a) the method of determining the content of each fibre type in the textile product;
(b) details of how textile products are to be labelled,
(c) a list of textile products not required to bear particulars of the composition of the material. "
25. In § 1 (3) and § 2 (1) (d) of the Act, the words "Czech and Slovak Federal Republic" are replaced by the words "Czech Republic."
Decree No 167 / 1953 of the Minister for Internal Trade, No. l., on the purchase of empty bottles, is hereby repealed.
The President of the Chamber of Deputies is hereby authorised to declare in the Collection of Laws of the Czech Republic the full text of Act No. 634 / 1992 Coll., on Consumer Protection, as is apparent from the amendments and additions made by later regulations.
This Act shall take effect on 1 July 1995.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 104 / 1995 Coll., amending and supplementing Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll. and Act No. 40 / 1995 Coll., and amending Act No. 40 / 1964 Coll., Civil Code, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1995 |
|---|---|
| Effective from | 01.07.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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