Act No. 119 / 2004 Coll.

Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended, and Act No. 283 / 1991 Coll., as amended

Valid Law Effective from 19.03.2004
119
THE LAW
of 20 February 2004
amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended, and Act No. 283 / 1991 Coll., as amended
Parliament has decided on this law:

ČÁST PRVNÍ

Čl. I
Act No. 1 / 2001, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2, Act No. 2 / 2000, Act No. 2, Act No. 2, Act No. 2 / 2000, Act No 2000, Act No 2000, Act No. 2, Act No. 2, Act No. 2 / 2000, Act No 2000, Act No 2000, Act No 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2, Act No. 2000,
1. In Article 11 (8), "(Article 31 (7)) 'is replaced by" (Article 31 (12))';
2. The heading "Obligations of an entrepreneur 'is inserted under the heading of Section 31.
3. In Paragraph 31 (2), "paragraph 11 'is replaced by" paragraph 16';
4. In Article 31, the following paragraphs 4 to 8 are inserted after paragraph 3, including footnote 31b:
"(4) The entrepreneur shall, if the purchase of second-hand goods or goods without proof of the acquisition, acceptance of such goods or the brokering of their purchase or acceptance of such goods is required, identify its participants and the subject of the contractual relationship before the conclusion of the contractual relationship, keep a record of such facts, including the date of conclusion of that contractual relationship.
(5) Identification of participants for the purposes of this Act means:
(a) in the case of a natural person, the identification of his or her name and surname, where applicable, of all names and surnames, date of birth, permanent or other residence, their verification of the relevant identity document, if any, and the specification of the relevant identity document, including an indication of the authority and the State which issued him or her;
(b) in the case of a legal person, the identification of a trading firm or a name, including a distinguishing supplement or a further designation, its registered office, identification number or similar number allocated abroad, and the identification of the natural person referred to in (a) acting on behalf of that legal person in the contract.
(6) For the purposes of this Act, the identification of the object of the contractual relationship means the identification of the product name, its brand name and its production number, if any, otherwise a brief description of the product, enabling it to be sufficiently identified.
(7) The verification or detection of the data referred to in paragraph 5 may also be carried out by remote transmission, provided that the identification of such data is guaranteed under specific legislation. 31b. The identification information referred to in paragraphs 4, 5 and 6 shall be kept by the entrepreneur for a period of 5 years from the date of conclusion of the contract.
(8) Where a participant in a contractual relationship refuses to submit to an identification or if it is not possible to identify the subject of the contractual relationship, the trader may not buy the goods, accept them as collateral or facilitate their purchase.
31b) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws, as amended by Act No. 226 / 2002 Coll. '.
Paragraphs 4 to 16 shall become paragraphs 9 to 21.
5. In Paragraph 31 (13), "paragraph 7 'is replaced by" paragraph 12'.
6. In Paragraph 31 (14), "7 and 8 'is replaced by" 12 and 13';
7. in Article 65 (1), point (c) is deleted;
Point (d) shall be renumbered (c).
8. in Paragraph 65, the following paragraph 2 is inserted after paragraph 1:
"(2) The Trade Office may impose a fine on an entrepreneur up to CZK 1 000 000 if the entrepreneur infringes the obligations laid down in § 31."
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
9. In Article 65 (7), "Article 31 (7) 'is replaced by" Article 31 (12)' and "(Article 31 (8) 'is replaced by" (Article 31 (13)'.
10. in Paragraph 66 (4), "paragraphs 1 to 3" shall be replaced by "paragraphs 1 to 4";

ČÁST DRUHÁ

Amendment to the Consumer Protection Act
Čl. II
Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll., Act No. 104 / 1995 Coll., Act No. 110 / 1997 Coll., Act No. 356 / 1999 Coll., Act No. 64 / 2000 Coll., Act No. 145 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 452 / 2001 Coll., Act No. 477 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 227 / 2003 Coll., and Act No. 277 / 2003 Coll., is amended as follows:
1. In Article 10, at the end of paragraph 6, the sentence "In the establishment, in the place reserved for sale of such products, articles which are not for sale may not be stored. '
2. In Article 16, the following paragraph 4 is added:
"(4) At the request of the supervisory authorities or of the police within the limits of its authorisation, the seller shall, if the purchase of second-hand goods or goods without proof of the acquisition, acceptance of such goods as collateral or brokering or purchase or acceptance of such goods is required, submit identification information in accordance with a specific legislation. 12b)
12b) Paragraph 31 (4) to (7) of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '

ČÁST ČTVRTÁ

EFFECTIVE
Čl. IV
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
v z. Gross v. r.

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Regulation Information

CitationAct No. 119 / 2004 Coll., amending Act No. 455 / 1991 Coll., on Business Business (Trade Trade Act), as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended, and Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation19.03.2004
Effective from19.03.2004
Effective until-
Status Valid
The regulation text is for informational purposes only.
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