Full text of Act No. 34 / 1996 Coll.
Consumer Protection Act (full text as seen from subsequent amendments and additions)
Valid
Declared full text
Text versions:
29.02.1996
34
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announces the full text of Act No. 634 / 1992 Coll., on Consumer Protection, with amendments and additions implemented by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll. and Act No. 104 / 1995 Coll.
THE LAW
on consumer protection
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
INTRODUCTORY PROVISIONS
Subject matter and scope of the adjustment
(1) This law lays down certain conditions of enterprise (1) relevant to consumer protection, public administration tasks in the field of consumer protection and consumer authorisation, consumer associations (2) or other legal persons based on consumer protection.
(2) The provisions of the Specific Regulations (3) concerning the conditions of manufacture, import, sale and labelling of products and the provision of services are not affected by this Act.
(3) This law applies to the sale of products and the provision of services where performance takes place in the Czech Republic. Other cases are covered when the performance of a business activity in the Czech Republic is linked.
Definition of certain terms
(1) For the purposes of this Act:
(a) by the consumer, a natural or legal person who purchases or uses services for purposes other than business with such goods or services;
(b) by the seller of the trader, (4) who sells products or provides services to the consumer;
(c) by a manufacturer who has produced a product or a part of it or has provided services which have benefited or processed the raw material or which has been designated as a producer;
(d) by the importer, the entrepreneur who imported the products into the Czech Republic,
(e) by the supplier, any other entrepreneur who has supplied products to the seller directly or through other entrepreneurs;
(f) any product which has been manufactured, extracted or otherwise obtained, irrespective of the degree of processing thereof, and which is intended to be offered to the consumer,
(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 high cross-sectional ratio, suitable for textile processing, including flexible bands or tubes of a width not exceeding 5 mm;
(i) a dangerous product a product which, by reason of any defect or incorrect or insufficient information on its own or in the normal way of use, assembly or storage, as well as the release of harmful substances or as a result of reliance on accuracy, presents, with due care, an unforeseeable or increased risk to life, health or property; the product cannot be considered as dangerous only because the product was put into circulation safer,
(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.
(2) For the purposes of this Act, the seller is also a natural person who sells to the consumer plant and animal products from his own small farming or farming activities or forest crops.
OBLIGATIONS TO SALE PRODUCTS AND PROVIDE SERVICES
Honesty of the sale of products and the provision of services
The seller shall:
(a) to sell the products at the correct weight, size or quantity and to allow the consumer to check the accuracy of these particulars;
(b) to sell products and provide services in a prescribed or approved quality, provided that they are laid down or that this results from special regulations (5) or in the quality indicated by them; where the quality is not prescribed, approved or indicated in the normal quality,
(c) to sell products and provide services at prices agreed in accordance with price regulations (6) and to charge the prices when selling products or providing services correctly.
cancelled
Prohibition of discrimination against consumers
The seller shall not behave contrary to good manners when selling products and providing services; must in particular not discriminate against consumers in any way.
Prohibition of the supply and sale of dangerous products
(1) No one may sell or offer dangerous products.
(2) Responsibility for the breach of the prohibition referred to in paragraph 1 shall be waived by those who prove that they were dangerous products at the time of sale or offer.
(3) If the seller becomes aware of any facts suggesting that he has sold dangerous products to the consumer, he shall inform the consumer without delay. If it is not possible to inform individual consumers, it shall inform the consumer public and the public authorities which supervise compliance with the provisions of this law in an effective manner.
(4) The obligation imposed by paragraph 3 is mutatis mutandis for the manufacturer, importer and supplier.
(5) The provisions of the preceding paragraphs apply mutatis mutandis to the provision of services.
Prohibition of misleading consumers
(1) No one may mislead consumers, in particular by giving false, unsubstantiated, incomplete, inaccurate, unclear, ambiguous or exaggerated information, or by withholding information on the actual characteristics of products or services or on the level of purchasing conditions.
(2) The terms "guarantee," "guaranteed," as well as all other terms of similar content, may only be used where the contents and conditions of the guarantee are also specified.
(3) The general regulation of unfair competition (9) is without prejudice to the provisions of the preceding paragraphs.
Information obligations
(1) The seller shall inform the consumer properly of the characteristics of the products sold or the nature of the services provided, the way in which the product is used and maintained and the risks arising from its improper use or maintenance as well as the risks associated with the service provided. Where necessary in view of the nature of the product, the method and the duration of its use, the seller shall ensure that this information is contained in the accompanying written instructions and is understandable.
(2) The obligations referred to in paragraph 1 may not be waived by the seller by reference to the fact that the manufacturer, importer or supplier has not provided the necessary or correct information. However, these obligations do not apply to cases where there are obvious or generally known facts.
(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) 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.
(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 designate 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, provide evidence.
(4) The seller shall not remove or change the product designation or other particulars specified by the manufacturer, importer or supplier.
(5) When selling used or modified products, defective products or products whose utility characteristics are otherwise limited, the seller must give a clear warning to the consumer in advance. Such products must be sold separately from other products.
(6) The provisions of paragraphs 1 to 3 shall apply only mutatis mutandis to the sale of second-hand goods.
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)
(1) The seller shall inform the consumer clearly of the price of the products or services sold in force at the time of the offer. 11) To that end, it shall in particular clearly indicate the price or price of the products or services otherwise appropriately made available.
(2) Information on the price or the fact that the information is incomplete or missing must not in particular give rise to the impression that:
(a) the price is lower than the price actually is;
(b) the determination of the price depends on circumstances on which it does not actually depend;
(c) the price includes supplies of products, performances, works or services for which they are actually paid separately;
(d) the price has been or will be increased, reduced or unchanged, although this is not the case,
(e) the relationship between the price and usefulness of the product or service offered and the price and usefulness of the comparable product or service is as it really is not.
(3) The provisions of paragraph 2 shall apply mutatis mutandis to information on pricing methods.
The seller shall be obliged to inform the consumer properly of the extent, conditions and manner of liability for defects in products and services (hereinafter referred to as "complaints'), including information on where the claim can be made, and of the implementation of warranty corrections.
On cancellation of the establishment, the seller is obliged to inform the business office (11a) of where possible commitments can be settled.
Other obligations in the sale of goods and services
(1) If the nature of the product so permits, the seller is obliged to present the product at the consumer's request.
(2) In cases provided for by law (12), the seller is required to complete the guarantee note properly.
(1) At the consumer's request, the seller shall issue proof of the purchase or supply of the product, indicating the date on which the product or service was sold, or at what price the product or service was provided.
(2) When selling products with a subsequent delivery, the document shall contain the place of destination and the date of delivery.
(3) When selling used or modified products, defective products or products whose utility characteristics are otherwise limited, these must be clearly indicated on the document.
Where the nature of the products so requires, in particular taking into account the health conditions of the sale and the nature of the use, the seller shall be obliged to sell the products in hygienically safe packaging or to pack them in such packaging on sale, on self-service sale he shall provide the consumer with appropriate packaging material.
(1) Repayable back-up packages in which products are sold must be purchased for the entire period of operation at the establishment where the products are sold in such packages.
(2) The purchase of repayable back-up packages cannot be linked to the purchase of goods. The quantity of recovered back-up packages purchased shall not be limited by the seller.
(3) The purchase of repayable packaging may not be linked by the manufacturer or supplier to the purchase of the goods. The quantity of reusable packaging purchased shall not be limited by the manufacturer or the supplier.
(1) Except where another person is designated to make a correction, 13) the seller is obliged to accept a claim in any establishment in which acceptance of the claim is possible with regard to the range of goods or services sold and, where appropriate, at the premises or place of business.
(2) The operator responsible for handling the complaints must be present at the premises throughout the operating period.
(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.
repealed
TASKS OF PUBLIC MANAGEMENT
Protection against dangerous products
State authorities, local authorities and other public authorities shall, within the limits of their competence, take all measures necessary to prevent the placing into circulation or circulation of dangerous products. Dangerous products in circulation are required by all means available, in particular through mass information, to inform the consumer public.
repealed
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.
(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 or the opening of an establishment may be renewed only after it has been placed in 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.
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.
CONSUMER ASSOCIATION AND OTHER LEGAL PERSONS ESTABLISHED FOR CONSUMER PROTECTION
Legal status
The legal status of consumer associations and other legal persons based on consumer protection ("associations') is governed by specific laws. 15)
Authorisation against public authorities
The associations are entitled to initiate public authorities in the context of the performance of their tasks under Part Three of this Act. The public authorities receiving such initiatives shall inform the associations of their execution without undue delay but no later than two months after receipt of the complaint.
COMMON AND FINAL PROVISIONS
Consumer protection in illegal business
The obligations of sellers, manufacturers, importers or suppliers shall also be those engaged in the activities referred to in § 2 (1) (b) to (e) without appropriate authorisation.
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.
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 which do not have to bear particulars of the composition of the material.
Efficacy
This Act shall take effect on the day of its publication.
Act No. 217 / 1993 Coll. of 10 July 1993 amending and supplementing Act No. 634 / 1992 Coll., on Consumer Protection, became effective on 13 August 1993, Act No. 40 / 1995 Coll. of 9 February 1995, on Advertising Regulation and on Amendment and Addition to Act No. 468 / 1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, became effective on 1 April 1995, Act No. 104 / 1995 Coll. 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 Act, as amended by subsequent legislation, was effective on 1 July 1995.
Article III of Law 104 / 1995 Coll. reads:
Decree No 167 / 1953 of the Minister for Internal Trade, No. l., on the purchase of empty bottles, is hereby repealed.
Uhde v. r.
1) § 2 (1) of Act No. 513 / 1991 Coll., Commercial Code.
2) Act No. 83 / 1990 Coll., on the association of citizens.
3) For example, Act No. 30 / 1968 Coll., on State Testing, as amended, Act No. 20 / 1966 Coll., on the Care of People, as amended, Act No. 133 / 1985 Coll., on Fire Protection, as amended, Act No. 126 / 1985 Coll., on Fire Protection, as amended, Act No. 240 / 1991 Coll., on the Development of Plant Production, as amended, Act No. 222 / 1946 Coll., Act No. 110 / 1972 Coll., Act No. 51 / 1964 Coll., as amended, Act No. 61 / 1964 Coll.
4) § 2 (2) of Act No. 513 / 1991 Coll.
4 (a) For example, the Act of ČNR No. 128 / 1990 Coll., on the Advocacy, the Act of ČNR No. 209 / 1990 Coll., on commercial lawyers and legal assistance provided by them, the Act of ČNR No. 523 / 1992 Coll., on tax advice and the 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.
5) § 3 of Act No. 142 / 1991 Coll., on Czechoslovak Technical Standards.
6) Act No. 526 / 1990 Coll.
9) Title V of Part First Act No. 513 / 1991 Coll.
10) § 2 of Act No. 505 / 1990 Coll., on Metrology.
11) Paragraph 13 (2) of Act No. 526 / 1990 Coll.
11a) Act No. 570 / 1991 Coll., on Trade Unions.
12) Articles 620 (2) and (3) and 621 of the Civil Code.
13) The second sentence of Paragraph 625 of the Civil Code.
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).
22) § 84 and 85 of the ČNR Act No. 200 / 1990 Coll., on Infringements, as amended.
15) In particular Law 83 / 1990 Coll. or Civil Code.
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.
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Regulation Information
| Citation | Full text of Act No. 34 / 1996 Coll., Consumer Protection Act (full text as shown by later amendments and additions) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.02.1996 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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