Act No. 36 / 2008 Coll.
Act amending Act No. 634 / 1992 Coll., on Consumer Protection, as amended, Act No. 40 / 1995 Coll., on Advertising Regulation and amending and supplementing Act No. 468 / 1991 Coll., on Broadcasting, as amended, as amended, and Act No. 513 / 1991 Coll., Commercial Code, as amended
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12.02.2008
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36
THE LAW
of 17 January 2008
amending Act No. 634 / 1992 Coll., on Consumer Protection, as amended, Act No. 40 / 1995 Coll., on Advertising Regulation and amending and supplementing Act No. 468 / 1991 Coll., on Broadcasting, as amended, as amended, and Act No. 513 / 1991 Coll., the Commercial Code, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Consumer Protection Act
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. 86 / 2004 Coll., Act No. 227 / 2003 Coll., Act No. 277 / 2003 Coll., Act No. 439 / 2003 Coll., Act No. 119 / 2004 Coll., Act No. 86 / 2004 Coll., Act No. 217., Act No. 227 / 2004 Coll., Act No. 227 / 2005 Coll.
1. In Paragraph 1 (1), the words "incorporating the relevant provisions of the European Community1) and 'shall be inserted after the words" This Act'.
Footnote 1:
"(1) Directive 2005 / 29 / EC of the European Parliament and of the Council on unfair commercial practices towards consumers in the internal market and amending Council Directive 84 / 450 / EEC, Directives 97 / 7 / EC, 98 / 27 / EC and 2002 / 65 / EC of the European Parliament and of the Council and Regulation (EC) No 2006 / 2004 (Directive on unfair commercial practices). Council Directive 69 / 493 / EEC on the approximation of the laws of the Member States relating to crystal glass. Directive 94 / 11 / EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the labelling of materials used in the essential parts of footwear sold to consumers. Council Directive 87 / 357 / EEC on the approximation of the laws of the Member States relating to products the true nature of which is not identifiable and which therefore endanger the health or safety of consumers. Directive 96 / 74 / EC of the European Parliament and of the Council on textile names. ';
footnote 1 shall be renumbered footnote 1a, including the footnote reference.
2. In Article 1 (3), the words "offering and 'and the words" products and' are inserted after the words "offering and '.
3. in Article 2 (1) (f):
"(f) the product of a case or other value to be offered to the consumer which may be the subject of a legal relationship;"
4. In Paragraph 2 (1), the dot at the end of point (r) is replaced by a comma and the following point (s) is added:
"(s) professional care shall provide the level of specific skills and care which may reasonably be expected of the entrepreneur in relation to the consumer and which corresponds to fair commercial practices or general principles of good faith in the field of his activity.";
5.
Unfair commercial practices
(1) The commercial practice is unfair if the conduct of an entrepreneur vis-à-vis the consumer is contrary to the requirements of professional care and is capable of substantially affecting its decision-making in such a way that it can make a business decision that it would otherwise not have taken.
(2) Where the commercial practice is targeted at consumers who are particularly vulnerable because of their mental or physical weakness or age, their immorality shall be assessed for the average member of the group; This is without prejudice to the usual advertising exaggeration.
(3) The use of unfair commercial practices when offering or selling products, offering or providing services or rights shall be prohibited. In particular, unfair are misleading and aggressive commercial practices. '
6. Article 5, including the title and footnotes Nos 4b and 6b, reads:
Misleading commercial practices
(1) The commercial practice is misleading,
(a) if an incorrect indication is used,
(b) if an important figure is in itself true, but may mislead the consumer in the circumstances and context in which it was used;
(c) omitting an important indication which, taking into account all the circumstances, may be required of an entrepreneur in a fair manner; omission shall also be considered as an incomprehensible or ambiguous indication; or
(d) if the method of presentation of the product or service, including comparative advertising, or their placing on the market for confusion with other products or services, or the distinguishing characteristics of another entrepreneur;
(e) if the undertaking contained in the code of conduct to which the trader has undertaken to comply is not complied with, if there is a clear commitment that can be verified and the commercial practitioner indicates that it is bound by the code.
(2) The marketing or sale of goods or services infringing certain intellectual property rights, as well as the storage of such products for the purpose of offering or selling them, and the unauthorised use of a sign protected under special legislation (4b) in the course of trade, shall also be regarded as misleading commercial practice.
(3) The misleading commercial practice is always the practice listed in Annex 1 to this Act.
(4) Data provided under Sections 10 (1) and 10 (2), 12, 13 and the sales identification data and the information required for the conclusion or exercise of the contract under special legislation6b shall be considered as an important figure within the meaning of points (b) and (c) of paragraph 1.
4b) Act No. 441 / 2003 Coll., on Trade Marks and Amendment to Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of Courts and on the amendment of certain other laws (Law on Courts and Judges), as amended, (Law on Trade Marks), as amended.
6b) For example, Act No. 40 / 1964 Coll., Civil Code, as amended, Act No. 159 / 1999 Coll., on certain conditions of tourism business, as amended, Act No. 526 / 1990 Coll., on prices, as amended, Act No. 79 / 1997 Coll., on medicinal products, and on amendments and additions to certain related laws, as amended, Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., Act No. 37 / 2004 Coll., on the operation of radio and television broadcasting, as amended, as amended, Act No. 321 / 2001 Coll.
7. § 5a, including the title reads:
Aggressive commercial practices
(1) The commercial practice is aggressive if, taking into account all the circumstances of its harassment, coercion, including the use of force or undue influence, significantly aggravates the possibility of a free consumer decision. In assessing whether a commercial practice is aggressive, account shall be taken in particular of the following circumstances:
(a) timing, location and duration of the commercial practice;
(b) the manner of action, its threats and its insults,
(c) conscious use of the consumer's unfavourable situation;
(d) disproportionate barriers to the exercise of consumer rights; or
(e) a threat of unlawful conduct.
(2) Aggressive commercial practice is always the practice listed in Annex 2 to this Act. '
8.
Prohibition of discrimination against consumers
The seller shall not discriminate against the sale of products or the provision of consumer services. ';
9.
Prohibition on the production, import, export, offering, selling and donating of products hazardous to their interchangeability with food
It shall be prohibited to manufacture, import, export, offer, sell or donate products that are dangerous by their interchangeability with food. ';
10. Article 7b, including the title and footnote 7, reads as follows:
Prohibition on the marketing, sale and export of products intended for humanitarian purposes
It shall be prohibited to offer products for sale, sale and export outside the territory of the Czech Republic which are intended for humanitarian purposes and which are labelled "humanity7 '.
7) § 7b of Act No. 64 / 1986 Coll., on Czech Trade Inspection. "
11. Article 8, including the title and footnote 9, shall be deleted;
12. in Article 10 (1), point (c), including footnote 9a, is deleted;
Point (d) shall be renumbered (c).
13. in Article 11 (1):
"(1) The seller must ensure that the information referred to in Sections 9, 10, 13 and 19, if provided in writing, is provided in the Czech language. '
14. in Article 16 (1), the words "seat (if it is a legal person) or place of business (if it is a natural person)" shall be deleted;
15. in Article 16 (2), the word "also" shall be inserted after the word "contain."
16. Paragraph 18b, including footnote 12c, reads:
Unauthorised use of the eco-label 12c) shall be prohibited.
(12c) Regulation (EC) No 1980 / 2000 of the European Parliament and of the Council on a revised Community eco-label award scheme. ';
17.
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 paragraphs 2, 3, 4 and 8 to 11.
(2) Supervision of compliance with the obligations laid down in Articles 3 (b), 4 to 5a, 9, 14a and 17 on the agricultural, food and tobacco product section is carried out by the State Agricultural and Food Inspection17).
(3) Supervision of compliance with the obligations laid down in § 3 (b), § 4 to 5a, § 9, § 10 (1) and (3), § 14a and 17 with regard to the sale of products and the provision of services covered by the Public Health Protection Act is carried out by the Regional Sanitary Station18).
(4) Supervision of compliance with the obligations laid down in Sections 3 (b), 4 to 5a, 9, 14a and 17 of the veterinary care section is carried out by the State Veterinary Administration, the Regional Veterinary Administration and the Municipal Veterinary Administration in Praze19).
(5) Supervision of compliance with the obligations laid down in Articles 9 to 13, 14 (2), 14a to 16 and 18 in the field of trade and services (21) is also carried out by the municipal business offices responsible for the location of the establishment. If local jurisdiction cannot be determined according to the location of the establishment, the municipal business offices shall supervise the activity.
(6) Supervision of compliance with the obligations laid down in § 5 (2), § 7b and 14a is also carried out by customs offices. In the event of the detection of products or goods which fulfil the characteristics of a breach of the provisions of Section 5 (2), the customs office shall be entitled to provide such products or goods and shall subsequently decide to forfeit them or prevent them.
(7) The Czech Trade Inspection Inspector or the State Agricultural and Food Inspection, who has carried out market surveillance under this Act and has identified products or goods which fulfil the characteristics of the infringement of § 5 (2) and has been shown to be products or goods under customs surveillance (22), is entitled to ensure such products or goods. The findings and the products or goods secured shall be forwarded to the customs office responsible (23), (24) to carry out the customs procedure and further proceedings.
(8) Supervision of compliance with the obligations set out in Sections 4 to 5a, Sections 9, 10 (1) (a) and 10 (5) to (7), 11, 12 and 14a on the section of firearms, ammunition and pyrotechnic articles is carried out by the Czech Office for the Testing of Weapons and Fire25).
(9) Supervision of compliance with the obligations set out in Sections 4 to 5a, Sections 6 and 12 shall be exercised by the Czech National Bank in respect of persons supervised pursuant to Section 44 (1) of Act No. 6 / 1993 Coll., on the Czech National Bank, as amended, with the exception of persons who issue electronic money on the basis of an authorisation under the special legislature26).
(10) Supervision of compliance with the obligations laid down in Sections 4 to 5a on the section of pharmaceuticals is carried out by the State Institute for Medicinal Control (27).
(11) In the exercise of supervision in the field of advertising regulation, which is an unfair commercial practice under this Act, the law on advertising regulation (28) is followed.
16) Act ČNR No. 64 / 1986 Coll., on Czech Trade Inspection, as amended.
17) Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as amended.
18) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended.
19) Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended.
21) Sections 33 and 43 of Act No. 455 / 1991 Coll., on Business Business (Trade Act).
22) Point 13 of Article 4 of Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code, as amended.
23) Act No. 191 / 1999 Coll., on measures concerning the import, export and re-export of goods infringing certain intellectual property rights and amending certain other laws, as amended. Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended by Act No. 635 / 2004 Coll. and Act No. 669 / 2004 Coll.
24) § 5 of Act No. 185 / 2004 Coll.
25) Act No. 156 / 2000 Coll., on the verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative fees, as amended, as amended.
26) Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems (Law on payment), as amended.
27) Act No. 79 / 1997 Coll., on medicinal products and on amendments and additions to certain related laws, as amended.
28) Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended. '
18. Article 23b and 23c are deleted.
19. The following title shall be inserted after Article 23a: "Administrative offences."
20.
(1) The manufacturer, importer, exporter, supplier or seller commits an administrative offence by:
(a) infringes the prohibition on the use of unfair commercial practices;
(b) produce, import, export, offer, sell or donate products which are dangerous by their interchangeability with food; or
(c) improperly use the eco-label.
(2) The manufacturer or entrepreneur, as the person responsible for the first placing on the market of footwear in the European Community, shall commit an administrative offence by not marking the materials used in the main parts of the footwear or by not providing such information to the supplier or seller, contrary to Paragraph 10a.
(3) The manufacturer, importer or seller commits an administrative offence by using, in contravention of Paragraph 18a, the names of each type of crystal glass and the symbols assigned to them or by failing to complete the company or manufacturing mark or brand or business name or name containing the designation "crystal," "crystal," "crystal" or derivatives specifying the particulars.
(4) The supplier, seller or exporter commits an administrative offence by offering, selling or exporting products which have been intended for humanitarian purposes and bearing the word "humanity" under the special legislature7).
(5) The manufacturer or importer shall commit an administrative offence by failing to ensure, without undue delay or within a period to be determined by the supervisory authority, that the product is withdrawn from the market or that the supplier or seller is informed of the withdrawal of the product from the market by means of taking over the product which is dangerous by its interchangeability with food, or that the product withdrawn from the market is not returned or re-taken back.
(6) The supplier shall commit an administrative offence by failing to ensure, without delay, by informing the seller or by decision of the supervisory authority on the withdrawal of the product from the market of the return of the product dangerous by its interchangeability with the food, or the return or readmission of the product withdrawn from the market by the supervisory authority.
(7) The seller commits an administrative offence by:
(a) fails to fulfil the obligation of fair sale of products or the provision of services pursuant to Article 3;
(b) in the case of the sale of products or the provision of services, infringes the prohibition of discrimination against consumers under Article 6;
(c) fails to comply with the information obligation under Articles 9 and 10 (2);
(d) shall not ensure that the products sold by it are labelled in accordance with Article 10 (1), (3) and (4);
(e) remove or amend the product designation or other particulars given by the manufacturer, importer or supplier;
(f) they shall not give notice in advance to consumers when selling used or modified products, defective products or products whose utility characteristics are otherwise limited, or when selling such products together with other products, or in an establishment, in a place reserved for the sale of such products, placing articles which are not for sale;
(g) provide information contrary to Article 11;
(h) the price information is provided in contravention of § 12;
(i) not inform consumers in accordance with Article 13;
(j) not mark the establishment referred to in Article 14 (1);
(k) does not inform the business office in accordance with Paragraph 14 (2) at the time of cessation of business at the establishment;
(l) not present the product to the consumer in accordance with Article 15 (1);
(m) fail to complete the guarantee note referred to in Article 15 (2);
(n) does not give the consumer a written confirmation of receipt of the order pursuant to Article 15 (3),
(o) shall not, at the latter's request, issue to the consumer duly completed proof of the purchase of the product or of the provision of the service with the information provided for in Article 16 (1);
(p) does not indicate the place of destination and the date of delivery on the proof of purchase of the product in the case of sale with subsequent delivery;
(q) does not, when selling used or modified products, products with a defect or products whose utility characteristics are otherwise limited, indicate such facts on the proof of purchase of the product,
(r) fails to comply with the obligation to sell the product in hygienically safe packaging pursuant to Article 17;
(s) does not inform the consumer of the amount of money for the purchase of refundable back-up packages referred to in Article 18 (1), or, contrary to Article 18 (2), does not inform the consumer of the change of the amount of money for the purchase of refundable back-up packages or of the end of the purchase of refundable back-up packages,
(t) in contravention of Paragraph 19 (1), does not accept a claim or issue a written statement of the claim to the consumer with the particulars specified;
(u) does not ensure that the worker responsible for handling the complaint is present at the premises throughout the period of operation;
(v) decide not to make a complaint or to settle it in accordance with Paragraph 19 (3);
(w) does not provide the information referred to in Article 19 (4) when selling or providing services outside the declared establishment; or
(x) it shall not, without undue delay or within a time limit set by the supervisory authority, inform the manufacturer, importer or supplier that the product is withdrawn from the market by decision of the supervisory authority, or without delay ensure that the product which is dangerous is returned by its interchangeability with food, or that it does not notify the supervisory authority of the return or take-back of the product withdrawn from the market.
(8) A market operator (market operator) commits an administrative offence by not leading or submitting to the register of sellers, contrary to Paragraph 14a.
(9) A fine shall be imposed for the administrative offence:
(a) 1 000 000 CZK, if the administrative offence referred to in paragraph 7 (c), (j) to (q), (s), (u), (x),
(b) 3 000 000 CZK, if the administrative offence referred to in paragraph 1 (c), paragraphs 2 and 3, paragraphs 7 (b), (d), (f), (g), (i), (r), (t), (v),
(c) 5 000 000 CZK, if the administrative offence referred to in paragraph 1 (a) and (b), paragraphs 4, 7 (a), (e), (h) and 8,
(d) 50 000 000 CZK if it is an administrative offence pursuant to paragraphs 5 and 6 and paragraph 7 (y).
(10) A fine of up to CZK 5,000 may be imposed by an order issued on the spot for an administrative offence.
21. The following Sections 24a and 24b are inserted after Section 24:
(1) A natural person selling to the consumer plant and animal products from his own small farming or farming activities or forest crops shall commit an offence by:
(a) fails to fulfil the obligation of fair sale of products or the provision of services pursuant to Article 3;
(b) in the case of the sale of products or the provision of services, infringes the prohibition of discrimination against consumers under Article 6;
(c) provide information on the price contrary to § 12;
(d) does not, at the request of the consumer, issue duly completed proof of the purchase of the product or of the provision of the service with the information provided for in Article 16 (1); or
(e) improperly use the eco-label.
(2) A fine of up to CZK 100,000 may be imposed for the offence referred to in paragraph 1. In block proceedings, a fine of up to CZK 5,000 can be imposed.
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the scale of the fine, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and its consequences and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings concerning him within 2 years of the date on which he became aware of him, but not later than 5 years from the date on which he was committed.
(4) The provisions of this Act on liability and sanctions of a legal person shall apply to liability for acts which have taken place in or directly related to the business of a natural person.
(5) Administrative offences under this law shall be dealt with by an administrative authority which, pursuant to Paragraph 23, oversees compliance with an obligation which has been infringed by an administrative offence. If there are more than one administrative authority to deal with an administrative offence, the administrative offence shall be dealt with by the one who first initiated the administrative procedure and if the administrative proceedings have not been initiated, the one who first discovered the infringement. The administrative authority shall without delay inform the administrative authority which shall supervise compliance with the obligation from another point of view or within the scope of its competence in another field.
(6) The fines shall be collected by the administrative authority which imposed them and enforced by the customs office. The revenue from fines is the revenue from the budget from which the activity of the authority which imposed the fine is covered. The fine shall be payable within 30 days of the date on which the decision on an administrative offence becomes final. ';
22. Paragraph 28, including the title and footnote 23, is deleted.
23. The following Annexes 1 and 2 are added, including the headings:
"Annex No 1 to Act No 634 / 1992 Coll.
Misleading commercial practices
Business practices are always considered misleading if the entrepreneur
(a) declares that it has undertaken to comply with certain rules of conduct (code of conduct) or that such rules of conduct have been approved by a particular body, although this is not the case;
(b) improperly uses the quality mark or other similar marking;
(c) declares that the approval, certificate or authorisation has been granted to him, his product or service provided by him, although that is not the case, or that such a declaration does not comply with the conditions of approval, certificate or authorisation;
(d) offer to buy goods or services at a price without publishing the grounds on which it may consider that it will not be able to supply those or equivalent products or services at the price applicable for the period and in a reasonable amount due to the nature of the product or service, the scope of advertising and the price offered (luring advertising),
(e) with the intention of promoting another product or service, offers a product or service at a price and then refuses to show it to the consumer or refuses to accept an order or delivery of the product or service within a reasonable period of time or to produce a defective product;
(f) falsely states that the product or service will only be offered for a limited period or that it will only be offered for a limited period under certain conditions in order to force the consumer to take an immediate decision without giving it a reasonable period of time necessary for the informed decision;
(g) promise to provide guarantee and post-guarantee services to consumers with whom, before the conclusion of the contract, he has dealt with a language which is not the official language of the Member State in which the hearing took place and subsequently provides the service only in another language without making it clear to the consumer before the conclusion of the contract;
(h) claims or creates the impression that the product or service being sold is allowed, even if it is not,
(i) to give priority to the offer of rights arising directly from the law of the consumer;
(j) promote products or services in the media in a way where the consumer does not need to realise that they are paid advertising of the product or service;
(k) give incorrect information on the nature and extent of the risk to the personal safety of the consumer or his family, unless his product buys or uses the service offered by him;
(l) promote the product in a way that may give the consumer the impression that it has been produced by a particular producer, although this is not the case,
(m) establish, operate or promote a programme in which the remuneration for consumers depends mainly on the acquisition of additional consumers into the programme, not on the sale or consumption of the product (pyramid programme),
(n) make a false statement that it intends to cease its activities or that it moves an establishment;
(o) declares that the goods or services offered or sold by it will facilitate winning in games based on chance;
(p) falsely declares that the product or service provided can cure illness, illness or disability,
(q) provides incorrect information on market conditions or on the possibility of procuring a product or service in order to enable the consumer to purchase the product or service offered under less favourable conditions than normal market conditions;
(r) offer goods or services by means of a price competition, without the prices being awarded or without the prices corresponding to the initial offer or the corresponding refund being awarded;
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Regulation Information
| Citation | Act No. 36 / 2008 Coll., amending Act No. 634 / 1992 Coll., on Consumer Protection, as amended, Act No. 40 / 1995 Coll., on Advertising Regulation and amending and supplementing Act No. 468 / 1991 Coll., on Broadcasting, as amended, as amended, and Act No. 513 / 1991 Coll., Commercial Code, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.02.2008 |
|---|---|
| Effective from | 12.02.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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