Decree of the Czech Socialist Republic, Ministry of Trade No. 93 / 1982 Coll.
Decree of the Ministry of Trade of the Czech Socialist Republic implementing certain provisions of the Czech National Council Act No. 127 / 1981 Coll., on Internal Trade
Valid
Effective from 01.09.1982
Contents
ČÁST PRVNÍ
§ 1
§ 2
ČÁST DRUHÁ
Oddíl 1
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
Oddíl 2
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
Oddíl 3
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
Oddíl 4
§ 40
§ 41
§ 42
§ 43
Oddíl 5
§ 44
§ 45
ČÁST ČTVRTÁ
Oddíl 1
§ 49
Oddíl 2
§ 53
ČÁST PÁTÁ
§ 54
§ 55
ČÁST ŠESTÁ
§ 57
§ 58
§ 59
ČÁST SEDMÁ
§ 60
§ 61
§ 62
§ 63
ČÁST OSMÁ
§ 64
§ 65
§ 66
ČÁST DEVÁTÁ
§ 67
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93
DECLARATION
Ministry of Commerce
Czech Socialist Republic
of 22 July 1982
implementing certain provisions of the Czech National Council Act No. 127 / 1981 Coll., on Internal Trade
The Ministry of Trade of the Czech Socialist Republic, in agreement with the participating central authorities, provides pursuant to § 56 of the Act of the Czech National Council No. 127 / 1981 Coll., on Internal Trade (hereinafter referred to as "the Act") and § 508 (1) of the Civil Code No. 40 / 1964 Coll.:
SUBJECT MATTER OF ADJUSTMENT AND SCOPE
The decree is more detailed
(a) definition of the content and scope of the operation and conditions of the business activity;
(b) the content of the application for authorisation to conduct business activities to organisations;
(c) the content of the application for authorisation to sell own domestic products to citizens and product types for which no authorisation is required;
(d) the procedure for handling complaints by citizens;
(e) carrying out internal market research and consumer demand;
(f) exercise of state commercial supervision;
(g) keeping inspection books;
(h) the keeping of wish books and complaints and the handling of complaints, notifications and initiatives that citizens have entered in the wish and complaint books.
The decree shall apply to organisations engaged in a commercial activity, to the authorities authorised to grant authorisations to carry out business activities and to citizens when selling their own homemade or processed products.
OPERATIONS OF TRADE ACTIVITIES
Common provisions
Organisations engaged in a commercial activity (hereinafter referred to as "organisations') are required to manage the business of a store or establishment in such a way as to comply with the principles of a single socialist commercial policy and the security measures taken by the competent authority of the state administration (1).
(1) The sale of goods or services to the extent specified by the organisation in accordance with the right to engage in business activities under Section 13 of the Act and in accordance with the subject matter of the organisation's activities shall be carried out at the store or establishment.
(2) Specific regulations apply to the sale of goods to socialist organisations.2)
(3) In wholesale trade, goods may not be sold to citizens. This prohibition shall not apply to citizens who sell goods or prepare food and drink in accordance with specific regulations. 1)
(1) The promotion of a commercial activity other than that of a sale or establishment may be carried out only in cases specified by the organisation.
(2) In the premises of the store or establishment, it is not permitted to place signs and notices which are not directly related to the business activity carried out without the prior approval of the organisation.
The manager shall direct the sale or establishment. The manager or his / her representative, or his / her representative, shall be present at the store or establishment throughout the sale period.
The preferential sale of goods or the preferential provision of services shall be prohibited except where it is governed by specific provisions. (3) Goods may not be held secret or be sold for sale of another type of goods or the supply of other services.
Goods or services are sold in a store or establishment to citizens for cash, to cheques issued by the money institution or to citizens who have deposits in accounts with state money institutions.
Citizens must be allowed to:
(a) verify the accuracy of the prices charged;
(b) to check the accuracy of the measurements. Only measuring instruments which comply with the requirements laid down in the specific Regulation shall be used in the store or establishment. (4)
(1) A citizen is entitled to exercise liability rights for defects in goods or services provided (hereinafter referred to as "complaints") with an organisation or at a store or establishment in which he or she has purchased the goods or has been provided with services provided, unless he or she directly adverts the defects of the goods to an organisation designated for a guarantee correction or service defects with the organisation which provided the services.
(2) On the occasional sale of goods or services, the organisation shall state the address of the shop or establishment in which the citizen may claim any defect after the occasional sale or provision of services.
(3) If the citizen claims that the services of the travel agent are defective in the course of providing them to an authorised travel agent, he must decide on the complaint immediately; If, on the basis of a recognised complaint, no correction is made immediately, the travel agent shall be obliged to do so no later than 30 days after the end of the agreed services.
(1) The organisation is required to determine the method of the divestment of sales. After the sales have been made, only an organisation designated for the cash limit in small money may remain in the store or establishment and only sales made between the sales and the end of the sales period. These cash must be deposited at the store or establishment as instructed by the organisation.
(2) Workers of a store or establishment (hereinafter referred to as "workers") must not require a citizen to buy additional goods or order other services with the money to be returned to him or to obtain small money himself.
The back-up bottles and the packaging in which the goods are sold at the store or establishment shall be purchased throughout the sale period.
(1) The sale or establishment and each locally separated part thereof must be clearly identified by the name of the organisation or by the special trade name or by the indication of the main group of goods or services sold. In the case of establishments operating a wholesale activity, the name and address of the organisation shall be indicated in particular.
(2) At the door of the entrance to the store or establishment or at any other suitable and permanently visible place shall be indicated in particular:
(a) the name and address of the organisation;
(b) the name and surname of the manager of the store or establishment;
(c) selling time;
(d) for establishments providing public catering services, the categories and groups of marketing centres;
(e) for establishments providing accommodation services, categories and classes.
(3) Where a sales office or establishment operates an outpatient sale, the use of a portable or mobile device shall bear the marking to which it belongs and its address. Similarly, interpretations and showcases (hereinafter referred to as "interpretations') and vending machines located outside the store or establishment must be marked.
At the time of the temporary closure of the store or establishment, the organisation shall notify by means of a notice at the appropriate permanently visible place of origin, the end and the reason for the temporary closure, the address of the nearest open store or establishment of the same or similar assortment of goods or services provided, an indication of where the complaints and approval of the local national committee are handled, if necessary under Article 22 (3) of the Act, or an indication of a decision by another competent authority to close the store or establishment temporarily; the proof of the consent granted shall be stored in the store or establishment.
(1) Only goods intended for sale (Section 16) may be in the premises and facilities of a shop or establishment accessible to citizens.
(2) Smoking is prohibited in the premises of the store and in the premises of an establishment operating a wholesale business where goods and packaging are located.
(3) The organisation is entitled to define and indicate visibly the premises of establishments providing catering, accommodation and travel agency services in which smoking is prohibited.
(4) When serving citizens, workers take into account people with severe health problems, pregnant women and diabetes.
Retail and business activities
Workers are required to sell to a citizen of his or her choice goods for sale. Goods intended for sale shall be considered to be goods which are in the store, in the related premises of the store or in the interpretations and which are taken into account both in quantity and quality and have proper purchase documents for them, of which the retail price is also apparent, as well as goods which are ready for sale to the store according to samples or sales catalogue. Goods which are not intended for sale shall be considered to be goods which are in the complaint procedure, damaged goods and goods which are presented in an exposition which, with the approval of the organisation, is classified as competitive.
(1) Goods made out in sales and in interpretations must be visibly marked at retail prices and, where the same type of goods is issued in several classes or elections, by quality class and by choice. In each store there must be proof of the price of the goods sold which, at the request of the citizen, must be presented to him in order to be satisfied of the accuracy of the retail price charged.
(2) Goods sold at a lower price for defects as a lot (5) and goods used may only be sold at stores designated by the organisation, separately from other goods and with separate registration.
Goods shall be sold exclusively at the premises for sale and at the time of sale. Throughout the sale period, the store and all its departments must remain open and all citizens who enter the store at the sale time must be served.
(1) The establishment of the store must allow the goods sold to be rechecked and tested before the buyer and goods of a technical nature, if their nature so permits, to be shown in the running.
(2) In a convenience store, selling goods to citizens is a condition of using shopping cupcakes or other equipment for designated organisations.
If the goods are not sold in consumer packages, workers are obliged to pack them in suitable and non-safe packaging material or to release them in a self-service shop. To pack the goods in special packaging which are charged to the citizen is permitted only with his consent.
In the shop, the goods purchased may be kept for the citizen under the conditions laid down by the organisation; the goods stored must be marked with the name and surname of the citizen and his address.
(1) Workers are obliged to issue proof of payment to the citizen
(a) if there is a cash register printing cash boxes in the store; or
(b) if the organisation has ordered the issue of cash receipts (paragons, receipts, etc.); or
(c) whenever a citizen so requests.
(2) If the guarantee note is issued on the goods, (6) the date of sale, the stamp of the shop and the signature of the shop worker must already be on sale; where the guarantee period starts to run on a day other than the day of sale, this shall be indicated in the guarantee note.
(1) Non-food goods of a price exceeding 500 CZK shall be booked no longer than the end of the selling period of the following day.
(2) In stores designated by the organisation, goods may be sold on loan 2) provided by or through the State savings bank. When selling goods for a loan, goods are reserved for a citizen for a maximum of five working days.
(3) Reserved goods are marked with the name, surname, citizen's address and time of booking.
(1) The organisation may designate shops in which goods are sold to citizens also on request. The order must be kept in the store in a separate register containing the order of orders and their execution. Orders shall be handled in the order of receipt. The details shall be determined by the organisation which may determine in which cases the sales office shall require an advance payment on the goods ordered.
(2) The organisation may designate shops authorised for mail order sales. It lays down the conditions for such sale, in particular the publication of catalogues, the registration of orders and the method of payment of consignments.
(3) According to the decision of the organisation, the sale of certain goods may be organised as a sample or catalogue sale. A sample or a representation in the catalogue is presented to the citizen when sold. When selling, the citizen will pay the retail price of the selected goods and the shop will agree with him the time and place of delivery of the goods and the payment for the removal.
(4) According to the decision of the superior body, the organisation may provide commercial services, in particular: lending, repair and adjustment of sporting goods, repair of clocks and jewels, editing service, clothing, interior architectural services, furniture assembly, removal of goods to the citizen's apartment, gift service and sale after prior preparation of the goods according to the requirements of the citizens ("sale in bag").
(1) The organisation may, in agreement with the authorities of the health and veterinary services, designate outlets which may be sold with the exception of milk, cream, sheepskin cheese, mixed lumps and sheep's milk, plant and animal products, forest and wild plants, fruits and mushrooms which have been sold to them by small growers, breeders or collectors. 8)
(2) Only shops whose workers have shown basic knowledge of such crops may be entrusted with the sale of mushrooms or other forest and wild plants and crops. 9)
(3) The goods referred to in paragraph 1 shall be stored in the store separately from the other goods.
Purchase and sale of second-hand goods and procuring of goods
(1) In the shop, used goods and antiques may be purchased and sold under the authority of the organisation; However, there is no obligation to buy the goods offered. Buying things from shop workers without the approval of the organization is prohibited.
(2) Purchases may also be made at the place designated by the organisation. Where the buying-in time differs from the selling time, it shall be indicated next to the selling time.
(3) Food products, raw chemicals, poisons, pharmaceuticals, medical supplies, medical goods, medical goods for disabled, unclean or washed textile products, ammunition and explosives, valid Czechoslovak and foreign money, and goods manufactured or processed by domestic and folk artistic creativity shall not be bought and sold in the store. 10)
(4) The organisation shall determine the stores in which gold and gold coins are bought and sold on the basis of mandates granted under special regulations. 11)
(5) Goods may only be taken up for sale by a citizen if they prove their identity by a citizen's card.
(1) The provisions of Section 26 shall apply mutatis mutandis to the procurement of the sale of goods (12).
(2) Workers will not take over the case referred to in Paragraph 26 (3) to obtain the sale.
(3) Cases taken for the purpose of procuring sales, with the exception of motor vehicles, shall be entered in the register of public security transport inspectors after two working days following receipt.
(4) Prior to the sale of the case, an advance may be granted to the citizen to cover the costs of transporting the case to the store, rectification or modification of the case for sale, but only if the repair, modification or transport of the case has been carried out by a socialist organisation.
The antiques that have been bought or taken over to procure sales must be offered before being sold to museums and galleries.
Sale of works of art
(1) Works of the art of living authors can only be purchased or received by citizens to procure sales by shops specially designed for this purpose. 13)
(2) In a store designated by the organization, works of art may be sold which the organization has bought or taken over to procure sales from the fine arts fund. These works of art, the price of which exceeds 300 CZK, can also be sold in instalments.
(3) A written contract for the sale of a work of art must be concluded at the time of the sale of the instalment, in which the amount of regular instalments must be agreed with the citizen and the condition that, in the event of failure to pay a part of the instalment, the organisation may request, at the latest by the due date of the next instalment, the payment of the price or the rest of it at the same time.
Sales of solid fuels
(1) Fixed fuels (hereinafter referred to as "fuels") are normally sold to citizens on order and delivered in agreed terms.
(2) The organisation shall supply fuel to a place designated by the citizen if it is safely accessible in the area supplied by the organisation and for the motor vehicle.
(3) If a citizen takes the fuel out of the warehouse by his own vehicle or by an agreed vehicle, he shall determine the place of loading and ensure that the fuel is loaded.
Public catering services
(1) The organisation shall classify the marketing centre of public catering (hereinafter referred to as "marketing centre") as a category and group in accordance with the relevant technical standard.3)
(2) If the conditions on the basis of which the marketing centre was classified as a category and group change, the organisation shall make an amendment to its classification without undue delay.
(1) The organisation shall, in agreement with the authorities of the health and veterinary services, designate establishments which may prepare food, beverages and preparations, including from plant and animal products, forest and wild plants, fruits and fungi, which have been sold to them by small growers, breeders or collectors, (8) with the exception of milk, cream, sheep's chest cheese, blended chest cheese and sheep's milk.
(2) Purchases and processing of mushrooms or other natural crops may only be carried out, with the agreement of the organisation, by establishments whose authorised personnel have demonstrated the basic knowledge of such crops. 9)
(1) In sales centres, workers are obliged to allow citizens to choose food and drink according to the menu. In pubs, buffets, beer bars and self-service canteens, the menu can be replaced by a visibly placed price list for the food and beverages sold.
(2) The menu must contain all meals and beverages intended for sale and their prices. The labelling of food and beverages and prices shall comply with the price regulations; If the portion weight is not known in advance and is not on the menu, it must be communicated to the citizen before the start of consumption.
(3) The head of the establishment shall ensure the establishment of the menu referred to in paragraphs 1 and 2 and its storage in the establishment for a period of one year.
Food and beverages delivered by citizens shall not be consumed in establishments; the exemption may be authorised by the organisation in individual cases. If local conditions so require, the organisation may authorise the consumption of delivered meals at marketing centres included in the IV group.
With the exception of meals and beverages intended for immediate consumption in an establishment, the goods must, if their nature so requires, be packed in suitable and non-toxic packaging material.
(1) In establishments, public catering services are also provided on request. Each order must be answered immediately. Orders received shall be recorded.
(2) The organisation may determine in which cases an advance on the services ordered is required.
(3) When booking places at a sales centre on the basis of an order received, the reservations must be visibly marked.
(1) In sales centres where there is no form of billing of services provided under a special rule, 15), proof of billing and payment of services must be issued if the bill contains more than two items at the table and, in other cases, if the citizen so requests.
(2) The bill of lading for the invoicing of food and beverages consumed at the premises of the customer organisation shall bear the signature of the authorised official of that organisation.
In the premises of establishments designated by the organisation, social games may be operated with the approval of the organisation and organised in accordance with the provisions of the Specific Regulation16) cultural programmes and musical entertainment production.
The provision of public catering services in organisations and facilities that provide for racing, school meals, pensioners' meals organised by national committees, spa facilities, recreational meals of the Revolutionary Trade Union Movement and other similar facilities shall be subject to the provisions of Part Two, Part Four, Part Seven and Part Eight mutatis mutandis.
Accommodation services
(1) Classification of the establishment into category and class shall be carried out by the organisation in accordance with the relevant technical standard.4)
(2) If the conditions on the basis of which the establishment was categorised and classified are changed, the organisation shall make a change to its classification without undue delay.
The organisation is obliged to issue an accommodation schedule in which it will further regulate the use of accommodation facilities and facilities by citizens and the provision of accommodation services by the establishment. 18) The accommodation schedule shall be visibly located in the establishment.
(1) The accommodation and related services must be charged to the citizen within the time limits laid down in the accommodation rules. A document must be issued to the citizen on the bill and payment of accommodation and related services.
(2) The invoice for accommodation and related services provided to the customer organisation must contain, in addition to the formalities laid down by the special regulation19) the name and number of the contract or the name and surname of the persons staying, the time of accommodation, the price for overnight accommodation and the total price.
(3) Paragraph 36 applies mutatis mutandis to the provision of accommodation services on request.
The provision of accommodation services to the public in higher education colleges, apprenticeship homes, recreation facilities of the Revolutionary Trade Union Movement, spa facilities, facilities of physical and other social organisations, dormitories of organisations and other similar facilities shall be subject mutatis mutandis to the provisions of Part Two, Part Four, Part Seven and Part Eight.
Travel agency services
(1) Travel agencies provide tourism services (Section 9 of the Act) to the extent and types of specified organisations.
(2) Travel agencies provide services on the basis of their offer or at the request of a citizen or customer organisation; the organisation may determine the conditions under which such services are provided, in particular the arrangements for the negotiation of service contracts, the possibilities and consequences of withdrawal, etc.
(1) Services provided by travel agencies can be booked. In particular, the name and address of the citizen or customer organisation and the period during which the service will be booked shall be entered in the travel agency's operational record when booking.
(2) The organisation may determine in which cases an advance on the services ordered is required.
AUTHORISATIONS AND SALES OF CITIZENS
Authorisation of business activities to organisations
The granting of an authorisation to conduct a commercial activity may request:
(a) a socialist organisation which intends to conduct business or its superior central authority;
(b) a non-socialist organisation.
Authorisation to sell goods to citizens
Without the permission of the local national committee, a citizen may sell his own homemade or processed
(a) small kitchen articles of wood;
(b) basketware and other household articles of wicker;
(c) small products of feathers.
IMPLEMENTATION OF THE RESEARCH OF THE INTERNAL MARKET AND CONSUMER OBSERVATIONS
Internal market research and consumer demand (hereinafter referred to as market research) shall be carried out by organisations operating a commercial activity.
In particular, market research organisations shall:
Contents
ČÁST PRVNÍ
§ 1
§ 2
ČÁST DRUHÁ
Oddíl 1
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
Oddíl 2
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
Oddíl 3
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
Oddíl 4
§ 40
§ 41
§ 42
§ 43
Oddíl 5
§ 44
§ 45
ČÁST ČTVRTÁ
Oddíl 1
§ 49
Oddíl 2
§ 53
ČÁST PÁTÁ
§ 54
§ 55
ČÁST ŠESTÁ
§ 57
§ 58
§ 59
ČÁST SEDMÁ
§ 60
§ 61
§ 62
§ 63
ČÁST OSMÁ
§ 64
§ 65
§ 66
ČÁST DEVÁTÁ
§ 67
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Regulation Information
| Citation | Decree of the Czech Socialist Republic, Ministry of Trade No. 93 / 1982 Coll., implementing certain provisions of the Czech National Council Act No. 127 / 1981 Coll., on Internal Trade |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.08.1982 |
|---|---|
| Effective from | 01.09.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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