Consumer rights, complaints, withdrawal from an online contract

Who is a consumer? Who is an entrepreneur?

A consumer, put simply, is someone who enters into a contract with an entrepreneur (or seller) for the purpose of purchasing goods or services from the seller. This contract is entered into outside of business activity or outside the scope of your occupation. If there is no contract, then a person can still be considered a consumer if there are other manners in which the consumer deals with the seller.

Conversely an entrepreneur, or seller, is a person who is serving the consumer with a specific good or service assuming full responsibility for all activities within the business. A seller is providing goods or services to the consumer.

Once a consumer and seller enter into a contract relating to the sale of goods or services, this is considered a ‘consumer contract.’

What rights do consumers have?

Under EU law and national law, consumers are granted certain protections to ensure your safety and money. Sellers are required to honestly promote their products, making sure their products are free from defects at the time of sale. The physical product must display the correct size, quantity and quality, functionality, and other agreed characteristics that were given to the consumer when the consumer contract was entered into. Sellers must share information to consumers on the scope and conditions of liability for defective goods and services. Sellers have a duty to ensure that their products listed on the market will not endanger any consumer’s health and wellbeing. Products must be safe for all consumers, and sufficient warning labels should be added if necessary.

Consumers have lots of rights if any products are considered defective or dangerous by the consumer. As a consumers, you can:

1. Complain to the seller, explaining the issue and negotiating a solution
2. Claim compensation for the damage caused, if applicable to the situation
3. Take the complaint to an out-of-court dispute resolution body, if the consumer does not want to resolve the dispute directly with the entrepreneur

Additionally, you are protected from unfair business practices by sellers. These are practices that make consumers purchase goods and services under false pretenses. Some practices include, among others:

1. Misleading actions/omissions
2. Harassment or coercion, limiting a consumer’s freedom
3. Secret advertising
4. False claims that a product or service will cure an illness
5. Unsolicited mail
6. Bait advertising

It is important to understand if you are entering a consumer contract under any unfair business practices and report these actions to the appropriate authorities. The Czech Trade Inspection Authority and other specialized authorities are authorized to investigate any claims of unfair business practices, punishable by fines.

Where/how can a consumer file a complaint?

If you wish to file a complaint about a defective good or service, you can issue a written complaint to the seller or the service provider (in such cases of defective repairs). A consumer complaint should never be filed with the manufacturer of the product, as they were not the ones who sold the product to you. The complaint must contain general identification information about both you (the consumer) and seller, an exact description of the good(s), an explanation of the defect you are experiencing, information about when the complaint was filed, and the legal right you are invoking. You have a 24-month period from the date of sale in which the seller is liable for defects. If the warranty period is different from the 24-month standard, this difference must be reported in the original consumer contract at the point of sale.

The seller is obligated to accept the complaint, issue a confirmation of the complaint, and resolve the complaint within 30 days of its filing. Resolving these claims can include repair, replacement, refund, or rejection of the claim, whichever option the seller sees as the most appropriate. If you are not pleased with the outcome of your complaint, you can seek out-of-court dispute resolution. In extreme cases, you can file a court action against the entrepreneur.

Who can consumers contact?

For the purchase of goods, you have the right to contact the Czech Trade Inspection Authority. This authority supervises the fairness of sales and ensures sellers’ compliance with providing accurate information about goods and services. If you believe that a seller’s obligations to you as a consumer are being violated, or if unfair business practices are suspected, you can file a complaint for investigation.

For issuing a goods complaint, you have the right to contact the Czech Consumer Protection Inspectorate. The Inspectorate supervises compliance with entrepreneurs’ obligations, conditions of making a complaint, and handling complaints and out-of-court settlements. Filing a complaint for investigation will not resolve your dispute with the seller, but will rather look into the entrepreneurs’ practices and certify that the entrepreneur is following its obligations. As a consumer, you can also file a motion to initiate out-of-court dispute settlement with the Protection Office.

Is this different from online shopping?

When online shopping, there are some consumer rights that are different from purchasing a good or service from a brick and mortar store. When purchasing from an e-shop, you have fourteen (14) days from receiving the good to withdraw from an online purchase without giving any specific reason. To withdraw from an online purchase, you must send a clear notice to the seller stating that you are withdrawing from the contract. This notice should be made in writing. This withdrawal period applies to most products, with exceptions made for perishable items, custom-made products, and software applications. After withdrawing, you have an additional 14 days to return the goods. Once the withdrawal and goods have been sent to the seller within the withdrawal period, the seller must accept the withdrawal and refund you the purchase.

For defective products, the same rules apply to online stores as in physical stores. You must issue a complaint as soon as possible, and the seller has thirty (30) days to handle the complaint. If you believe the retailer is not honoring your rights as a consumer, you can contact the Czech Trade Inspection Authority for assistance.

Understanding your rights as a consumer is important when you want to be fairly compensated for any damages or defects to your purchases. Know your rights to make sure you are being fully protected from inaccurate information.