Consumer Rights Directive, Chapter 3, Article 6, 1., (e) Consumer Rights Directive, Chapter 3, Article 6, 1., (g) Consumer Rights Directive, Chapter 3, Article 11, 2. Consumer Rights Directive, Chapter 3, Article 13, 1. Consumer Rights Directive, Chapter 3, Article 14, 1.

(1) The condition of an e-shop stating that when there is a consumer claim with respect to the purchased goods, the consumer is obliged to deliver such goods in the original packaging, does impose an obligation on a consumer without a legal reason.

(2) The condition of an e-shop stating that the delivery period varies depending on the type of goods is contrary to the provisions of consumer law as the seller, when concluding a distance contract, is obliged to clearly and comprehensively announce the delivery conditions and the period in which the seller is obliged to deliver the goods to the consumer.

(3) The condition of an e-shop stating that the prices stated on the website of the defendant may be changed without prior notice and the applicable price will be announced in the stage of verifying the order is contrary to the provisions of the Civil Code as the condition gives right to the seller to increase the price of the goods without giving a right to the consumer to withdraw from the contract, if the price is substantially increased in comparison with the price agreed at the time of conludign the contract. Further, such condition is also contrary to the provisions of consumer law as the seller before concluding a distance contract and before the consumer sends the order is obliged to clearly and comprehensively announce the price of goods together with all applicable taxes to the consumer.

(4) The conditions of an e-shop stating that the amount of expenses for delivery will be announced in the stage of verifying the order is contrary to the provisions of consumer law as the seller, when concluding a distance contract, is obliged to clearly and comprehensively announce the amount of expenses for the delivery, postage charges and other applicable expenses and fees.

(5) The conditions of an e-shop which state that the consumer is entitled to withdraw from the contract without stating a reason in the period of 7 working days from the day the consumer took over the goods is contrary to the provisions of consumer law as the consumer has a right to withdraw from the distance contract without stating a reason in the period of 14 days from the day of taking over the goods.

(6) The condition of an e-shop stating that the consumer (buyer) announces, before filling in or notifying the order, that he/she has been made aware of these terms and conditions as well as the claim procedure and is agreeing to such terms and conditions and the claim procedure is not contrary to the provisions of the Act on Consumer Protection, as it does not affect any of the stated consumer rights but merely amends the way of approval of the consumer with the terms and conditions without constraining or limiting the extent and quality of consumer rights.

Based on the decision of the first instance administrative body, the defendant was imposed with a fine amounting to EUR 700 as multiple breaches of the respective applicable law, in particular with respect to imposing obligations on consumers without a legal reason and use of unfair commercial practices and unfair conditions in consumer contracts, had been discovered by means of investigation carried out in the defendant's e-shop.

The terms and conditions of the defendant in the e-shop included a condition which stated that when there is a consumer claim with respect to the purchased goods, the consumer is obliged to deliver such goods in the original packaging.

The terms and conditions further included a provision regulating that the delivery periods vary depending on the type of the goods.

The terms and conditions further included that the prices stated on the website of the defendant may be changed without a prior notice. The applicable price will be announced in the stage of verifying the order.

The terms and conditions also included that the amount of expenses for delivery will be announced in the stage of verifying the order.

The terms and conditions further included that the cosumer is entitled to withdraw from the contract without stating a reason within the period of 7 working days from the day the consumer took over the goods.

All of the above-mentioned breaches were considered by the first instance administrative body as unfair terms in consumer contracts as they created unbalance in rights and obligations of the contractual parties.

(1) Does the condition of an e-shop, which states that when there is a consumer claim with respect to the purchased goods, the consumer is obliged to deliver such goods in the original packaging , impose obligations on consumers without a legal reason?

(2) Is the condition of an e-shop which states that the delivery period varies depending on the type of the goods contrary to the provisions of consumer law?

(3) Is the condition of an e-shop which states that the prices stated on the website of the defendant may be changed without prior notice and the applicable price will be announced in the stage of verifying the order contrary to the provisions of the Civil Code and consumer law?

(4) Is the condition of an e-shop which states that the amount of expenses for delivery will be announced in the stage of verifying the order contrary to the provisions of consumer law?

(5) Is the condition of an e-shop which states that the consumer is entitled to withdraw from the contract without stating a reason in the period of 7 working days from the day the consumer took over the goods contrary to the provisions of consumer law?

(6) Is the condition of an e-shop which states that the consumer announces, before filling in or notifying the order, that he/she has been made aware of these terms and conditions as well as the claim procedure and is agreeing to such terms and conditions and the claim procedure contrary to the provisions of the Act on Consumer Protection?

The conditions imposed by the defendant in the terms and conditions published on their website were contrary to the provisions of Act No. 250/2007 Coll. on consumer protection, as amended and Act No. 102/2014 Coll., on consumer protection in the sale of goods or provision of services under distance agreements or agreements executed outside business premises of the seller, as amended.

The decision of the first instance administrative body was altered by the Central Inspectorate .

The Central Inspectorate altered the former first instance decision and reduced the imposed fine to EUR 650, as it did not have the same view as the first instance administrative body with respect to one of the alleged violations of the applicable law. The appellate administrative body did not agree with the assessment of the condition of the e-shop which stated that the consumer (buyer) announces, before filling in or notifying the order, that he/she has been made aware of these terms and conditions as well as the claim procedure and is agreeing to such terms and conditions and the claim procedure.

The Central Inspectorate decided that the conditions imposed by the defendant in the terms and conditions published on their website were contrary to the Section 4 para. 2 lit. a) and Section 4 para. 2 lit. c) of Act No. 250/2007 Coll. on consumer protection, as amended and Act No. 102/2014 Coll., on consumer protection in the sale of goods or provision of services under distance agreements or agreements executed outside business premises of the seller, as amended.

Celé znenie: Celé znenie

Nie sú k dispozícii žiadne výsledky

Nie sú k dispozícii žiadne výsledky

The decision of the first instance administrative body was altered by the Central Inspectorate by means of a slight fine reduction.