Based on the decision of the first instance administrative body, the defendant was imposed with a fine amounting to EUR 1,000 as multiple breaches of the respective applicable law in particular Section 4 (2) (b), Section 4 (2) (a), Section 4 (2) (c) and Section 3 (1) of Act No. 250/2007 Coll. on consumer protection, as amended, had been discovered by the means of investigation carried out in the defendant's e-shop by the inspectors. The mentioned breaches were considered as unfair terms in consumer contracts as they created unbalance in the rights and obligations of the contractual parties and moreover they imposed obligations without any legal grounds towards the consumers.
The e-shop of the defendant included in its terms and conditions a statement that after complying with all the obligations of the buyer, the seller will accept and take back the goods and will return the price paid for the goods to the buyer in the period of 15 days from the consumers' withdrawal. The first instance administrative body declared such condition to be in contrary with Section 9 of Act No. 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under distance contracts or contracts executed outside the business premises of the seller, as amended, (implemented from Article 13 of the Directive 2011/83/EU), which states that the seller is obliged to return all the payments to the buyer without undue delay and at the latest in the period of 14 days from the consumers´ withdrawal.