Case law

  • Case Details
    • National ID: P/0246/03/2011
    • Member State: Slovakia
    • Common Name:link
    • Decision type: Other
    • Decision date: 18/11/2011
    • Court: Slovenská obchodná inšpekcia (Court of first instance)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Distance Selling Directive, Article 4, 1. Distance Selling Directive, Article 5, 1. Distance Selling Directive, Article 5, 2.
  • Headnote
    (1) No indication of name and seat of the competent supervising authority on the trader's website
    (2) Lack of necessary information on right to withdraw
    (3) Misleading information on the main characteristics of the goods forming the subject matter of contract
  • Facts
    The website of the defendant did not contain the name and address of the supervisory authority as required under § 4 (1) of the Law 22/2004 on electronic commerce. Moreover, the terms and conditions for sales at a distance did not contain the right of consumers to withdraw from the contract within 7 days as regulated under § 12 (1) of the Law 108/2000 on Consumer Protection in Doorstep and Distance Sales. Finally the terms and conditions contained a clause saying that measurements, prices and other information contained on the website are non-binding data, if not explicitly stated in the contract as binding.
  • Legal issue
    The findings were held violating the law and to constitute an unfair commercial practice. The clause on measurements, prices and other information contained on the website was considered as failure to provide complete information within the meaning of Law 22/2004 which violates consumer rights guaranteed under § 3 of the Consumer Protection Act, in particular the right to information.
  • Decision

    Full text: Full text

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  • Result