Consumer Rights Directive, Chapter 3, Article 9, 1.

(1) A clause in the terms and conditions of an e-shop stating that "in case the customer cancels the order after the payment of the price but before the delivery of the service, and if the period for delivery did not lapse, the seller shall have the right to calculate the expenses connected with the order" is contrary to 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, as the consumer shall have the right to withdraw from the contract within 14 days as of the takeover of the goods and also to cancel the order prior to the start of the period for withdrawal.

Based on the decision of the first instance administrative body , the defendant was imposed with a fine amounting to EUR 330 for multiple breaches of the respective applicable law, in particular Section 4 (2) (c) of Act No. 250/2007 Coll. on consumer protection, as amended, that had been discovered by the means of investigation carried out in the defendant's e-shop by the inspectors. All of the mentioned breaches were considered as unfair terms in consumer contracts as they created unbalance in rights and obligations of the contractual parties.

The e-shop of the defendant included in its terms and conditions a statement that in case the customer cancels the order after the payment of the price but before the delivery of the service, and if the period for delivery did not lapse, the seller shall have the right to calculate the expenses connected with the order. The first instance administrative body declared such condition to be contrary with 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, as the consumer shall have the right to withdraw from the contract within 14 days as of the takeover of the goods and also to cancel the order prior to the start of the period for withdrawal.

The Central Inspectorate concluded that the clause in the terms and conditions of the e-shop constitutes a breach 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. The consumer shall be entitled to cancel the order also before the start of the withdrawal period, which means this right shall be presumed also before the takeover of the goods and therefore before the start of the period for delivering the goods.

The Central Inspectorate altered the former first instance decision and reduced the imposed fine to EUR 300, 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 considering the character of the breach.

(1) Does a clause in the terms and conditions of an e-shop stating that "in case the customer cancels the order after the payment of the price but before the delivery of the service, and if the period for delivery did not lapse, the seller shall have the right to calculate the expenses connected with the order", constitute a breach of consumer laws?

Full text: Full text

No results available

No results available

The decision of the first instance administrative body was altered by the Central Inspectorate by means of a reduction of the fine to EUR 300.