Change In Trade Of., Z. On Consumer Protection And On The Police

Original Language Title: změna živnostenského z., z. o ochraně spotřebitele a z. o policii

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=57584&nr=119~2F2004~20Sb.&ft=txt

119/2004 Sb.



LAW



of 20 December. February 2004,



amending Act No 455/1991 Coll., on trades

(Trade Act), as subsequently amended, Act No. 634/1992

Coll., on consumer protection, as amended, and Act No.

283/1991 Coll., on the police of the Czech Republic, as amended



Change: 274/2008 Sb.



Parliament has passed the following Act:



PART THE FIRST



Article. (I)



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.

600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.

38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.

200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.

94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.

19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.

79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.

15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.

167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.

363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.

122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.

149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.

247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.

308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.

458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.

120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.

273/2001 Coll., Act No. 477/2001 Coll., Act No. 483/2001 Coll., Act No.

501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.

174/2002 Coll., Act No. 281/2002 Coll., Act No. 312/2002 Coll., Act No.

320/2002 Coll., Constitutional Court published under no. 476/2002 Coll.

Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.

Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.

and Act No. 356/2003 Coll., is amended as follows:



1. In article 11 (1) 8, the words "(§ 31 para. 7) "is replaced by" (section 31

paragraph. 12) ".



2. Under the designation section 31 shall be inserted before the heading "obligations of the entrepreneur."



3. in § 31 para. 2, the words "article 11" shall be replaced by "paragraph 4".



4. in section 31 shall be inserted after paragraph 3 a new paragraph 4 to 8, including

footnote # 31b) are added:



"(4) the operator is required to, in the case of purchase of used goods or goods

without the acquisition, the adoption of this document, of the goods as collateral or

the purchase or acceptance of mediation as collateral before the

contractual relationship to identify its participants and the subject of the contract

the relationship, keep a record of these facts, including the date of the conclusion of the

This contractual relationship.



(5) the identification of the participants for the purposes of this Act, the



and for natural persons) of the findings of the first and last names, or all

names and surname, date of birth, permanent or other residence, their

verification of the relevant identity documents if they are listed there, and then

specifications of the respective identity document, including the authority and

the State which issued it,



(b) for legal persons) the findings of the trade name or name, including

distinct appendix or subsequent designation, its offices,

identification number or similar number awarded abroad, and

identification of natural persons according to subparagraph (a)), acting on behalf of the

legal entities in a given contractual relationship.



(6) the identification of the subject of the contractual relationship, for the purposes of this Act,

means to determine the name of the product, the brand and the serial number, if they are

on the product listed, otherwise a short product description, allowing it to be

sufficient identification.



(7) verification or the findings of the data referred to in paragraph 5, you can do this also

telemedicine, if these identification data is guaranteed by

special legislation. ^ 31b) the identifying information referred to in paragraphs

4, 5 and 6, the entrepreneur is obliged to register and keep for a period of 5 years from the

the date of conclusion of the contract.



(8) If a party refuses to submit to the contractual relationship

identification, or if it is not possible to identify the subject of the contract

relationship, not an entrepreneur buy the goods, accept him as collateral or

to convey his purchase.



31B) Act No 227/2000 Coll. on electronic signature and amending certain

other laws, as amended by Act No. 229/2002 Coll. ".



Paragraphs 4 to 16 shall become paragraphs 9 to 21.



5. in § 31 para. 13, the words "paragraph 7" is replaced by "paragraph 12".



6. in § 31 para. 14, the words "7 and 8" are replaced by the words "12 and 13".



7. In article 65 paragraph 1. 1, point (c)) shall be deleted.



Subparagraph (d)) shall become point (c)).



8. In article 65, paragraph 1, the following paragraph 2 is added:



"(2) the Trade Licensing Office can save entrepreneurs fine up to 1 000

EUR, if the entrepreneur violates the obligations provided for in § 31. ".



Paragraphs 2 to 7 shall become paragraphs 3 to 8.



9. In article 65 paragraph 1. 7, the words "§ 31 para. 7 "shall be replaced by the words" § 31 para.

12 "and the words" (§ 31 para. 8) "is replaced by" (§ 31 para. 13) ".



10. In section 66 paragraph 1. 4, the words "paragraph. 1 to 3 "shall be replaced by" paragraph. 1 to

4. "



PART TWO



Amendment of the Act on consumer protection



Article II



Act No. 634/1992 Coll. on consumer protection, as amended by Act No.

217/1993 Coll., Act No. 40/1995 Coll., Act No. 103/1995 Coll., Act No.

110/1997 Coll., Act No. 359/1999 Coll., Act No. 64/2000 Coll., Act No.

145/2000 Coll., Act No. 258/2000 Coll., Act No. 102/2001 Coll., Act No.

452/2001 Coll., Act No. 477/2001 Coll., Act No. 151/2002 Coll., Act No.

320/2002 Coll., Act No 227/2003 Coll. and Act No. 277/2003, is amended

as follows:



1. In section 10, the following at the end of paragraph 6, the phrase "in the establishment at the place of

dedicated to the sale of such products, must not be stored items

that is not for sale. ".



2. in article 16, the following paragraph 4, including the footnotes.

12B):



"(4) at the request of the supervisory authorities or the police within the limits of its permission is

seller shall, in the case of purchase of used goods or goods without

the proof of the acquisition, the adoption of this item as collateral or

mediation, or purchase or receipt as collateral, to submit

personally identifiable information under special legislation. ^ 12b)



12B) § 31 para. 4 to 7 of Act No. 455/1991 Coll., on trades

business (Trade Act), as amended. ".



PART THREE



cancelled



Article. (III)



cancelled



PART FOUR



The EFFECTIVENESS of the



Article IV



This Act shall take effect on the date of its publication.



Fort Worth Star Telegram in r.



Klaus r.



in the Gross at the r..