104/1995 Sb.
LAW
of 24 July 2003. in May 1995,
amending and supplementing Act No. 634/1992 Coll., on the protection of
consumer, as amended by Act No. 222/1993 Coll. and Act No. 40/1995 Coll.
and amending Act No. 40/1964 Coll., the civil code, as amended
the laws of the
Change: 89/2009 Sb.
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 634/1992 Coll. on consumer protection, as amended by Act No.
217/1993 Coll. and Act No. 40/1995 Coll., shall be amended and supplemented as follows:
1. section 2 (2). 1 (b). a) is added:
"and by the consumer) natural or legal person that purchases products
or uses the service for any other purpose than for the business with these products
or services ".
2. In article 2 (2). 1 the following subparagraph g) and (h)), which read as follows:
g) textile product textile fibrous raw material, length and mass per unit area
textile, textile product, and apparel/product, in any
stage of processing, and textile articles containing textile folder:
1. products containing at least 80% of the total textile fibres
weight,
2. upholstery upholstered furniture, umbrellas and parasols, if they contain
at least 80% by weight of textile components
3. the textile components of multi-layer floor coverings, of mattresses and of products
for camping, linings of gloves and shoes, if these parts or
the liner shall be at least 80% of the total weight of the product,
4. the fabric contained in other products where their composition
specified, and if it is an integral part of these products,
h) textile fibre formation characterized by flexibility, softness and
a high ratio of cross section to length, suitable for textile processing, including
flexible strips or tubes, a maximum of 5 mm in width, ".
Subparagraph g) and (h)) are known as letters i) and (j)).
3. In article 2 (2). 1 new letter j) including note No. 4a):
j) by any business activity that is intended to offer
to the consumer, with the exception of activities covered by specific laws, ^ 4a) where
the consumer protection supervision confers a professional association or
other bodies of State administration than referred to in section 23.
4A) Eg. Law No. 129/1990 Coll., on the legal profession, law No. 209/1990
Coll., of the commercial lawyers and legal assistance provided, the law
No. 523/1992 Coll., on income tax advice and the Chamber of tax advisors
The United States, and Act No. 273/1993 Coll., on certain conditions
production, dissemination and archiving audio-visual works, amending and supplementing
certain acts and certain other regulations. ".
4. in article 2, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
5. § 4 including note No. 7) is deleted.
6. § 5, including the title shall be deleted.
7. § 6 including the title reads as follows:
"section 6
The prohibition of discrimination of the consumer
The seller is not in the sale of goods and supply of services act in
contrary to accepted principles of morality; in particular, must not in any way a consumer
discriminate. ".
Note No. 8) is deleted.
8. section 10 (1). 1 reads as follows:
"(1) the seller must ensure that the products have been sold directly by
visibly and clearly marked
and the name of the product, the labelling) the manufacturer or importer, or
vendor information about the weight or quantity or size, or
dimension, the other according to the nature of the product needed to
identify, where appropriate, use,
(b)) also composition data material, in the case of textile products, with the exception of
for those products which, pursuant to the obligation to indicate the specific rules
not-are subject to,
(c) an indication of whether or not) date of minimum durability, as regards food
products, where appropriate, an indication of the date of application, in the case of food
perishable products. ".
9. in section 10, paragraph 1, the following new paragraphs 2 and 3 shall be added:
"(2) if it is necessary, in order to maintain when taking things special
the rules, in particular where the use of the manual, the seller is obliged to
consumers acquainted with them, unless it is a generally known rules.
(3) if the goods cannot be sold directly, you must mark the seller is
visibly and clearly mark the data referred to in paragraph 1, other
in an appropriate manner. If it is not possible or appropriate to products sold
to their nature as follows, the seller is obliged to indicate the following information on
the request of the consumer or the authorities, which shall carry out surveillance
compliance with the provisions of this law, honest disclosure to, or
demonstrate. ".
Paragraphs 2 to 4 shall become paragraphs 4 to 6.
10. in paragraph 10 of the new paragraph 6, the words ' paragraph 1 ' shall be replaced
"up to 3".
11. section 11 is added:
"section 11
If the information referred to in section 9 and 10 is in writing, shall be in
the Czech language. Physical quantities must be expressed in measurement
units laid down by a special law. 10) ".
12. section 14 including note 11a):
"section 14
When you cancel an establishment, the seller is obliged to inform the business license
Office ^ 11a) where you can tackle any commitments.
11A) the law No. 575/1991 Coll., of the commercial offices. ".
13. in section 19 para. 1 at the end of the sentence the words "from where you are governed by its
undertaking "shall be replaced by" at the head office or place of business ".
14. In article 19, paragraph 3 shall be deleted.
15. In article 19, paragraph 4 becomes paragraph 3 to read:
"(3) the seller or authorized employee shall decide on complaints
immediately, in complex cases, within three working days. In this period,
adequate time shall not be counted according to the type of product or service required to
expert assessment of defects. The complaint, including the removal of the defect must be
settled without undue delay, no later than 30 days from the date of application of
the complaint, if the seller with the consumer agrees to a longer
the time limit. After this deadline, the consumer has the same rights as would be
It was a defect that cannot be deleted. ".
16. in paragraph 21 of the second sentence reads as follows:
"Dangerous products in circulation are obliged to use all available
resources, in particular through the mass of information resources
inform the consumer public. ".
17. in paragraph 21, the third sentence shall be deleted.
18. section 22, including the title and notes no. 14) is deleted.
19. section 23, including the title and notes no. 16) to 21):
"article 23 of the
Consumer protection supervision
(1) supervision over compliance with the obligations laid down by this act performed
The Czech trade inspection ^ 16) with the exception of the surveillance in accordance with paragraph 4 (b). (b))
to (d)).
(2) supervision over compliance with the obligations set out in paragraph 3 (b). (b)), § 7 to
9, section 10, paragraph 1. 1 (b). (c)), and section 17 of this Act in the field of agriculture,
food, cosmetics, mydlářských, saponátových, and tobacco
the product performs also the Czech agricultural and food inspection authority. ^ 17)
(3) supervision over compliance with the obligations set out in paragraph 3 (b). b), § 7, §
8 (2). 1, section 9, section 10, paragraph 1. 1 and 3 and § 17 of this Act, the protection of
the health of people, particularly in terms of health product safety and
of the services provided, also carried out by the authorities of public health service. ^ 18)
(4) supervision over compliance with the obligations set out in paragraph 3 (b). (b)), § 7 to
9, section 10, paragraph 1. 1 (b). (c)), and section 17 of this Act in the field of veterinary care
carried out by veterinary authorities, ^ 19), and especially from the aspects of the
and) health and biological value of food products
of animal origin,
(b) public health and dietetic) feed
(c) putting into circulation) security only veterinary medicines and preparations
approved in accordance with the specific rules, ^ 18)
(d) sales of live animals) security in accordance with the conditions laid down
special legislation. ^ 19)
(5) supervision over compliance with the obligations set out in paragraph 3 (b). a) and b) §
7 and 11 of this law in the field of measuring, weighing and product safety
the Office also performs for standards, metrology and
^ 20) testing.
(6) supervision over compliance with the obligations set out in sections 8 to 10 and § 14
of this law in the field of trade and services ^ 21) carried out by the district
commercial offices and Department business offices, 11a)
seat or place of business.
16) Act No. 64/1986 Coll., on Czech commercial inspection, as amended by
amended.
17) Act No. 64/1986 Coll., on Czech agriculture and food
inspection.
18) Act No. 20/1966 Coll.
19) Act No. 108/1987 Coll., on the scope of veterinary services
Czech Socialist Republic, as the legal measures
Bureau of the No. 25/1991 Coll., Act No. 439/1991 Coll., legal
measures of the Bureau No. 348/1992 Coll. and Act No. 114/1994 Coll.
Law No. 87/1987 Coll.
20) Act No. 30/1968 Coll.
21) § 33 and 43 of Act No. 455/1991 Coll., on trades
(Trade Act) ".".
20. in paragraph 23 of Section 23a is added to read as follows:
"§ 23a
(1) the bodies referred to in article 23 shall be authorized to issue binding guidelines to
the deficiencies. In case of imminent threat
life, health or property is entitled to suspend the sale of products
or the provision of services or to close an establishment; If required by the
the urgency of the situation, the decision to announce orally and promptly
deliver a written copy of the decision.
(2) against the decision referred to in paragraph 1 the second sentence may be made
the appeal within three days from the date of receipt of the written copy of the decision.
The appeal does not have suspensory effect and the appellate body shall decide
without delay.
(3) to reset the sale of products or the provision of services or open
place of business can be to putting up a friendly State and only with the written
the consent of the authority on the suspension of the sale of products or the provision of
services or closure of the establishment decision. ".
21. section 24 including title and notes no. 22):
"§ 24
The fine
(1) for breaches of the obligations laid down in sections 3, 6, 7, section 8 (2). 1 and 2, section
9 to 19 of this Act saves the authorities referred to in paragraph 23 of the fine up to 500
EUR; in determining the amount of the fine to take account of the nature of the infringement
negotiations and the extent of its consequences. For repeated violation of the obligations in
You can store over one year, a fine up to Czk 1 000 000.
(2) on its own initiative or on the initiative of consumers ' associations or other
legal persons established to protect consumer saves the authorities referred to in
paragraph 23 of the seller, the manufacturers, importers or suppliers who sold,
manufactured, imported or supplied the product defect caused harm to life
or health, a fine up to Czk 10 000 000; the fine also saves the
the persons listed in section 27, which have been sold, produced, imported or supplied
product whose defect caused harm to life or health. The same
penalty saves those who caused such damage to the defective provision of the service.
The fine could not be saved to the person who proves that the injury was not to prevent or
unavoidable despite all efforts to accommodate demand.
(3) a fine referred to in paragraph 1 to a maximum of $ 5000, you can save the page block
control, is a breach of the duty to reliably detected and the person who
the obligation breached, is willing to block pay. On the block
proceedings under this Act shall apply mutatis mutandis the provisions of the block
control by a special Act. ^ 22)
(4) a fine referred to in paragraph 1 cannot be saved in cases where it was stored
a fine by a special Act, and in the case where a penalty may be imposed
in accordance with paragraph 2.
(5) in cases where there are more authorities listed in section 23, requires the fine
the one that initiated the administrative procedures as the first. About the initiation of the
the imposition of fines, these authorities inform each other.
(6) the Proceeds of fines imposed in accordance with paragraphs 1 to 3 shall constitute revenue of the State
the budget of the United States.
(7) a fine referred to in paragraph 1 can be saved within three years and a fine, according to
paragraph 2 within ten years from the date on which the infringement occurred.
(8) the fine is without prejudice to the obligation to compensate for damage.
22) section 84 and 85 of Act No. 200/1990 Coll. on offences, as amended by
amended. ".
22. in section 26 paragraph 2 shall be deleted; at the same time repealed numbering
paragraphs.
23. section 28 including title and notes no. 23):
"section 28
Relationship to the administrative procedure
To proceedings under section 23a and 24 of the Act is subject to the General provisions on the
administrative proceedings, ^ 23) unless otherwise provided by this Act.
23) Act No. 71/1967 Coll., on administrative proceedings (administrative code). Law No.
337/1992 Coll., on administration of taxes and fees, as amended. ".
24. under section 28 shall be added to § 28a is inserted:
"§ 28a
The Ministry of industry and trade shall issue a decree
and) determining the content of individual fibres in the textile product
(b)) details about how the labelling of textile products composition data
material,
(c)) the list of textile products that need not be marked with the particulars of the
composition of the material. ".
25. In section 1 (1). 3 and in section 2 (2). 1 (b). (d)) of the Act, the words "the Czech and
Slovak Federal Republic "shall be replaced by the words" United States ".
Article II
cancelled
Article. (III)
Delete internal trade Minister Decree No 167/1953 Ú.l.,
purchase empty bottles.
Article IV
The President of the Chamber of deputies of the Parliament is to ratify, in the collection of
the laws of the United States announced the full text of the Act No. 634/1992 Coll., on the
the protection of consumers, as is apparent from the amendments and additions made
subsequent regulations.
Article. In
This Act shall take effect on 1 January 2000. July 1995.
Uhde in r.
Havel, v. r.
Klaus r.
