Amendment To The Law On Consumer Protection

Original Language Title: Novela zákona o ochraně spotřebitele

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=42979&nr=104~2F1995~20Sb.&ft=txt

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.