Contract concluded at a distance

Act No. 102/2014 Coll. defines a contract concluded at a distance as a contract that is agreed or concluded between the seller and the customer exclusively by means of one or more forms of distance communication methods without their simultaneous physical presence, in particular by using a website (an eshop), electronic mail (e-mail), telephone, fax, based on letter addressed to customers or product brochure based offer. Traditionally, contracts concluded at a distance include the purchase of goods via an e-shop, the purchase of a coupon on a discount portal or the purchase of a travel ticket, etc.

Informing obligations of the seller/service provider

The obligations of the seller to inform the customer is bound to the current legislation, namely Act No. 102/2014 Coll., Act No. 250/2007 Coll. on Consumer Protection as amended or Act No. 22/2004 Coll. on Electronic Commercial Sales. Pursuant to Act No. 102/2014 Coll., the information must be provided explicitly, clearly and comprehensibly. The information does not have be provided within a single document, but should be presented in a way that is comprehended by the customer, i.e. in order to link and find the information the customer is looking for . For example, information about the features of goods or type of a service provided is often presented within different parts of the e-shop as well as the terms and conditions or the complaints policy. By signing, you confirm that you have read the information content and agree to the terms and conditions of the e-shop. The distance seller/service provider thereby provides the the customer with the necessary information before completing the order/, which is also considered a Sales contract, whereby the customer confirms that he/she is familiar with the information provided while applying the recent legislation describing the following: – the main characteristics of the goods or type of services delivered, – the business name of the seller and the place where the business resides or the person on whose behalf the seller is acting, – the seller’s phone number or other relevant data utilized to keep in contact with the customer, in particular e-mail, – the address of the seller or of the person on whose behalf the seller is acting, or the address where a customer may lodge a complaint, – the total price of the goods or services, including VAT, as well as the cost of delivery, postage and other possible charges. In case the costs and charges cannot be determined in advance, the customer must be informed about the fact that such costs or charges may be included in the total price, – other charges related to the means of distance communication, especially in case of deliveries to abroad, which may be used for the purpose of concluding the contract like in the case of premium rate services, – the terms and conditions, the delivery terms, the period within which the seller undertakes to delivery of goods or services, information regarding customer complaints, – information on the customer right to withdraw from a contract and the conditions related to such contract withdrawal; the seller shall also provide the customer with a complaint/withdrawal form, – information that, in case the customer decides to withdraw from the contract, he/she shall bear the costs of goods returned to the seller, or information that the customer is not entitled to withdraw from the contract, or information on the conditions under which the customer loses the right to withdraw from a particular contract, – information on the seller’s liability for defects of goods or services, – information on the conditions under which the consumer loses the right to withdraw from the contract. The customer must be informed in detail about his/her rights arising from complaints related to possible defects or damages. Although defect claims are regulated by the Civil Code, the provisions of this law must still be provided to the customer to fulfill the seller’s obligations to inform the customer about the procedure to follow in the event of liability for defects in the goods/services – information on other guarantee that is more favorable to the customer than the state guarantee, e.g. a guarantee of the seller’s liability for defected goods/services is longer, as an example,

woulSuonsinformation about the existence of a guarantee and a detailed description of such guarantee provided by the manufacturer or seller, as well as about the possibility to receive assistance and the conditions to receive such assistance or any after sales services provided to the customer related to the goods or provision of the service purchased, if such services are provided , – information on the relevant codes of conduct of the seller, as well as the means by which the customer can be informed about them, – information on the duration of the contract, if it is a fixed-term contract; information on the contract duration, whereby the contract is of indefinite duration or automatically renewable, information on the conditions the contract can be terminated, – information on the minimum length the customer obligations are to be meat based on the contract terms, if the contract implies such an obligation for the customer, /e.g. the time frame within which the goods can be returned in case the goods need to be exchanged/, information on the customer’s advance payment or other financial security obligations requested by the seller including the conditions applicable to the provision of such security, if the customer is obliged to such securities at all, – information on the functionality of the electronic content, including applicable technical protection clauses, if applicable, – information on the compatibility of the electronic content itself with the hardware and software used, of what the seller is aware of, or can reasonably be expected to be aware of, if applicable, – information on the possibility and conditions to resolve a dispute besides the court by applying the alternative dispute resolution system, if the seller has undertaken to utilize such alternative. – The above information forms indivisible part of the contract and may only be changed with the express consent of both parties – The seller must provide this information by such means that is considered appropriate to be used for distance communication. The appropriate means e.g. for sending a contract, terms and conditions to the customer is the customer’s e-mail. The law defines that for such purposes a durable medium might be utilized as means of communication. However, our e-shop primarily uses to communicate the customer’s email. In case you prefer to utilize a different form of communication, please let us know by a note in your order. A durable medium is defined by law as such data storage means which allows the customer or seller not only to store the information for future purpose usage, but also allows the unchanged reproduction of the stored information. Such a medium is e.g. e-mail, but also paper, CD, DVD, USB stick, etc. – Failure to comply with the information obligation has its consequences. For example, if the seller does not inform the customer about additional payment obligations or additional fees, further costs, or additional costs related to the returning of goods, the customer is not obliged to cover such costs and fees – In case the seller does not inform the customer about his/her right to withdraw from the contract and other relevant conditions related to the consumer rights provided by law, the consumer has the lawful right to withdraw from the contract within an extended period of time according to the amendment to the law. Such extension would apply only if the proposed change in the law was approved. In practice it would mean 30 days instead of 14 days. However, if such a law is enacted, an artificial extension of delivery times would come to life.

– It is obligatory to indicate the method of payment and the customer chooses from the available methods of payment offered by the seller and accepts as well the terms and conditions offered by the seller – In case a customer places an order, the seller is obliged to confirm electronically without any delay that an order was placed. The above obligation results from Act No. 22/2004 Coll. on electronic commerce.