In the previous circular, we examined the time limit for delivery of goods by a trader arising from Directive No. 2011/83/EU of the European Parliament and of the Council on consumer rights (hereinafter referred to as the “Directive”), and this circular will also be devoted to another “innovation” introduced by this Directive. Specifically, we will examine the legal regulation of the form for withdrawal from a contract without stating reasons, which is also implemented in Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “new Civil Code”), and will certainly be frequently used in practice within internet trading.

The Directive imposes on the trader, before concluding a contract, the obligation to provide the consumer in a clear and comprehensible manner with the information listed in Article 6(1) thereof. Unlike the previous regulation, according to Article 6(1)(h), where there is a right of withdrawal from the contract, this information also includes the conditions, time limits and procedures for exercising that right, as well as the model withdrawal form set out in Annex I Part B of the Directive. A similar obligation is also stipulated in the new Civil Code in Section 1820(1)(f), namely that if the right to withdraw from the contract can be exercised, the trader is obliged to inform the consumer in advance of the conditions, time limit and procedures for exercising this right, as well as the withdrawal form, the requirements of which shall be determined by implementing legislation. This implementing legislation has not yet been issued.

As we have already indicated regarding withdrawal from a contract regulated in Section 1829 et seq. of the new Civil Code, the standard time limit for such withdrawal continues to be fourteen days, which in the case of a purchase contract runs from the day of taking over the goods. However, if the consumer has not been properly informed by the trader about the right to withdraw from the contract, including proper provision of the withdrawal form, in accordance with Section 1820(1)(f) of the new Civil Code discussed above, the time limit within which the consumer may withdraw from the contract is extended by one year and thus amounts to one year and fourteen days from the day on which the time limit begins to run. In the event that the consumer is informed about the right of withdrawal subsequently during this time limit, the fourteen-day time limit for withdrawal runs from the day on which the consumer received the information. The significance of the said form will therefore be considerable in practice.

As regards the method of withdrawal, the consumer may use the model form provided to him by the trader. However, he is not obliged to do so and the consumer will continue to be able to perform this act entirely informally. If the consumer decides not to use the form, he may effect the withdrawal by any other unequivocal statement of his withdrawal to the trader. A further new obligation is that if the consumer is enabled to withdraw by completing and sending the form on the trader’s website, the trader must confirm receipt thereof to him without undue delay in textual form. After the new legal regulation enters into force, it will therefore be in the trader’s interest to ensure that the information obligation towards the consumer is properly observed (including provision of the form) and thus to avoid unnecessary extension of the time limit for the consumer’s withdrawal from the contract.

Barbora Chvalinová

Law Office Mašek, Kočí, Aujezdský www.e-Advokacie.cz – on-line legal advisory service

This text was originally prepared by the law office Mašek, Kočí, Aujezdský in cooperation with the Association for Electronic Commerce (APEK) as legal circular No. 6/2013 intended for members of this association.

This text was translated from Czech to English using an AI translator.