The sale of goods and services on the internet is associated with a number of information obligations which the trader should fulfil towards the consumer throughout the entire transaction. In this legal circular, we briefly address the reminder of certain information obligations which should be fulfilled by the trader before the conclusion of the contract itself. For the avoidance of all doubt, we note that this list is not exhaustive, and the existence of certain information obligations also depends on the nature of the specific product which the trader sells or intermediates.

The Civil Code (Act No. 40/1964 Coll., as amended) establishes generally what information should generally be provided to the consumer before the conclusion of a contract by means of some means of distance communication (that is, for example, when concluding a contract via the internet). Section 53(4) of the Civil Code specifically states that before the conclusion of a contract in this manner, the consumer must be provided with sufficient advance notice, in particular, of the following information: (a) the business name or name and surname and identification number of the supplier, the registered office of a legal person and residence in the case of a natural person…, details of registration in the Commercial Register or other similar register including the file number, if assigned, and contact details, in particular the postal address for delivery, telephone number and, where applicable, the address for delivery of electronic mail, (b) details of the relevant supervisory authority if the supplier’s activity is subject to an authorisation regime, (c) the name and main characteristics of the goods or services, (d) the price of the goods or services, from which it is clear whether it is stated inclusive of all taxes and fees, if they are to be added thereto, (e) the costs of delivery, (f) the method of payment, delivery or performance, (g) instruction on the right of withdrawal, (h) the costs of using means of distance communication, (i) the period for which the offer or the price remains valid.

It is evident that the above legislative list is rather inconsistent and that reasonable interpretation of certain provisions may indeed be difficult. This undesirable state of affairs has arisen as a result of the inappropriate implementation of European Community legislation into Czech law. Nevertheless, the failure by the trader to fulfil information obligations is associated with a relatively significant private law “sanction”. In the event that the trader fails to fulfil the information obligations to the extent indicated, pursuant to Section 53(7) of the Civil Code, the period within which the consumer may withdraw from the contract “without giving reasons and without any sanction” shall be extended from 14 days to 3 months.

Further statutory obligations relating to the offering of goods by a trader are established in the Consumer Protection Act (Act No. 634/1992 Coll., as amended), which we may address in one of the subsequent legal circulars.

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