In this issue of the circular we will address the issue of the time limit for delivery of goods to the customer. In most cases, online shops do not specify a time limit for delivery of goods to the purchaser within their contractual arrangements, so this question will be governed by statutory regulation. The importance of the existence of such a time limit has rather declined in recent years, as in practice we no longer encounter situations known from the late 1990s, when ordered goods were often delivered to the customer only several months after conclusion of the purchase contract (whilst at that time it was not possible for the customer to withdraw from the purchase contract without stating a reason). Nevertheless, for less frequently purchased goods or in the case of smaller traders, this time limit may have its significance from the consumer’s perspective even today.

In Czech law, express regulation of this matter was and is lacking (proper implementation was and continues to be lacking). It is therefore necessary to pay attention directly to the regulation in EU law. As we have previously informed, Directive 2011/83/EU of the European Parliament and of the Council on consumer rights (hereinafter “the Directive”), which entered into force in December 2011, is intended to further harmonise consumer law within the European Union. This Directive amends or repeals four preceding directives which regulated consumer protection, and is often discussed due to the regulation of information obligations and withdrawal from contract in connection with the duty to provide information.

The Directive, unlike the preceding ones, abandons the principle of so-called minimum harmonisation, meaning that the regulations of Member States must be harmonised to a minimum specified extent, or regulation with higher consumer protection may be adopted, and inclines towards the principle of full (maximum) harmonisation, thus Member States must not deviate from the given regulation. In view of the above, Member States are obliged to transpose this regulation into national law within 2 years of adoption of the Directive and should do so by 13 December 2013. The Directive shall take effect on 13 June 2014 and shall apply to contracts concluded after that date.

Article 18(1) of the Directive provides that unless the parties have agreed otherwise on the time of delivery, the trader shall deliver the goods into the physical possession of the consumer or transfer them under his control without undue delay after conclusion of the contract, but at the latest within thirty days from the date of its conclusion. In the event of failure to comply with this obligation, the consumer shall call for delivery within an additional period pursuant to paragraph 2, and if this is not complied with either, the consumer is entitled to terminate the contract. The above does not apply to so-called fixed-date contracts and to cases where the trader has refused to deliver the goods. In these cases the consumer is entitled to terminate the contract immediately. For the purposes of the Directive, fixed-date contracts mean contracts where delivery within the agreed delivery period is of essential importance having regard to all the circumstances attending the conclusion of the contract, or where the consumer informed the trader before conclusion of the contract that delivery of the goods by a specific date or on a specific day is of essential importance. In this connection, it must be mentioned that apart from the regulation of fixed-date contracts, the provisions of Article 18 of the Directive have not been transposed into the new Civil Code or any other legal regulation. Incorrect, delayed or incomplete transposition or non-transposition of the Directive may have various consequences. However, a more detailed exposition of this issue exceeds the scope of this circular.

Nevertheless, it is important for traders to know that unless otherwise agreed with the customer, delivery of goods should take place at the latest within 30 days of conclusion of the purchase contract.

Barbora Chvalinová

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

This text was originally prepared by the law firm Mašek, Kočí, Aujezdský in cooperation with the Association for Electronic Commerce (APEK) as legal circular No. 5/2013 intended for members of this association.

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