At the very outset, it is essential to recall the general principles for calculating time limits (and periods) as contained in the Civil Code (Act No. 89/2012 Coll.). Specifically, we refer in particular to the provision of Section 605(1) of the Civil Code, which stipulates that “a time limit or period determined according to days commences on the day following the event decisive for its commencement.” Furthermore, the provision of Section 607 of the Civil Code establishes that “if the last day of a time limit falls on a Saturday, Sunday or public holiday, the last day of the time limit shall be the next following working day.” The application of these rules to a specific situation (when calculating time limits) is mentioned below.

As we have already informed in previous legal circulars, the regulation of withdrawal from a contract by a consumer itself is contained in the first sentence of the provision of Section 1829(1) of the Civil Code. It is stipulated therein that “the consumer has the right to withdraw from the contract within fourteen days.” A novelty effective from 1/1/2014 is then the regulation contained in the second sentence of Section 1818 of the Civil Code, which reads: “if the consumer exercises the right to withdraw from the contract…, the time limit for withdrawal shall be deemed to have been observed if the consumer sends the trader notice that he is withdrawing from the contract during its course.” The said fourteen-day time limit runs, in the case of a contract of sale, from the day of taking over the goods by the buyer and, in the case of a contract for the provision of services, from the day of conclusion of such contract.

Practical example: Goods purchased through an e-shop are collected by the consumer on Saturday 1 February 2014. The fourteen-day time limit for withdrawal from the contract of sale runs from Sunday 2 February 2014 and ends on Saturday 15 February 2014. On Monday 17 February 2014, the consumer sends the trader the withdrawal from the contract together with the goods. The time limit for withdrawal from the contract of sale is therefore observed by the consumer, even though this withdrawal from the contract (together with the goods) is delivered to the trader only on Wednesday 19 February 2014. The time limit for return of money by the trader (see below) from the contract thus terminated runs from Thursday 20 February 2014 and ends on Thursday 5 March 2014.

In connection with the return of money to the consumer from a terminated contract, we recall the wording of the first sentence of the provision of Section 1831 of the Civil Code: “if the consumer withdraws from the contract, he shall send or hand over to the trader without undue delay, at the latest within fourteen days from withdrawal from the contract, the goods which he received from him.” The mutual obligation of the trader to return money to the consumer is then stipulated by the first sentence of the provision of Section 1832(1) of the new Civil Code. Specifically, it is stated therein that “if the consumer withdraws from the contract, the trader shall return to him without undue delay, at the latest within fourteen days from withdrawal from the contract, all monetary funds…”

Josef Aujezdský 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. 2/2014 intended for members of this association.

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