Differences between a contract of sale concluded between entrepreneurs and a consumer contract of sale

Special rules for consumer contracts of sale.

The Czech legal system regulates the contract of sale as one of the basic types of contracts. The Civil Code contains the general regulation of a contract of sale. The rulesfor the purchase of movable property, immovable property and a commercial establishment are derived from this. Special rules also apply to purchases where the entrepreneur acts as the seller and the consumer or another person who is not an entrepreneur as the buyer.

Some rules for contracts of sale also arise from the general regulation of obligations from a contract, which apply as ancillary stipulations wherever the individual types of contract do not provide otherwise.

The legal regulation of a contract of sale applies to any contract by which a seller undertakes to hand over the thing that is the subject of the purchase to the buyer, and allows them to acquire ownership of it, and by which the buyer undertakes to take over the thing and pay the purchase price.

Handing over a thing, transfer of the risk of damage

The rule for consumer purchases is that if a thing is to be sent to the buyer, the effects of the handing over of the thing will not occur until the moment it is taken over from the carrier. The risk of damage to the thing also transfers at this moment. This does not apply if the carrier was stipulated by the buyer without it being offered to them by the seller.

Ownership

In the Czech legal system, the general principle is that the ownership of a thing is transferred as soon as the contract comes into effect. The parties may deviate from this rule in a contract. Another regime is also stipulated by law for some cases - e.g. for immovable property or securities. This exception also applies to consumer contracts of sale. The law stipulates that the buyer acquires ownership through taking over the thing. In the case of a self-service sale, the buyer acquires ownership only with the payment of the purchase price.

Quality at takeover

The Civil Code determines in detail for consumer contracts what properties the object of purchase must have to comply with the contract and to be without defects. First, it must have the agreed properties and, in the absence of an arrangement, the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and the related advertising. The thing must be fit for the purpose stated by the seller or for which it is usually used. If the quality or design was determined on the basis of a sample or model, the thing must correspond to them. In addition, it must be supplied in the appropriate quantity, measure or weight, and comply with legal regulations.

Presumption of the existence of a defect

For consumer purchases, it is assumed that a defect that manifests itself within 6 months of takeover already existed at the time of takeover. In the event of a dispute, therefore, the burden of proving that the defect arose later lies with the seller.

Rights from a defective performance

SeeRights from a defective performance in relation to a contract of sale

Complaints procedure

When handling consumer complaints, the seller must comply with the determined obligations. It must confirm to the buyer in writing when the buyer exercised a claim from a defective performance, as well as the performance of the repair and its duration. Complaints must be settled without undue delay, within 30 days at the latest. The parties have to agree if a longer period is possible. If this deadline expires without result, the consumer can withdraw from the contract or request a discount.

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