Consumer Protection Act No. 108/2024 Coll.: what sellers need to know

One Act instead of three

Act No. 108/2024 Coll. on consumer protection came into force on 1 July 2024. It repealed Act No. 250/2007 Coll. on consumer protection, Act No. 102/2014 Coll. on distance and off-premises selling and Act No. 299/2019 Coll. on geo-blocking. At the same time it amended the part of the Civil Code (Občiansky zákonník) dealing with liability for defects.

Withdrawal from a contract

Situation	Period	Provision
Distance contract (online shop, telephone, social media)	14 days from receipt of all parts of the goods	Section 20(1)(a), (4)
Off-premises contract	14 days	Section 20(1)(a)
Unsolicited visit, sales event	30 days from conclusion of the contract	Section 20(1)(b)
Refund by the trader	14 days from receipt of the notice	Section 22(1)

The trader also refunds the costs of transport and delivery. Withdrawal does not apply to purchases in a physical shop or directly at a market stall — any returns there are the seller’s voluntary policy.

When the consumer cannot withdraw

Section 19(1) lists the exceptions. For small makers, the most important are:

• goods made to the consumer’s specifications or made to measure (point (c)) — for example an engraved item, made-to-measure furniture, a product with a name on it,
• goods liable to deteriorate or expire rapidly (point (d)) — for example fresh food.

It is good practice to state the exception expressly in your terms and conditions and when the order is placed.

Information duties

Before concluding a distance contract, the trader must inform the consumer of, among other things:

• its identity — business name and registered office or place of business (Section 5(1)(b)),
• its telephone number and e-mail (Section 5(1)(c), Section 15(1)(a)),
• the total price including transport and delivery costs (Section 5(1)(d)),
• the right of withdrawal, its conditions, period and procedure, and provide the model form (Section 15(1)(f)).

Liability for defects and complaints

The seller’s liability for defects in goods in a consumer sale remains two years from receipt. If a defect appears within that period, it is presumed to have existed at delivery; the seller can rebut this presumption (Section 619 of the Civil Code).

When a defect is reported, the seller must issue a confirmation stating the period for remedying it, which must not be longer than 30 days; it can be extended only for objective reasons (Section 622(3) of the Civil Code). The consumer chooses first between repair and replacement; a price reduction or withdrawal comes into play if that is not possible or the seller does not remedy the defect (Sections 623 and 624 of the Civil Code). The same rules apply to contracts for work for making an item to order (Section 648 of the Civil Code).

The term “guarantee” (záruka) is now used for a voluntary commitment going beyond statutory liability (Section 626 of the Civil Code).

A second chance

The Act allows the supervisory authority to waive or reduce a penalty if the trader voluntarily ends the unlawful situation and remedies the harm to consumers.