You should inform consumers of pre-contractual information before the contract is concluded (i.e., the purchase or confirmation of the order). Pre-contractual information is important to provide the consumer with all the necessary information to make an informed purchase decision.
Mandatory pre-contractual information:
- Company information (business name, registry code, address, phone, e-mail address, VAT number (if applicable))
- The exact description of the product or service
- In the case of digital content, technical protection measures and compatibility with hardware and software
- The total price of goods with taxes and additional costs
- Conditions of collateral if the consumer has to pay as collateral (§ 54 (1)-point 8 of the VII, if the trader gives the consumer a valuable object (such as a car))
- Payment, delivery, and order execution procedures and time
- Minimum duration of liabilities arising from the consumer contract
- Duration of the contract; Terms and conditions for termination
- If the right of withdrawal is the time limit and conditions for the exercise of this right
- The fact that the consumer bears the cost of returning the item in withdrawal from the contract
- Lack of a right of withdrawal or the circumstances of the right of withdrawal
- The availability and conditions of the additional guarantee
- Code of Conduct to be followed if an undertaking based on its activities
- Complaints settlement procedures
- Possibility and conditions for turning to the Consumer Dispute Committee
- A clear description of how the consumer's purchase can be performed
- If the order is passed by clicking on the button, the button must inform that pushing it will lead to the obligation to pay
- Link to a website that directs to the online-based Dispute Resolution Platform
Signing a contract
After the contract's conclusion, the seller is required to send the consumer a confirmation of the conclusion of the contract on a durable medium. It should not happen later than the moment the product has been delivered to the consumer.
If you did not provide the consumer with pre-contractual information, add it to the above-mentioned confirmation.
Filling the contract
The order shall be completed no later than 30 days unless otherwise agreed by the contract.
In a situation where the product selling price in the online store does not correspond to the product's actual value, the seller may cancel the order. In the case of the cancellation of a contract with an error rate, you need to be able to prove that it was an error.
Withdrawal from the contract
If the consumer has decided to withdraw from the contract, you must pay them back no later than 14 days after receiving the withdrawal notice. You have the opportunity to delay the refund until the consumer has returned the product to you or provided evidence that returning process has started. If you want the consumer to bear the cost of returning the goods, you should inform the consumer of this before the contract's conclusion.
Consumer responsibility in case of decreasing the value of the goods
The use of the matter does not take a 14-day withdrawal right from the consumer, but you can claim compensation from the consumer to the extent to which the case's value decreased. You must demonstrate excessive use of goods.
What happens if you do not inform the consumer of the 14-day withdrawal right:
- The consumer has the right to use the product up to a year and then return it to you;
- The consumer has the right to recover the remuneration paid for the goods and the cost of service;
- The consumer is no longer liable for a reduction in the value of the goods.
14-day withdrawal right does not apply to:
- services, provision of which has begun with the consent of the consumer;
- products or services, the price of which depends on the fluctuations in the financial market;
- custom-made products;
- perishable products;
- open products that do not fit the return of health or hygienic reasons;
- products that are connected after transfer with another product so that you can no longer separate them from each other;
- alcoholic beverages that are being returned more than within 30 days after signing the contract;
- urgent corrective or maintenance work;
- periodic publications (v.a for durability contract);
- digital content that is not transferred to a physical medium (e.g., files downloaded from the internet);
- leisure services;
- auctioned products;
- short-term insurance contracts.
Last updated: 05.04.2021