Civil law
Consumer protection
§ 1810 et seq. of the Civil Code · Act No. 634/1992 Coll.
Czech consumers are protected by two layers of law — the Civil Code and the Consumer Protection Act. A professional seller carries duties it often does not know about; knowing the rules resolves the dispute fast.
What the law says
Liability for defects runs 24 months; for the first year a presumption applies that the defect existed at handover — and rebutting it is the seller’s job. A warranty claim must be resolved within 30 days, otherwise you gain the right to withdraw from the contract.
Distance and off-premises purchases can be returned without reasons within 14 days (§ 1829) — with exceptions such as made-to-order goods. Unfair practices are policed by the Czech Trade Inspection (ČOI), which also hosts out-of-court dispute resolution (ADR).
How the work runs
First the qualification: is this a consumer contract and which regime applies — the whole arsenal depends on the answer. Then a written claim or withdrawal citing the provisions: sellers answer differently when they see a position, not a “complaint”.
On refusal I escalate: a repeated demand with a draft claim, a ČOI complaint, ADR, court. For small amounts a seriously written letter often settles it — litigating costs the seller more.
Deadlines and pitfalls
Consumers lose rights on small things: oral claims without confirmation, the missed 14-day return window, agreeing to a “repair” where replacement or a refund is due. Fix every step in writing.
Frequently asked questions
The seller rejected my warranty claim. Is that the end?
No: a rejection is merely the seller’s position. Next come an independent expert report, a ČOI complaint, out-of-court resolution and a lawsuit. And if the seller failed to resolve the claim within 30 days, you already hold the right to withdraw and demand the money.
I bought a service online and changed my mind. Will I get a refund?
Usually yes — within 14 days, no reasons needed. Exceptions: a service fully performed with your express consent, bespoke content and the like. I also check whether the seller met its information duties: if not, the withdrawal period extends.
Returning goods: who pays the shipping?
On withdrawal from a distance contract the seller refunds the price and the standard delivery to you; the return shipping is yours if you were informed of it. Unmet information duties flip the position in your favour.
Are warranty and liability for defects the same?
No. The 24 months are the seller’s statutory liability, always present. A “warranty” is a voluntary promise on top; what exactly was promised we read from the documents and the advertising.
Do the same rights apply to second-hand goods?
Almost: for used items liability may be shortened to 12 months, and condition “matching the wear” is the norm. Hidden defects beyond the declared wear are claimed the same way.
Contact
- Address
- Konviktská 291/24, Staré Město, 110 00 Praha 12 minutes' walk from Národní třída (metro B, trams)
- Phone
- +420 700 000 000
- kancelar@advokatpopov.cz
- Data box
- [data box ID]
- Consultations
- Mon–Fri 9.00–18.00in person, online or by phone — by appointment