This is a translation of this leaflet in the Czech language.

The complaint procedure for goods or services purchased in EU countries, Norway and Iceland does not differ significantly from the claim methods used in the Czech Republic. This leaflet has been prepared to draw attention to guidelines that should be followed when filing a complaint in those countries and sets out some of the important differences in the complaint procedure.

1. What documents do you need to make a claim?
The main prerequisite for the smooth settlement of a claim is proof of purchase of the product or service.

2. Where can defective products be claimed?
Defective products or services must be claimed where you purchased them. There is no “euro-guarantee”. A product bought at Tesco in London cannot be claimed at Tesco in Prague; a camera of a particular brand purchased in Vienna cannot normally be claimed at an authorized service centre for the brand in Prague. If you don’t respect this principle, you may find yourself out of pocket for the cost of the repair and lose the entitlement to claim any additional defects. There are exceptions where some authorized service centres in the Czech Republic (e.g. for cars) offer free repairs to products purchased abroad within two years of purchase. In this case, cooperation between the vendor and service centre is underpinned by a contract, and the buyer must be given a list of these authorized service centres upon purchase.

3. How long is the guarantee period for new products?  
In all EU countries, plus Norway and Iceland, the seller is liable for any defects if an inconsistency between a consumer product or service and the contract becomes apparent within two years from delivery of the goods. If a consumer complains about a defective product, the seller is required to assess and evaluate the defect, and to acknowledge or reject the claim. If a fault occurs in the first six months after purchase, it is considered to have existed at the time of purchase. The acknowledgement of complaints should be problem-free. Consumers have the right to have the goods brought into conformity with the purchase agreement, i.e. to have them repaired or replaced free of charge. A complaint may be regarded as unwarranted if the wear of a product or defect results from improper handling of the product. Consumers can commission an expert opinion to back up the legitimacy of their complaint that the defect was caused by defective materials or a manufacturing defect. Expert opinions are drawn up by sworn experts for a fee.
A list of sworn experts can be found at www.justice.cz. However, the seller is under no obligation to acknowledge such an opinion. Problems with the acknowledgement of claims may arise after the six-month time limit. Complaints about defective goods should therefore be lodged immediately.
When European Directives are transposed into national law, periods during which products are being repaired may be treated differently in relation to the time limit for claims. For example, in some countries the time limit for lodging a claim is not extended by any period during which the product is being repaired, nor is there a separate time limit for an exchanged part.

4. How long is the time limit for claims related to defects in used goods?  
The two-year time limit for claiming defects also applies to used products. A shorter period (of no less than one year) is possible and is even quite common, although in this case sellers are obliged to inform the purchaser in writing in their business conditions or in another document (e.g. in the invoice). Failure to do so means the time limit for claiming defects is two years.

5. Extended guarantee (commercial guarantee)
Voluntary extended guarantees provided by the manufacturer or seller must not restrict the statutory rights of consumers under legislation in force. They must be confirmed in writing, thus rendering them judicially enforceable.

6. In what language should complaints be written?
There is no obligation for a seller to accept a complaint in a foreign language if it does not offer its goods in that language (e.g. on its website). However, cases where a foreign trader refuses a claim in English are rare.

7. What about the coverage of necessary costs associated with complaints?
The coverage of necessary expenses associated with claims, especially among our western neighbours, is handled differently from the conditions in place in the Czech Republic. Usually, the retailer is under no duty to pay these costs. In Austria, for example, it depends on whether the consumer picks up the goods in the shop or whether they are shipped to him (in which case the retailer covers the cost of sending the product). Therefore, when submitting claims for goods, always ask the vendor to refund those costs.

8. How long does the vendor have to process the claim?
In countries west of the Czech Republic, there is no statutory deadline for processing such claims, unlike the situation here (30 days). However, there is a “normal time limit”, which is between four and six weeks. With this in mind, it is a good idea to set a date for reply in your letter of complaint. In countries east of the Czech Republic, there tends to be a set time limit (e.g. 30 days in Slovakia, 14 days in Poland).

9. Withdrawal from the contract without giving any reason
With distance shopping (e.g. online shopping, mail order) and when making purchases away from the retailer’s establishment (e.g. presentations in hotels, at shows, on trips), you have the right to withdraw from the contract without giving any reason within a certain time. The time limit in the Czech Republic is 14 days. In other EU Member States, the time limit varies (seven days for withdrawal in Slovakia, Austria, France, the UK, 10 days in Poland and Italy, 14 days in Germany, for example).

10. Guarantees under the Civil Code, Commercial Code
Buyers quite often mix up their role as consumer and trader, i.e. whether they are purchasing under the Civil Code or the Commercial Code. If a sales document contains the buyer’s registered number, i.e. if the trader buys a product for business purposes, the purchase is governed by the Commercial Code, not the Civil Code. In this case, the buyer has no automatic right to a two-year guarantee period because he is not a consumer; the length of the guarantee period must be negotiated in the purchase contract.
Purchases in the Makro (Metro) network of chain stores are also governed by the Commercial Code. Makro is a wholesale chain intended for purchases by entrepreneurs who have access to the stores via a card. Customers shopping at Makro know they do not have the consumer rights set out under the Civil Code and the Consumer Protection Act.


If a foreign trader refuses to accept your legitimate claim or if other issues arise when shopping in the European Union, consult your problem with the Czech European Consumer Centre (ECC).

European Consumer Centre Czech Republic
at the Czech Trade Inspectorate
Štěpánská 15
120 00 Praha 2

tel.: +420 296 366 155
e-mail: esc@coi.cz
website: www.coi.cz/esc


The cost of publishing this leaflet has been covered by the budget of the European Consumer Centre Czech Republic, funded by the Czech Trade Inspectorate and the European Commission.