1. What should be included in correct claim and complaint order?

There is no legal regulation valid in the Czech Republic, which would require the seller to have claim and complaint order posted in a store. In accordance with Rule No. 34/1992 Coll., the Consumer right protection law, as later amended, the seller is responsible for informing the customer about the scope, conditions and method of complaint filling and about the responsibility for product or service deficiencies, including disputes relating to purchase contracts. Such information must include address of the location where claims and complaints may be filled and where warranty repairs are performed. When the seller sells products or offers services outside a registered store or workshop, he needs to add, to the required scope of information, the name and address of the seller and where claims may be filled when the sale on this particular location is over. This additional information must be in written form.
In some case, the seller issues the claim and complaint order. However, it serves as a guideline and it is not binding - it is not presented to the customer at the time of purchase. Moreover, the Rule No. § 627 Item 3 and Rule No. 56 Item 3 letter c) of the Civil Code, the rights of a customer may not be limited in any way, even if the consumer expressively waves his rights. It shall not have any influence or be relevant to the claim and complaint order. Claim and complaint orders shall represent some sort of a codex or guideline, describing in details the seller procedures used during claim processing. These procedures should comply with regulations included in Rule No. 40/1964 Coll., of the Civil Code, as later amended.


2. What is the correct claim acceptance procedure?

The seller is obligated to accept claims at any store, where the goods assortment or provided services enable the seller to do so. The seller shall also accept claims at his headquarters or at the address of the seller registered office.
The only exception is situation specified in regulation No. 352 of Rule No. 40/1964 Coll., of the Civil Code, as later amended, when the seller specifies in the warranty policy that other subject is responsible for warranty repairs, instead of the seller itself (so-called warranty service). However, it is necessary to mention that the warranty service applies only to repairs. Other rights such as goods exchange (exchange for new goods) or withdrawal from contract, must be claimed exclusively at the seller locations (at any of his stores).
The seller is obligated to issue written certification or document, showing when the consumer presented the seller with the applicable claim, what is the subject of the claim, what type of claim processing method is required by the consumer; further the seller shall issue verification of the claim date and how the claim will be processed, conformation about the performed repair, duration of the repair or, if the claim is rejected, also written resolution explaining the reasons for the rejection. This responsibility applies also to other persons, responsible for the performance of repairs.


3. What is the time frame for claim processing?

Claims and repairs or defect removal must be processed without unnecessary delay, but no later than within 30 days from the claim filing date, unless the seller and the consumer agree on longer time period ( § 19 Item 3 the Consumer right protection law).


4. What are the legal recourses or penalties that may be imposed on the seller if he processes the claim incorrectly and causes damages to the consumer?

As far as the claim processing is concerned, the Czech Trade Inspection may inspect only whether the seller informed the consumer about conditions and regulations described in Rule No. § 13 and Rule No. 19, the Consumer right protection law, describing claim filing methods, responsibility for defects, disputes relevant to purchase agreement, as well as where the consumer can file claims or request warranty repairs, whether the seller accepted the claim and issued the applicable written conformation with all necessary information and whether the seller processed the claim within 30 days, unless the consumer and the seller agreed on longer processing time period.
They shall decide about the method of claim processing and if the consumer does not agree with the process, he may approach civil court at the applicable jurisdiction.  The Czech Trade Inspection, as a civil authority, does not have the right to interfere in the relations between the seller and consumer.


5. What is the process to file a complaint relevant the services and not to product defects? Are there any differences?

The Czech Trade Inspection controls whether responsibilities described in regulation No. 13 and 19 § 13 of the Consumer right protection law were followed.