Thursday, August 14, 2014

Currently the biggest complication is the new Civil Code, which will apply from 1 January 2014 and


Under normal circumstances, the shop buy goods using it and you are satisfied. But nothing is perfect and the way the aforementioned ideal scenario, you may encounter a variety of problems, from faulty goods after the seller unwillingness to accept tanger outlet howell your demands. What right has business and what the consumer? It's not so easy.
Currently the biggest complication is the new Civil Code, which will apply from 1 January 2014 and introduces some changes regarding purchases and specially for purchases on the Internet. On the other hand, these changes are just little things, and to retain the essential - the two-year standard warranty, claims must be processed within 30 days and 14 days to return the e-shop. Details of the changes you bring to Živě.cz later.
Consumer law in the Czech legal order rather inappropriately distributed among several laws, while well within themselves not very neatly arranged. Intuition leads to Act no. 634/1992 Sb., Consumer tanger outlet howell protection, but it mainly implements certain provisions of the European Communities and the conditions for business relevant to consumer protection, public administration tasks in the area of consumer protection and the rights of consumers, consumer associations or other legal entities established to protect consumers.
The route will continue to Act. No. 40/1964 Coll., The Civil Code (CC), and Act. No. 513/1991 Coll., The Commercial Code (Commercial Code). In OZ logically lead your steps to the provisions of the purchase agreement in 588-627, but consumer tanger outlet howell contracts are in some ways a particularly special are still treated (somewhat illogically) in the general section of the Act, specifically 51a-65th
The issue also relates to the law no. 59/1998 Coll., On liability for damage caused by defective products, law no. 215/2005 Coll., Cash Registers, Law no. 22/1997 Coll., On technical requirements for products and Law No.. 455/1991 Sb., trade law. When can I complain tanger outlet howell about faulty goods?
To correct any questions on the claim is substantial, in what legal regime is the relationship between buyer and seller. If the purchase is governed by the Commercial Code, the standard is only applicable common responsibility for defects - that is, for lack of quality goods at the time of sale, pursuant to the provisions of 422 et seq. Commercial Code. The exception is when it is so agreed. Guarantee for quality in accordance with 429 et seq. Commercial Code.
The problem may occur just to the identification, by regulation what you actually bought their goods. IF you buy a natural person, the relationship is governed tanger outlet howell by the Civil Code, unless agreed otherwise with the seller. Such an agreement must be in accordance with 262, par. 2 of the Commercial Code written - have therefore beware, if not part of any of the documents tanger outlet howell that you sign when buying.
Conversely, buying things between entrepreneurs of which is with regard to all the circumstances clear that relates to their business, will be governed by the Commercial Code ( 261. 1 of the Commercial Code). Enhanced interpretation suggests that it is only the purchase for resale of purchased goods or the goods enriched with added value. tanger outlet howell A broader interpretation (consistent with the jurisprudence of the European Court of Justice) buys a means for example. tanger outlet howell Equipment and acquisition company headquarters (tables, chairs, tanger outlet howell computer equipment ...), etc.. What do I need to claim: original packaging, proof of purchase?
According to 19 para. 1 Consumer Protection Act, you can claim in any retail environments, not just where you bought the goods. It is important tanger outlet howell to be able to prove that you purchased the goods from the seller and when; in case of withdrawal tanger outlet howell from the contract should have evidence to prove the purchase price. In doing so, it does not matter whether those facts will demonstrate warranty, or proof of purchase ("a receipt") - both of these documents to you but the seller is obliged to issue the request. You do not have to live among the boxes. Packaging of goods purchased can still blow, the claim is required.
By the way, the purchase agreement is entered into in the normal sale, where not sign anything - to conclude it occurs implicitly (ie. Otherwise than orally tanger outlet howell or in writing) to recourse tanger outlet howell and payment of the purchase price. Original packaging goods is not required by law to claim a seller you can not impose additional obligations in the form of conditions to bring the goods claimed in the original packaging. Claims by the manufacturer, the fee for an unauthorized claim?
Some vendors claim you will try very unpleasant, so it is good to know what you can not afford it. Even today it is possible to meet the dealer with customer complaints referring to the manufacturer, but this is nonsense. The purchase agreement was entered into between you and the dealer for product defects will therefore responsible seller, he can "complain to the manufacturer" only offer as an option (sometimes more convenient and faster).
A similar inconveniences are various penalties for the seller unrecognized claim, but the law is no right to such compensation does not sellers, regardless of the recognition of the claim. In contrast, the consumer is demanding

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