Consumer Claims and Withdrawal

1. Rights from defective performance: what the law guarantees you

The basis of consumer protection is the seller’s statutory liability for defects, which you are entitled to automatically by law, regardless of whether the seller offered it or even mentioned it. Do not confuse it with a contractual warranty, which a seller or manufacturer provides voluntarily on top, and which may have different conditions.

• ✓the seller is liable for defects the goods have at the time you receive them and that appear within 2 years of receipt
• ✓if a defect appears within 12 months of receipt, a presumption of defectiveness applies: the goods are presumed to have been defective already at receipt, and it is up to the seller to prove otherwise
• ✓after 12 months the burden of proof shifts: you must prove the defect, typically with an expert appraisal
• ✓depending on the type and seriousness of the defect, you are entitled to a repair, a replacement, a reasonable price reduction, or (for a material breach of contract) to withdrawing from the contract and getting your money back

These rights apply to purchases from a business. When buying from another private individual (a second-hand sale between individuals, a classified ad), the seller’s liability is substantially narrower and depends mainly on what you agreed between yourselves.

Practical tip: as soon as you notice a defect, photograph or film it right away, ideally with a visible date and the original packaging or label. For defects that only appear occasionally (a loose connection, a software glitch, an intermittent sound), a short video helps. This evidence is invaluable if you later have to argue with the seller about whether the defect existed, or in what form.

2. The claims process step by step

• 1.File the claim where you bought the goods, or at a location designated for claims, or at the seller’s registered office. For claims sent by post or through an online shop, follow the seller’s claims form on their website, if they have one.
• 2.Provide proof of purchase (a receipt, invoice, card statement, or order confirmation) and describe as specifically as possible what the defect is and when it appeared.
• 3.Choose what you are asking for: a repair, a replacement, a reduction, or a refund. The choice should match the seriousness of the defect; for a minor, repairable defect you generally are not entitled to withdraw from the contract straight away.
• 4.Ask for written confirmation that the claim was received, with the date it was asserted, from which the 30 day deadline for resolution under Section 19 of the Czech Consumer Protection Act starts to run.
• 5.Wait for the resolution. The seller must give you written confirmation of how it was resolved within 30 days, or a written justification if the claim is rejected.

If the 30 day deadline lapses without a resolution, this is considered a material breach of contract on the seller’s part, which can also open the door to withdrawing from the contract and getting a refund, even where it would otherwise have been just a minor defect.

3. When the seller rejects your claim

A rejected claim is not the final word. Depending on the situation you have several further options, which can also be combined:

• ✓Expert appraisal: an independent assessment of the defect is often decisive, especially after 12 months, when the burden of proof lies with you. If your claim succeeds, or in a court dispute, you can reclaim the cost of the appraisal.
• ✓A complaint to the Czech Trade Inspection: the Czech Trade Inspection (ČOI) oversees compliance with consumer protection rules and can sanction the seller, but it does not decide your specific dispute itself, nor does it guarantee you a refund.
• ✓Alternative dispute resolution (ADR) with the Czech Trade Inspection: you can file a petition within 1 year of the day you first asserted the right with the seller. The proceedings are free for consumers and must be closed within 90 days of starting, extendable by a further 90 days for complex cases. The outcome, however, does not bind the seller unconditionally, it is a recommendation toward a settlement.
• ✓A lawsuit in court: the only route to an enforceable decision if the dispute cannot be resolved otherwise. For lower amounts, consider whether the cost of litigation (which may not be recoverable) makes economic sense; for higher amounts or a repeated problem with the same seller, I recommend a consultation with an attorney before filing the lawsuit.

The court fee for a lawsuit for a monetary claim up to CZK 20,000 is a flat CZK 1,000, and for higher amounts (above CZK 20,000) it is 5% of the amount claimed. If you win the dispute, the court will generally award you reimbursement of the proceedings costs against the seller, including the fee and possibly the cost of the expert appraisal. Before filing a lawsuit, always weigh the value of the goods you are claiming against the time and money you will put into the dispute.

4. Withdrawing from a contract: 14 days for online shops, and exceptions

For contracts concluded at a distance (an online shop, phone, e-mail) or away from business premises, under Section 1829 of the Czech Civil Code you have the right to withdraw without giving a reason within 14 days, for the purchase of goods from when you receive them. If the seller did not properly instruct you about the right to withdraw, the deadline is extended by up to 1 year from the expiry of the basic deadline.

The right to withdraw, however, does not apply without exception. Under Section 1837 of the Czech Civil Code it does not apply in particular to:

• ✓goods customized to your specifications or adapted to your personal needs (custom-made items, engraving, made-to-measure furniture)
• ✓perishable goods or goods with a short shelf life
• ✓audio or video recordings or computer software in sealed packaging, if you have broken the seal
• ✓accommodation, transport, rental of a means of transport, or catering, if performance is to take place on a specific date

An amendment transposing EU Directive 2023/2673 is currently going through the Chamber of Deputies, which, once effective, is meant to introduce a mandatory online button or similar tool for withdrawing from a contract. According to the Ministry of Finance, it is meant to apply only to distance contracts on financial services, not to ordinary goods sold through online shops. Whether and when it will be adopted, and whether it will ultimately extend to ordinary online shops, is not yet certain, so plan on drafting your withdrawal in the classic way, by letter or e-mail.

5. Contracts by phone, door-to-door sales, and energy scammers

Stricter rules apply to contracts concluded by phone, at your door, or at a demonstration event, because consumers there tend to be under the greatest pressure:

• ✓the phone call alone does not create a contract. Under Section 1825(2) of the Czech Civil Code, the business must send you an offer in text form without undue delay, and you must expressly accept it (by signature or another provable means), otherwise no contract has come into existence
• ✓a contract concluded during an unannounced visit by a business to your home, or at an organized demonstration event, can be cancelled by withdrawal within 30 days of receiving the goods, longer than for an ordinary distance contract
• ✓for the first 7 days after a demonstration event, the seller may not demand payment of the purchase price or a deposit
• ✓for energy supply contracts concluded away from business premises (typically door-to-door sales), you can withdraw from the contract without penalty up until day 15 from the start of supply, and many municipalities directly ban door-to-door energy sales in their territory

So called energy scammers often avoid the ban on door-to-door sales by arranging the meeting with you in advance by phone, so formally it is not an unannounced visit. Never consider a signed contract final: you have the right to withdraw from it within the deadlines described above, and if you were pressured into signing by deceptive conduct, it may also amount to an unfair commercial practice.

6. Sample situations from practice

Frequently asked questions: consumer claims and withdrawal

Who will handle your case

Ing. Mgr. Tomáš Beneš

Attorney registered with the Czech Bar Association, based in Prague.

Law degree from Charles University. I focus on business law, real estate and employment disputes. I handle every case personally, no assistants.

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