Slovakia - Laws

[Clerc]

Sales over the Internet in Slovakia following the laws governing:

* No Act. 108/2000 Collection of Laws consumer protection in respect of doorstep selling and distance selling (Attached in the Slovak language).

* No Act. 250/2007 Collection of Laws Consumer Protection Act and the amendment of the Slovak National Council. 372/1990 Coll. the offences as amended (Attached in the Slovak language).

* No Act. 22/2004 Collection of Laws electronic commerce and amending Law. 128/2002 Collection of Laws State control of the internal market in consumer protection issues and amending certain laws as amended by Act No. 284/2002 Collection of Laws (Attached in the Slovak language).

* No Act. 40/1964 Coll. Civil Code (Attached in the Slovak language).

* No Act. 266/2005 Collection of Laws on consumer protection in financial services in remote and amending some laws (Attached in the Slovak language).

*All the laws are updated, as amended.

Zakon_266_2005_o_ochrane_spotrebitela_pri_financnych_sluzbach.pdf

Zakon_40_1964_Obciansky_Zakonnik.pdf

Zakon_22_2004_o_elektronickom_obchode.pdf

Zakon_250_2007_o_ochrane_spotrebitela.pdf

Zakon_108_2000_o_zasielkovom_predaji.pdf

[Clerc]

A short summary of important points Laws of Slovakia

# According to § 4 sec. 1 of the Act č.22/2004 Collection of Laws electronic commerce to electronic commerce and amending Law. 128/2002 Collection of Laws. State control of the internal market in consumer protection issues and amending certain laws as amended by Act No. 284/2002 Collection of Laws as amended (hereinafter the "Law on Electronic Commerce") is an internet marketer must give potential customers a minimum the following information to be easily and permanently accessible:
** Name, business name and location of services (legal entity), respectively. name, surname, place of business and residence address of the service provider (individual)
** Tax identification number if VAT payer
** E-mail address and telephone number
** Sign the register that he wrote a number of entry
** Name and address of the control or supervision, which are subject to a service provider.
# In addition, pursuant to § 10 paragraph. Law No. 1. 108/2000 Collection of Laws on consumer protection in distance selling and doorstep ( 'Law on distance selling "), Internet traders are required before the conclusion of distance contracts simultaneously with the offering of goods or services to the consumer than the above data report:
** Reside and trade license (individual), respectively. business name and address (legal person)
** Description of goods or services
** Cost of goods or services provided
** Delivery terms and costs of supply
** Payment terms
** Advice on consumer rights of withdrawal
** Price for the use of means of distance communication, if the price is determined by other than the basic rate
** A period during which the seller is bound by its offer, including price
** The minimum period for which a contract can be closed if the contract for the sale of goods or providing services that are delivered or performed continuously or repeatedly.
Most serious Internet business added to this data and its registration number, name and surname of the person responsible for operating the business, operating hours and bank account number.
# Most dealers deliver the ordered goods within a few days, but according to the law on doorstep selling and distance selling where the consumer and the seller agree otherwise, the seller is obliged to meet the consumer's order within 30 days after receipt of order.
# If the seller can not deliver the goods ordered, it shall so inform the customer immediately and within 15 days, he paid back the advance or the price paid for the goods.
The customer has the option of online shops agreed to salvage. In this case the seller is obliged to deliver goods to the customer at the same price and quality. If the salvage agreement, the seller is obliged to pay all verifiable costs incurred by the customer to purchase them.
# The seller under the distance selling is to provide information on the warranty period and service locations to guarantee service.
Warranty period provided § 620 of the Civil Code at least 24 months, sales of used goods may be less, but can not take less than 12 months. The situation for the purchase of goods between two businesses, where they players agree that the purchase contract will be governed by the Commercial Code. In this case there is no minimum warranty period. This means that if it is defined in the documents, which between entrepreneurs on the sale exchange, its length is zero!

[Clerc]

A short summary of important points Laws of Slovakia - continuation

# Sales via the Internet have its own specifics. They include the possibility of withdrawal and return of goods within seven working days under § 12 of the mail order business.
The fact that the seller is obliged to inform the customer. The possibility of withdrawal and return of the goods does not apply to custom made according to specific customer requirements ( "custom"), a lump of consumption goods, perishable goods, the sale of video and audio recordings, computer programs to sell the customer has expanded sales of newspapers magazines and some other specific cases. Manner and time of refunding, under this Act may not exceed 15 days.
# Complaints procedure should also include contact details for dealing with complaints. Issues governed by Act No complaints. 250/2007 on Consumer Protection and on Amendment of Act of Slovak National Council. 372/1990 Coll. for infractions, as amended (the "Consumer Protection Law"), which in § 18 sec. 4 defines that the seller is obliged to equip the claim immediately, in complex cases within 3 working days. This time, however, not include the time needed for the expertise of the defect. Complaint shall not exceed 30 days. After this period the customer has the same rights as if it were a defect that can not be removed.
# According to § 7 sec. 1 law 428/2002 Collection of Laws on protection personal data in sound later regulation (further only „law on protection personal datum") internet shop operator it needs express permission from the customer, for an remit marketing material through e-mail (e.g . click the appurtenant check box) or by post.
This agreement under this code can not be automatic associated with sending orders e.g. formulation „... sending orders at the same time provide agreement on remit information on newnew products..." ".". Agreement must be reversible ad effectum condition set forth in law about protection personal data and at general commercial condition.
# If near purchase in Slovakia customer finds that problem implicit in break the law, is able to turn on Slovak commercial inspection (SOI), which after tried relevant information beat down in case of need rectification. Providing purchase in foreign internet's shop, selling process inclusive exercitation claim laws in responsibility for mistakes perform by enactment valid throughout the country, where's internet shop register. Providing problem has customer possibility turn on correspondent consumer centre in given country.
# Trustworthiness internet store is able to make easier too project certificate internet's businessman „SAEC – Safe purchase", which take the initiative Slovak association for e-commerce (SAEC). Accordance certification is conditional fulfilment certification criterion, that are go from request Slovak legislative and directive European parliament and advice for e-commerce.

[Matthieu Biart]

Hi Clerc!

Thank you very much for this complete report.

[Clerc]

Hi Matthieu,

You have not beyond what, I gladly contribute for communal thing.
For bad English is able to translator.