Update of e-shop terms and conditions from February 2016

On February 1, 2016, Act no. 391/2015 Coll. on Consumer Alternative Dispute Resolution introducing new reporting obligation to the e-shop provider came into effect.

By amending the Act no. 102/2014 Coll. the list of information that must be provided to the consumer by the e-shop provider prior to the conclusion of the contract is extended.

The e-shop provider is required to inform consumers about the possibility and conditions for resolving the dispute through alternative dispute resolution and publish on its website a link to the platform of ADR, through which consumers can lodge for a alternative dispute resolution. Such a platform posted on website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK was also created by the European Commission.

The e-shop provider shall make this information available to the consumer prior to the conclusion of the contract, therefore we recommend to include it to terms and conditions so that it will be available to customers before placing their order or registering into a paid service and so on.

The penalty for violation of this rule is 200 to 10 000 euros, the maximum penalty fines in case of repeated violation within 12 months will be doubled.

Retail stores have the same duty since 1 February 2016 too.

Please contact us if you are interested in finding out more about this issue. We would be pleased to offer you legal services in this area.

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