The Distance Selling Act applies to sales that are made through any form of communication over a distance or without any personal contact between the consumer and the seller. One of the most significant changes is the extension of the time period during which consumers can cancel the purchase contract, which is now 14 calendar days as opposed to the seven-day period under the old regime. In addition, the consumer now has the right to retain the goods until the seller refunds the money already paid as a deposit.
|Daniel Futej||Radka Sláviková Geržová||Rudolf Sivák|
Another important new obligation is for the seller to secure the express consent of the consumer, stating that he was informed of the duty to pay the price indicated in the order. This way, the consumer will be made aware that they must pay for the goods or services that they have ordered. The legislature is referring to situations where, if the consumer must click a confirmation button or otherwise affirm consent, then those buttons or other methods of confirming consent must be clear and easily readable by stating a firm commitment to pay, or other words indicating that the consumer must pay for the order. If the seller does not secure the consumer's express consent to pay the price, or if the consent misleads the consumer, the consumer does not have to pay the price.
The Distance Selling Act also introduces new obligations on the seller in case of sale goods or telephone sales. The seller now has the duty to inform the consumer of its identifying data (or the identification data about the person acting on behalf of the seller), the commercial purpose of the telephone call and, where the contract requires payment, information about the consumer's duty to pay for the goods or services (or to pay other costs and charges). This information must be given to the consumer at the beginning of every telephone call where the purpose of which is the seller's offer is to enter into a contract with the consumer. The contract between the seller and the consumer is considered concluded when the consumer's written consent to the terms and conditions is delivered to the seller. The duty to conclude a written contract will also be fulfilled when the transaction takes place through electronic means that can capture the intention of the parties and identify the consumer entering into the contract.
Daniel Futej, Radka Sláviková Geržová, Rudolf Sivák
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