In order to make sales in the Czech Republic on Kaufland.cz it is necessary to have:

• general terms and conditions for sellers
• return policy
• privacy policy
• legal notice

The legal notice is not mandatory in the Czech Republic, as it is in Germany. Nevertheless, it is the seller’s duty to properly identify themselves. Therefore, the legal notice is generally a good fit among the mandatory legal texts on the marketplace. The consumer is thus clearly informed with whom he/she has concluded the purchase contract.

Not necessarily. But be careful. Across the EU, you must not deprive consumers of their rights guaranteed by the law of the country of their habitual residence. If you sell to a Czech consumer, you must guarantee your compliance with Czech laws that protect or otherwise favour the consumer.

Company (business corporation). If your company is incorporated abroad, you can still sell goods to Czech consumers. You will have to comply with the legal framework of a consumer protection guaranteed by the Czech Republic.

I am a sole entrepreneur. If you are a citizen of the EU, Switzerland or another contracting state of the Agreement on the European Economic Area, you can do business in the Czech Republic under the same conditions as Czech citizens.

If you are not a citizen of the EU or associated countries, you must have a long-term residence permit for the purpose of doing business.

It is necessary to communicate with the consumers in a language they can understand. In the Czech Republic, it is in the Czech language, because for the average consumer, Czech is a common language of communication. The consumer cannot be deprived of the rights guaranteed by Czech and/or European legislation. The Czech consumer will expect communication in the Czech language.

The sale of products to consumers is a regulated area of law. Unlike B2B relationships, the seller has many obligations. Whether it is before the product is placed on the market, before the purchase contract is concluded or afterwards.

• The information obligation. Before the conclusion of a purchase contract, you must inform the consumer about the consumer’s rights, where and how they can exercise their rights, but also about the products or services you offer.
• Clarity. The information communicated to consumers must be in a clear and legible form. Whether it is the general terms and conditions, return policy or information on how to exercise consumer rights.
• Czech language. You must perform all obligations towards the consumer in a language that is a common language of communication for consumers in the Czech Republic, i.e. in Czech.
• To allow the consumer to return the goods in the Czech Republic. If you have your registered office or business premises outside the Czech Republic, you are still obliged to allow the consumer to return the goods or exercise the rights from defective performance in the Czech Republic. You may fulfill this obligation by displaying a return label or by contracting a service partner in the Czech Republic or otherwise.

Our documentation reflects the above mentioned legal requirements. If you care about your consumer-friendly approach, please contact us and we will tailor the documentation to your needs.

We would recommend checking whether there is any special regulation in relation to the Czech consumer before placing a product on the Czech market. 

Product specifics. Before placing a product on the market, some products are required to be registered in advance with the competent authority or are subject to a notification obligation. Typically this will be for food supplements, animal feed or even some cosmetic and hygienic products.

Product labelling. The product sold in the Czech Republic must be labelled with the following information (all in the Czech language):

• Identification of the manufacturer or importer or supplier.
• In some cases also the name of the product, weight/dimensions or quantity or size. Instructions for use, warnings, pictograms or other mandatory labelling.
• Information on the materials used in the main parts of the product, unless an exception applies.

Product safety. Some products are particularly regulated (depending on the type of product or its characteristics). When they enter the European market, they are assessed for compliance with all relevant technical regulations („EU Declaration of Conformity“) and the product is labelled with the conformity marking („CE“).

For some products, obligations related to the recollection of products, to packaging materials or other related obligations will need to be fulfilled.

Several supervisory authorities have the authority to check the compliance with consumer protection laws. Moreover, the consumer himself may submit a complaint to the supervisory authority. The competent supervisory authority has to deal with such a complaint.

The most common supervisory authorities include:

Czech Trade Inspection Authority. Checks whether you are fulfilling your consumer information obligations appropriately (whether it is the mandatory information in the general terms and conditions, other information obligations or compliance with the rules applicable to sales to consumers). For example, whether the seller complies with the rules on marketing to consumers or whether you classify reviews as verified or unverified. The aim is to ensure that consumers are protected from deceptive or other misleading commercial practices.

Office for Personal Data Protection. Controls compliance with the obligations arising from the GDPR and related regulations. The information obligation is usually fulfilled in the privacy policy and during the purchasing process. 

Czech Agricultural and Food Inspection Authority (CAFIA). This authority is very keen to check whether you use unauthorised health claims or even claim therapeutic effects for food supplements. Or whether a food product really contains what you claim. Whether you fulfill all the information obligations on the labelling appropriately. 

Ministry of Agriculture. It is the superior authority of the Czech Agricultural and Food Inspection Authority (CAFIA). Typically, a seller may be asked by the CAFIA to submit a request to the Ministry of Agriculture as part of an inspection of the food to determine whether the particular food is a so-called novel food.

Regional Public Health Authority. They control the sale of cosmetic products. They check whether they are labelled with all the mandatory information on the packaging, origin of the product and its composition, whether the consumer has been provided with information in the Czech language on how to use the product correctly and safely.

State Veterinary Administration. It inspects, among other things, the production and sale of animal feed, whether you sell regulated products, or whether you promote what you should not. 

Czech Environmental Inspectorate. This authority controls compliance with environmental legislation. The inspectorate can, as part of an inspection, purchase goods and look into whether the label on the goods and the information on the website contain the correct information and pictograms.

For the contracts concluded at a distance (i.e. purchased via your e-shop), the consumer has the right to withdraw from the contract without giving any reason within 14 days from the receipt of the goods (if it is a multiple parcel, then from the receipt of the last consignment). You may also voluntarily guarantee the consumer a longer withdrawal period.

• You are obliged to provide the consumer with a template form for withdrawal from the purchase contract. However, you cannot force the consumer to complete and send it when they withdraw from the purchase contract.
• The consumer may withdraw from the purchase contract by any unambiguous statement made to the seller.
• Provide information on where the consumer should return the goods. We recommend that the consumer is instructed appropriately. The Czech consumer will have the right to send the goods to the consumer’s habitual place of residence – within the Czech Republic. There is sufficient room in our documents to inform the consumer accordingly.

If the consumer withdraws from the contract (wants to return the goods), the seller shall refund the purchase price (including the delivery costs) without undue delay. In any case not later than 14 days after the withdrawal. You must return the purchase price using the same payment method. You may agree with the consumer that you will refund the purchase price using a different payment method.

In case that the consumer does not send the goods back, the seller is allowed to delay the refund of the purchase price until the consumer has handed over the goods to the seller or can reliably prove that he has sent the goods back to the seller.

Yes. For example, sealed goods that cannot be returned for hygiene reasons, goods that have been customized to the consumer’s wishes or specifically for the particular consumer, etc. You also need to comply with the information obligation in the general terms and conditions.

If the customer has returned depreciated goods, you can offset the depreciation against the purchase price. You need to inform the customer and provide related reasons. If the customer has received goods from the seller that have been damaged or otherwise depreciated, then the customer needs to be informed that they should exercise their rights under the defective performance, and not to withdraw from the purchase contract.

The seller is obliged to properly inform about the scope, conditions and method of exercising the rights from defective performance. This will mean in practice that you are obliged either in the terms and conditions or in the return policy to inform the consumer clearly about his rights:

• You have to indicate where to submit the warranty claim.
• What are the consumer’s options (whether and in what cases the consumer has the option to refund of the purchase price, etc.).
• Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. Standards can be optionally more stringer, currently at Kaufland.cz you must settle the claim within 3 weeks and also follow other rules.
• The consumer should also cooperate with the seller. If the consumer is uncooperative, this may constitute grounds for rejecting the claim.

Where should the consumer send the goods? Can you ask the consumer to ship the goods outside the Czech Republic? No. A Czech consumer should be able to file a warranty claim in the territory of his/her habitual place of residence. You can either arrange for an address where goods can be received within the Czech Republic or arrange return labels with the carrier (collection centres for return shipments, e.g. DHL).

How long is the time period for exercising the right to claim for defects? 24 months from the date of receipt of the goods. A contractual guarantee (a declaration by the manufacturer or seller of premium conditions for exercising rights for defects) may also apply.

Can the time limit be extended in some cases? It should be remembered that the two-year time period for submitting a warranty claim is extended by the period during which the consumer has not been able to use the product because of the ongoing warranty claim process.

Yes. It is a basic document that no e-shop can do without. Under the GDPR, you have an information obligation to the individuals whose personal data you process. A privacy policy that is fully compliant with selling on Kaufland.cz is included in our legal texts package.

The purchase contract through the e-shop is concluded by clicking on the button for a binding order. It can read „Order with payment obligation“ or „Order and pay“ or „Buy now“ etc.

• The consumer should be informed that by clicking on the button, the consumer enters into a purchase contract and creates a binding order, which he is then obliged to pay by the chosen payment method.
• By doing so, the buyer confirms that he/she agrees to the terms of the purchase contract and acknowledges the processing of personal data.

The transaction email that follows the order is just a summary of the entire transaction. This is where the consumer receives a copy of the applicable general terms and conditions, including a sample withdrawal form.

There are many types of goods that are subject to specific legal regulation for their sale in the Czech Republic. These products include, for example, alcoholic beverages, tobacco products, medicines, food and food supplements, cosmetics, electrical products, toys, weapons and many others.

These products are regulated by various laws that determine how they can be sold and distributed. For example, Act on Protection of Public Health, Consumer Protection Act, Business Corporations Act, Act on Excise Duties and others.

Dietary supplements. For dietary supplements, prior registration with CAFIA is required. The area of dietary supplements is not completely harmonised within the EU, it is necessary to follow the relevant national legislation. Labelling of dietary supplements or attributing certain qualities can be problematic. CAFIA maintains a list of permitted health claims.

Cosmetics. Every cosmetic product must have a pre-market safety report, an area that is harmonised across the EU. If we attribute effects to cosmetics, they must be based on proven scientific studies.

CBD products. It will depend on whether they are sold as certified cosmetics or dietary supplements. If CBD products are sold, they must comply with the THC limits set by the law. If they are sold as dietary supplements, this puts you at risk of being inspected by the CAFIA. The current legislative status of this product is uncertain in the Czech Republic, so we recommend an individual consultation with the lawyers from Legitas.

Electronic cigarettes. The sale of electronic cigarettes via the e-shop is governed by the Act on Protection of Public Health. The sale of electronic cigarettes to persons under the age of 18 is prohibited and the restrictions on the advertising and promotion of these products must be respected.

Tobacco products. The sale of tobacco products via e-shop is subject to the Act on Health Protection from Substance Abuse. It is prohibited to sell tobacco products to persons under the age of 18 and restrictions on advertising and promotion of these products must be respected.

Alcoholic beverages. The sale of alcohol via eshop is regulated by the Act on Health Protection from Substance Abuse, which sets out the conditions for the sale of alcohol. In general, the sale of alcohol via e-shop is only permitted in specific circumstances and subject to certain conditions.

On Kaufland.cz some products are completely excluded from sale, you can find the current list under this link.

Price. The price of the goods must be final, including all taxes, duties and charges. It must be clearly stated so that the consumer can familiarize with it in advance.

Invoice. You are obliged to issue a tax document to the customer at his request. This must include the date of the sale, description of the goods and their purchase price. It must also contain the seller’s identification details, such as the seller’s name and surname in case of a sole entrepreneur, company name in case of a company, the seller’s registered ID number and the seller’s registered office.

Discount offerings. The seller is also required by law to keep price records for its goods. If a sales promotion is announced, i.e. a better offer than the regular price is communicated, then the necessary rules must be followed. The Czech Trade Inspection Authority has the authority to inspect whether the consumers have not been deceived in any way. If you want to consult any of your sales promotions, you can book a consultation.