Consumer protection

What it means

Consumer protection is the body of rules protecting people buying for private purposes from unfair practices, unfair terms and dangerous products. It rests on the idea that the consumer is the weaker party compared with the trader, with less information and bargaining power.

In Slovakia the rules are laid down mainly in the Consumer Protection Act and the Civil Code, which transpose EU directives. They include duties to inform about price and product characteristics, the right to make warranty claims, the right of withdrawal from a contract for distance purchases and a ban on unfair commercial practices.

The main supervisor is the Slovak Trade Inspection, with the National Bank of Slovakia covering financial services and other authorities certain products. They can impose fines for breaches, which following amendments may also be linked to the trader's turnover.

How it works in practice

Before an order is placed, an online shop must clearly state the total price including VAT and delivery, the seller's details, payment and delivery methods and the right to withdraw within 14 days. Missing information can extend the withdrawal period and lead to a fine.

For discounts, the seller must state the lowest price applied over a set period before the discount, a rule introduced by the Omnibus Directive. Customer reviews must be verified, or the seller must clearly explain how it verifies them; otherwise it risks a sanction for a misleading practice.

Disputes with consumers can also be resolved out of court through alternative dispute resolution. The trader must inform the consumer of this option, especially when rejecting a complaint. Contract terms should not contain unfair provisions, which are void.

What to watch out for

Consumer protection applies only to dealings with consumers. A company selling to other businesses is governed by the Commercial Code with greater freedom of contract. If an online shop sells to both businesses and consumers, however, its terms must cater for both groups.

Fines for breaches can be substantial, and the inspection often acts on customer complaints. Regularly reviewing terms of trade, the complaints policy and website information is cheaper than dealing with sanctions and reputational damage.