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Full name and/or number of the statute (in original language):
Zákon c. 108/2000 Z.z. o ochrane spotrebitela pri podomovom predaji a zásielkovom predaji
Translation of the name:
Act No. 108/2000 Coll. on Consumer Protection in Doorstep Selling and in Distance Selling
Reference in Official Journal (if appropriate):Collection of Laws No. 47/2000 page 1458
Date of coming into force:
01. 04. 2000
Subsequent amendments:__________________________________________________________________________Text:

ACT 108 of 16 March 2000
on Consumer Protection in Door-to-Door Sale and Home-Delivery Sale
The National Council of the Slovak Republic adopted the following Act:PART ONEPREAMBLE§1Scope of Application
This Act regulates consumer protection in a door-to-door sale of goods or provision of services and in a home-delivery sale of goods or provision of services, if the goods or material
performance and efforts of the provided service are purchased by a physical person who
does not use them to carry on employment, occupation or business (hereinafter the „consumer“).
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Contract(1) The door-to-door sale of goods or provision of services, the home-delivery sale of goods
or provision of services take place by virtue of a contract, 1) concluded between the seller 2)
and the consumer for the goods or services that are not excluded from the sale of goods orprovision of services under this Act, or sale or provision of which is not prohibited.
(2) If the contract is concluded in writing, it must include, in addition to general essentials, 3)
provisions on a guarantee, a method for complaint proceedings and on the right to withdraw
from the contract.
§3
Time of Sale
The door-to-door sale may be carried out(a) on week-days from eight a.m. to seven p.m.,(b) on public holidays 4) from ten a.m. to three p.m.
§4
Relevance with other regulations

Legal relations between the seller and the consumer in the door-to-door sale or homedelivery sale are governed by the Civil Code and separate regulations,5) unless specified
otherwise by the provisions of this Act.
PART TWO
DOOR-TO-DOOR SALE
§5Contracts Concluded outside the Place of Business(1) The door-to-door sale is a type of sale of goods or provision of services6) conducted in
virtue of the contract concluded between the seller and the customer, primarily
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by seller’s visits to the consumer, another consumer or to the consumer’s workplace, if theconsumer has not requested such a visit, orby seller’s visits to the consumer, if the consumer requested such a visit, and the seller offers him also other goods or service in which the consumer was not interested at the time
when he requested the visit.
(2) The door-to-door sale under this act is understood also as the sale of goods or provisionof services made in virtue of the contract, proposed by the consumer to the seller, underconditions stipulated in section 1, if the seller accepted the proposal within 30 days.
(3) Provisions of sections 1 and 2 do not apply for the sale of goods or provision of services
made in virtue ofa building contract, contract for transfer and lease of the real estate or other real estate titles,9)
an insurance policy, 10)
securities contract, 11)a contract on the sale of food and beverages or other goods intended for regular household
consumption, if supplied by a permanent supplier on a regular basis,e) a contract on the sale of goods or provision of services, if
1. the contract was concluded in virtue of the seller’s sales catalogue, that was available tothe customer in the absence of the seller,
2. the seller and the customer remain in a permanent commercial relation,
3. the sales catalogue and the contract declare the consumer’s rights to withdraw fromthe contract within seven business days following the take-over of the goods or provision ofservice.
§6
Prohibition to Sell
The door-to-door sale shall not be used for the sale of goods or provision of service, for thesale or provision of which the seller was granted a trade licence under separate regulations.12)§7
Duties of the Seller
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Click on the blue text parts in order to retrieve information on the EC law background____________________________________________________________(1) In the door-to-door sale, the seller is obliged, in addition to general conditions of sale13)
and trade operating conditions,14) to meet the following duties:
to demonstrate to the consumer and other authorised persons (§ 14, section 1), if they request so,
1. his identity, place of permanent residence and his trade licence, if the door-todoor sale is carried out by a physical person15) in his own name and on his own account; todemonstrate a trade licence is not an obligation for a physical person who sells to the consumer animal products and produce from own small-scale farming or forest produce,
2. a business name and place of business, if the door-to door-sale is carried out by
a legal person16) through his employee, mediator or a third person acting on his behalf,b) to fulfil his obligation to provide information on the offered goods under a separate regulation, 17)c) to inform the consumer in writing on when and how the consumer may lodge a complaint
about defective goods or provided service,d) to confirm to the consumer in writing at the time of proposing to conclude a contract, but
not later than at the time of contract conclusion, his right to withdraw from the contract.
(2) The seller is obliged to furnish to the consumer a receipt on the sale of goods or provision of service, specifying the type of goods or provided service, their price, 18) a name andplace of business, if the door-to-door sale is carried out by a legal entity, or name and permanent residence, if the door-to-door sale is carried out by a physical person, and the dateof acceptance of the goods or provision of service. A receipt executed by an electronic cash
register is also considered to be such receipt. 19)§8
Withdrawal from Contract(1) The consumer is entitled, without giving a reason, within seven business days following
the acceptance of a written information, to withdraw from a contract, pursuant to § 7, section
1, item d). By the withdrawal from the contract the consumer cancels the contract from the
beginning.
(2) The consumer shall return the goods to the seller within seven business days following
the withdrawal from the contract, regardless whether the goods were used or had defects
not caused by the consumer; adequate care for the goods must be maintained.

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Click on the blue text parts in order to retrieve information on the EC law background____________________________________________________________(3) The seller is obliged to take the goods back and return to the consumer the price paid
for the goods or service, or to return to the consumer the advance payment, not later than
15 days following withdrawal from the contract, while respecting the costs that he accrued inprovision of the service.

PART THREE
HOME-DELIVERY SALE
§9Remotely Concluded Contracts(1) A remotely concluded contract is such a contract that is concluded by the seller and theconsumer for the home-delivery sale of goods or remote provision of service, exclusively bycommunication means, such as, primarily, direct mail, sale catalogue, telephone, fax, radio,
television or electronic mail.
(2) The seller may use the means of remote communication only if the consumer does not
object against their use.
(3) For offering the goods or services to the consumer, the seller may use an automatic
telephone system or fax only with a previous consumer’s consent.
(4) Provisions of sections 1-3 do not apply for sale of goods or provision of services made invirtue ofa contract on bank commerce and bank monetary services20) and on investment services,
an insurance policy,10)
a securities contract,11)a contract concluded through vending machines21) or automated sales facilities,
a contract concluded with telecommunication providers through public automatic telephones,a building contract, contract on real estate transfer or on other real estate titles other thantheir lease,9)a contract concluded at public auctions,a contract for the sale of food, beverages or other goods intended for regular household
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place by a permanent seller on a regular basis,a contract on accommodation, transportation, catering services and leisure-time services,where the seller commits himself to provide services at agreed time or at an agreed schedule.
§ 10
Duties of the Seller(1) In the door-to-door sale the seller is obliged, before concluding the contract remotely, atthe time of presenting his offer for goods or service, to inform the consumer about
his identity, permanent residence and trade licence, if the home-delivery sale is performed
by a physical person,15) a name and place of business, if the home-delivery sale is performed by a legal person. 16)
a description of the goods or service,a price18) of the goods or provided service,delivery conditions and product delivery costs,
terms of payment,
an instruction on the consumer’s right to withdraw from the contract,a price for use of the means of distance communication, if the price is determined other thanby basic tariffs,
a period, during which the seller is committed by his offer, including the price,a minimal period, for which the contract can be concluded, if it is the contract to sell goods
or to provide service, supplied or provided on a continuous basis or repeatedly.

(2) When offering the goods or service by phone, the seller is obliged to notify his identity
and commercial purpose of his telephone call right at the onset of the telephone conversation with the customer.
(3) The seller is obliged, not later than on the date of delivery of the goods or onset of theservice provision, to deliver to the consumer a written information that he provided to him
under section 1 by the means of distance communication.
(4) The seller is obliged, not later than on the date of delivery of the goods or onset of theservice provision, to provide to the consumer

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written information on conditions and procedures for exercising his right to withdraw fromthe contract,
the seller’s address, where the consumer may exercise his claim or complaint,
information on the guarantee and on repair services,
information on a possibility to cancel the contract concluded for indefinite period of time orfor a period of more than one year.
(5) Sections 3 and 4 do not apply for services provided by means of distance communication, if they were provided singularly, and the operator of the means of distance communication charged them remotely; the consumer, however, must have an option to obtain the address of the seller, where he may exercise his claim or complaint.
§ 11
Prohibition to Sell
The seller shall not deliver goods or provide service to the consumer, that the consumer did
not order, if he simultaneously demands their payment for such a delivery of goods or provision of service.
§ 12
Withdrawal from Contract(1) The consumer is entitled, without stating a reason, to withdraw from the contract, withinseven business days following the date, when the goods were received, or following thedate when the contract on service provision was concluded, if the seller duly and timely fulfilled his obligations to inform under § 10.
(2) If the seller fulfilled subsequently his obligations to inform under § 10, the consumer isentitled to withdraw from the contract within seven business days following the date when
the seller subsequently fulfilled his obligations to inform, but not later than within threemonths following the receipt of the goods or following conclusion of the contract on the provision of service.
(3) If the seller fails to subsequently fulfil his obligation to inform under § 10, the consumer isentitled to withdraw from the contract within three months following the receipt of the goods
or conclusion of the contract on the provision of service.
(4) By the consumer’s withdrawal from the contract the contract shall be cancelled from the
beginning. The seller is obliged
to take back the goods or discontinue the provision of service,
to return to the consumer the price paid for the goods or service or the advance paymentthat the consumer paid for the goods or service, including costs spent by the consumer with
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respect to placing the order for goods or service, not later than 15 days following the date ofwithdrawal from the contract. The return delivery costs are borne by the consumer.
(5) Unless the seller and the consumer agree otherwise, the consumer shall not withdraw
from the contract, a subject matter of which is:
the provision of service, if the service started to be provided with the consumer’ s consent
before expiration of the contract withdrawal period under sections 1 through 3,
the sale of goods or provision of service, the price of which depends on a price fluctuation
on a financial market and which cannot be influenced by the seller,
the sale of goods manufactured according to separate requirements of the consumer, or
goods intended specifically for a single consumer, or of the goods that cannot be returned
with respect to their properties, or perishable goods,
sale of voice or picture recordings or computer software, 22) that were unwrapped by the
consumer,sale of newspapers, journals and periodical press,
lotteries and other similar games.21)(6) If the seller furnished a loan to the consumer for the purchase of the goods or for theprovision of service, or if such a loan was furnished by the a third person by virtue of thecontract with the seller, then by withdrawal from the sale also the loan contract shall be cancelled. The right for action for trover and conversion is thus not impaired.

§ 13
Other Terms and Conditions of Contract(1) If the seller does not perform the contract, due to inability to deliver the ordered goods orprovide service, he is obliged to notify the consumer about this fact immediately and pay
him back the price paid for the goods or paid as an advance payment, within fifteen days,
unless the seller and consumer agree on other facultative compensation.
(2) If the seller and consumer do not reach an agreement on facultative compensation, theseller is obliged to compensate all the demonstrated expenses accrued to the consumer byordering the goods or services.
(3) In case of facultative compensation the seller is obliged to deliver goods or to provide
service to the consumer at the same quality and price.

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COMMON AND FINAL PROVISIONS§ 14
Supervision over Compliance with the Act and Penalties(1) Supervision over compliance with this Act is carried out by the supervisory bodies under
separate regulations.23)(2) The supervisory body may impose a penalty to the seller in the amount of up to 100,000
Sk, if he breaches provisions of § 3, 6 and 11.
(3) The penalty under section 2 may be imposed within three years following the date of thebreach of duty.
(4) The revenues from the penalties are credited to the state budget or municipal budget,
depending on which body imposed the penalty.
(5) Obligation to compensate for damage is not impaired by imposing the penalty.
(6) Consumer associations24) and other legal persons established for consumer protection
are entitled, with the consumer’s and seller’s approvals, to mediate a settlement of disputes
between the consumer and the seller in handling complaints under this Act.

§ 15
Consumer’s rights stipulated by this Act may neither be beforehand restricted nor limited ona contract basis.25)§ 16This Act shall enter into force on 1 April 2000.

Rudolf Schuster, in his own hand
Jozef Migaš, in his own hand
Mikuláš Dzurinda, in his own hand
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1) Civil Code, § 51, § 588-610.
2) Act 634/1992 Coll. § 2, section 1, item b), section 3, § 27, as amended on consumer protection.
3) Civil Code, § 588-627.
4) Labour Code, § 91 and 92,
SR National Council Act 241/1993 Coll., as amended, on public holidays and remembrance days.
5) For example Act 634/1992 Coll., as amended, Act 455/1991 Coll., as amended, on commercial activity (Trading Act), , Act 178/1998 Coll. on conditions for sale of goods and provision of services on market places and on amendment of Act 455/1991 Coll., as amended,on commercial activity (Trading Act), as worded by the Act 310/1999 Coll., SR National
Council Act 274/1993 Coll. on definition of competency of bodies concerning the consumer
protection, as worded by the Act 310/1999 Coll., Slovak National Council Act 71/1986 Coll.,
as amended, on Slovak Commercial Inspection.
6) Act 634/1992 Coll., as amended, § 2, section 1, item h).
7) Act 455/1991 Coll., as amended, § 17.
8) Act 178/1998 Coll. § 2, section 1, item a), as worded by the Act 310/1999 Coll.
9) Civil Code, § 663-720,
Act 50/1976 Coll., as amended, on land development planning and construction regulations(Building Act),Act 455/1991 Coll, as amended, § 4.
10) Civil Code, § 788-791.
11) Act 600/1992 Coll., as amended, on securities, § 13-44.
12) Act 455/1991 Coll., as amended, § 26 and 27 and Annex 3.
13) For example SR National Council Act 152/1995 Coll. on food, Act 634/1992 Coll., asamended, § 3-19.
14) Act 455/1991 Coll., as amended, § 5-17.
15) Commercial Code, § 2, section 2, item b).
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16) Commercial Code, § 2, section 2, item a).
17) Act 634/1992 Coll., as amended, § 9-13.
18) SR National Council Act 18/1996 Coll. on prices.
19) Regulation of the SR Ministry of Finance 55/1994 Coll., as amended, on method of registration of the sales revenues by electronic cash register.
20) Act 21/1992 Coll., as amended, on banks.
21) Act 194/1990 Coll., as amended, on lotteries and other similar games.
22) Act 383/1997 Coll., § 47-49, Author’s Act and amending act to the Customs Act, as amended.
23) SR National Council Act 274/1993 Coll., as worded by the Act 310/1999 Coll.,
Act 634/1992 Coll., as amended,
Slovak National Council Act 71/1986 Coll., as amended,
Slovak National Council Act 70/1986 Coll. on Slovak Agricultural and Food Inspection, as
amended,SR National Council Act 272/1994 Coll. on human health protection, as amended.
24) Act 634/1992 Coll., as amended, § 26 and 26a.
25) Civil Code, § 574, section 2.

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