Is door-to-door selling legal?

Legal

By: Petr Berdych

Door-to-door sales are not universally banned in the Czech Republic, but some towns and municipalities restrict or completely exclude them in their ordinances. In Prague, for example, there is a ban on door-to-door sales throughout the city (Section 8(2) of Ordinance No. 21/2021 Coll. of the City of Prague). In other cities or towns, sales may be restricted (for example, to certain times or places).

Regardless of local regulations, sellers are obliged to comply with the Consumer Protection Act and must not use misleading or aggressive commercial practices. Examples of unfair commercial practices include creating a false impression of urgency (“This offer is only valid now!”), repeated intrusive visits of the retailer even after the consumer has asked the retailer not to return, etc.

Seller’s information obligation

Prior to entering into a contract, the seller is obliged to provide the consumer with comprehensible information about:

  • his identity – business name, registration number, registered office and contact details,
  • the price and features of the goods or services offered,
  • the correct way to use and maintain the goods,
  • the method of delivery and associated costs,
  • withdrawal options, including conditions and time limits,
  • procedure for filing a complaint, including the claim periods.

What to watch out for?

  1. Do not sign anything on the spot – if you are interested in an offer, ask for it to be emailed to you and take your time to read it through. No legitimate seller should put pressure or make you feel the need for immediate consent.
  2. Verify the identity of the seller – if the seller claims to represent a reputable company and the situation seems suspicious to you, call the company and verify the seller’s identity.
  3. In case of pressure, contact the police – if the seller refuses to leave or behaves aggressively, call the Czech Police.

Can I withdraw from the contract?

Yes. If the consumer does enter into a contract, he or she has the right to withdraw from it without giving any reason within 14 days of signing it (Section 1828 of the Civil Code). If the seller’s visit was unsolicited, the withdrawal period is extended to 30 days (section 1829a of the Civil Code).

Although withdrawal can be made by any unambiguous statement to the seller (including, for example, a telephone call), we recommend that it is always made in writing. The most appropriate form is a registered letter or sending a withdrawal message from a data box. If you have the seller’s email address, you can also send a withdrawal via email.

If the withdrawal is not in writing, it will usually be difficult to prove that the withdrawal actually took place.

Conclusion

Door-to-door selling is a major risk, especially for older consumers. Consumers may be pushed into an unfavourable contract, buy unnecessary goods, or enter into a contract without the option to consider other suppliers and their benefits.

The basic rule is caution, verifying information and not signing anything particularly under pressure. If you suspect an unfair commercial practice, you can contact the Czech Trade Inspection Authority through the CTIA e-filing office. If the seller behaves aggressively, consider contacting the Czech Police.