"In the last days of our Hotline emerging consumer complaints to the company BNM-MEDICAL CZECH SE organizing promotional events. Consumers, in the vast majority of seniors, the purchase of therapeutic devices for 40 or more crowns shortly after arriving home twice before, but the seller refuses to withdraw from the contract respected. It refers to the fact that contracts are concluded in the shop and here the right to cancel the contract within 14 days does not apply, "warns Luke Green, head of the legal department Dtest.
Consumers consistently reveal that a written invitation addressed to the name predates the telephone with addressing information to open a new branch companies focused on health. The invitations will not know anything about the products that will be subject to the presentation, only the company promises to present their activities. The name, logo, company mission and a website with photos of people with stethoscopes around the neck easily receive the impression that a medical facility. The event will include refreshments and a gift for their participation. The course can already imagine - acclaimed works, draws a purchase contract for the instrument at prices that are tens of thousands after discount. If you add to this the element of surprise, the inability compared to other products on the market, psychological manipulation, winning in the form of significant discounts and transportation to your home with a stop at the bank for money, was no different from the typical demonstrations.
One difference here however. The event will take place at the company's headquarters BNM-MEDICAL CZECH SE, in the policy as the "shop". Consumers therefore supposedly have no right to rescind the contract, since the law reserves this possibility for cases where the purchase took place outside business premises (for example in a restaurant during a demonstration event).
That is not true. "Regardless of whether it is the seat of the registered office or place of business not reported in the Trade Registry, it is not the business premises where consumers could expect the sale of the products. The element of surprise is one of the main reasons of consumer protection in contracts outside the usual business premises. Civil Code, therefore, in this context does not work with the concept of business, but business premises and commonality is assessed always from the perspective of the consumer, not the seller of that, "says Luke Green. The Court of Justice of the European Union stated that it must be a retail space open to the public and as such must be clearly marked.
Source: tz dTest.cz