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Aggressive commercial practices

Aggressive practices are those in which the aim is to affect the consumer’s decision by the manner of sale or coercion.

Commercial practices are in all circumstances considered misleading if the trader:

  1. creates the impression that the consumer cannot leave the premises where a product is being sold or a service is being provided until a contract is formed;
  2. conducts personal visits to the consumer’s home ignoring the consumer’s request to leave or not to return except in circumstances and to the extent justified, under national law, to enforce a contractual obligation;
  3. makes persistent and unwanted solicitations by telephone, fax, e-mail or other remote media except in circumstances and to the extent justified under national law to enforce a contractual obligation; this is without prejudice to Article 2(1)(e) of Act No. 40/1995 Coll., as amended, and the applicable provisions of Act No. 480/2004 Coll. and Act No. 101/2000 Coll.;
  4. requires a consumer who wishes to claim on an insurance policy to produce documents which could not reasonably be considered relevant as to whether the claim was valid, or fails to respond to correspondence, in order to dissuade a consumer from exercising his contractual rights;
  5. includes in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them;
  6. demands immediate or deferred payment for or the return or safekeeping of products or services supplied by the trader, but not solicited by the consumer except where the product is a substitute supplied in conformity with a prior contract.
  7. explicitly informs a consumer that if he does not buy the product or service, the trader’s job or livelihood will be in jeopardy;
  8. creates the false impression that the consumer has already won or will win, when in fact either there is no prize or other equivalent benefit, or taking any action in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost.