Textile products labelling in the Czech Republic
Mandatory information provided by the retailers to the final customers on textile product labels in the Czech Republic
Legislation and general conditions for distribution of profit of Czech companies
This article is intended to provide information with regard to the mandatory information that must be provided to the final customers in retail of textile and related products in Czech Republic on product labels, and on the possible forms of such information.
1. PRODUCT NAME
The retailer should provide the customer with a product name stated on the product label. However, there is no special regulation regarding the product name of textile and related products in Czech Republic or in European Union (in contrast with special types of products such as food, drinks etc., where special regulations are present).
Under the Section 11 para. 1 of Act. 634/1992 Coll., the Customers Protection Act (the “Czech Customers Protection Act”), all information in written form provided to the customers in the Czech Republic from the retailer have to be in Czech language. According to interpretation of the Czech Customers Protection Act in professional literature, it is not necessary to translate the trade names of products, if those products are marketed in other countries under the same name.
In general, the product name should be able to distinguish the product from other products, and in our opinion, the serial number as a product name should be sufficient under the Czech law. However, with regard to customers orientation, it is also possible to keep the trade names of individual products in English.
In the area of textile and related products, there is no regulation on the necessity to mark such products with the exact “name” of the product, such as hat, shoes, t-shirt etc.).
2. NAME OF THE MANUFACTURER, IMPORTER AND RETAILER
All products sold to the final customers in the Czech Republic have to be labeled with information about the manufacturer, and if that is not possible, then at least with the information about the importer. Information about the retailer is not necessary, if the manufacturer and/or importer is present. However, in cases where it is possible to label the product with information on manufacturer and/or retailer, it is possible to substitute this information by information on the retailer.
According to the professional literature regarding the Czech Customer Protection Act, the consumer should be able to distinguish, who of the abovementioned is stated on the product label. Therefore, we would recommend you to add the information whether the “Under Armour, Inc. All rights reserved. Under Armour Europe B.V. NL- 1076 DE Amsterdam” is the manufacturer or importer of retailed products.
3. INFORMATION ON MATERIALS USED AND COMPOSITION
3.1 All textile, fashion and related products must be labeled in writing with information on materials used and composition. Under the directly applicable European Council and European Parliament Regulation No. 1007/2011 (the “Regulation”), textile and fashion retailers have to use uniform names of approved textile fibers.
3.2 The Regulation applies to textile products for which fibers account for at least 80% by weight, but also for upholstery, umbrellas or mattresses. Annex 1 of the Regulation lists the exact names of textile fibers, which have to be used by retailers/manufacturers in European Union.
For the purpose of retail of textile and related products in the Czech Republic, all information on materials used and composition of products must be in Czech language, because under the Section 11 para. 1 of the Czech Customers Protection Act, all written information provided to the Czech final customer are required to be in Czech language.
4. SIZES
There is a technical regulation on sizes of textile products for European Union (EN 13402-3), implemented in the Czech Republic as ČSN EN 13402-3, but neither one is legally binding, and so standardized sizes are not mandatory for retailers of textile and related products.
Retailers can provide their customers with more thorough information on how are sizes such retailer use calculated and measured, especially in retail through e-shop, but it is not mandatory requirement.
In the event that the retailer declares that the sizes he use comply with the standard sizes according to the European Standard, he undertakes to comply with the non-binding technical regulation, and this regulation becomes binding and enforceable for such retailer.
5. INFORMATION ON PROPER USE OR MAINTENANCE OF THE PRODUCT AND USE OF PICTOGRAMS:
The Customer Protection Act determine, that retailers are obliged to inform their customers with the characteristics of the product, its proper use and maintenance, as well as inform the customers on dangers arising from improper use or wrong maintenance. The information must be clear, legible and true. The law allows not only to use text, but also symbols and pictograms. If symbols or pictograms of any kind are used, the retailer must be able explain their meaning on request of the customer.
The retailers can use the standardized pictograms, which are commonly used internationally (but those can be a subject to a license), or create their own pictograms. In that case, explanation of those pictograms should be provided to the customer together with the retailed product.
An incomplete label on the product is a product is considered as a defect under the Czech law, and in case any damage is caused because of the incomplete information provided to the customer, the retailer is responsible for such damage. If such damage exceeds 500 EUR, the customer can claim damages directly from the manufacturer or importer.
In cases the product is damaged by the customer due to improper use or wrong maintenance caused by the incomplete information provided by the retailer, the retailer consequently loses a legitimate reason to deny such customers reclamation based on the legal grounds of misuse of the product by the customer.
Information on proper use or maintenance of the product must be in Czech language.
Pictograms and other symbols regarding the maintenance of the textile are not mandatory. But with regard to the abovementioned, each symbol used currently by the retailer would have to be replaced by written information in Czech language with the same meaning as the symbol which was substituted. Textile maintenance symbols are commonly used and can be used internationally, no matter the language. But please note, that each retailer should be prepared to explain those symbols and pictograms in Czech language to the customers based on their request.
6. SUMMARY
All information provided by the retailer to the final customer in the Czech Republic must be in all cases clear, direct, easily visible, and of a permanent nature. All information provided in written form must be provided in Czech language, or in a language the customer is able to understand.
For more information, contact us at:
JUDr. Mojmír Ježek, Ph.D.
ECOVIS ježek, advokátní kancelář s.r.o.
Betlémské nám. 6
110 00 Praha 1
e-mail: mojmir.jezek@ecovislegal.cz
www.ecovislegal.cz
About ECOVIS ježek advokátní kancelář s.r.o.
The Czech law office in Prague ECOVIS ježek practices mainly in the area of Czech commercial law, Czech real estate law, representation at Czech courts, administrative bodies and arbitration courts, as well as Czech finance and banking law, and provides full-fledged advice in all areas, making it a suitable alternative for clients of international law offices. The international dimension of the Czech legal services provided is ensured through past experience and through co-operation with leading legal offices in most European countries, the US, and other jurisdictions. The Czech lawyers of the ECOVIS ježek team have many years of experience from leading international law offices and tax companies, in providing legal advice to multinational corporations, large Czech companies, but also to medium-sized companies and individual clients. For more information, go to www.ecovislegal.cz/en.
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