Asekol > Final dealers > Duties of the dealers
Duties of the dealers
Pursuant to the Waste Act (Section 38 (4)), the final dealer means a legal person or a natural person authorized to operate a business who sells electrical and electronic equipment (EEE) to the consumer.
The final dealer has, in particular, the following two duties:
1) the duty to take back EEE “item for item” (Section 37k (4) of the Waste Act), i.e. to ensure that, upon purchase of EEE, the consumer is able to hand over used EEE for take-back at the point of sale or at the place of delivery of the new EEE, in the same number of items as the sold EEE of a similar type and use (i.e. without regard to the brand of the sold and taken-back EEE). In this type of take-back, the consumer need not prove to the final dealer whether the EEE that he intends to return upon purchase of the new EEE within the take-back system was purchased from this final dealer. Thus, the final dealer is not authorized to request that the consumer present a receipt for purchase of the returned EEE. Returned EEE from private households does not constitute waste. Consequently, the final dealers do not require consent to operation of facilities for recovery, disposal, collection or purchase of waste pursuant to Section 14 (1) of the Waste Act.
2) the duty to provide information (Section 37k (3) and Section 38 (4) and (5) of the Waste Act), which includes particularly the duty to inform the final user of the method of providing for the take-back duty. If the final dealer fails to fulfill the duty to provide information, (s)he is obliged to accept used products from the consumer directly on the business premises, without the right to consideration from the consumer, throughout the operating hours and without binding the acceptance of used products intended for take-back to the purchase of goods.
Information on the manner of providing for the take-back duty, which is provided by the final dealer to the consumer pursuant to Section 38 (5) of the Waste Act, must contain, pursuant to Section 3 (5) of Decree No. 237/2002 Coll., as a minimum:
a) the name, address and telephone number of the take-back site;
b) the types of products that are taken back;
c) the operating hours for the take-back services;
d) the advice that the take-back services are provided free of charge.
In addition, the final dealer should ensure that the EEE sold by him/her originate only from producers of EEE registered in the List of Producers of Electrical and Electronic Equipment, which is kept by the Ministry of the Environment. Any person who, in the framework of his/her business activities, sells electrical and electronic equipment that does not originate from producers registered in the List, bears the responsibility of a producer of EEE for the performance of the latter’s duties set forth in the Waste Act.
Published on: 08. 03. 2010
Author: RNDr. Eva Zvěřinová