The Waste Act (Section 38, para. 4) defines a final seller as a legal entity or individual authorised to do business and which sells electrical or electronic equipment to final users.
The final seller of electrical or electronic equipment has in particular the following basic obligations:
(Section 37k, para. 4 of the Waste Act), which means to ensure that the final user can hand over for take-back used electrical or electronic equipment at the point of sale or delivery of new electrical or electronic equipment when buying such equipment in the same number of pieces of equipment of a similar type and use (i.e. regardless of the brand of the equipment being sold or taken back).
For this type of take-back, the final user is not obliged to prove to the final seller whether the electrical or electronic equipment they intend to hand over via take-back when buying new electrical or electronic equipment was bought from this final seller. The final seller is therefore not entitled to require that the final user present a receipt of the purchase of the handed-over electrical or electronic equipment. Taken-back electrical and electronic equipment designated for use in households is not waste. For this reason the final sellers do not have to consent to the operation of devices for use, removal, collection and purchase of waste according to Section 14, para. 1 of the Waste Act.
2) to take back electrical or electronic equipment at the point of sale if the selling space is at least 400 m2
to enable final users at any time during business hours to hand over used electrical or electronic equipment for take-back free of charge,
if none of the external dimensions of said equipment are greater than 25 cm, regardless of the brand of the producer and without the need to purchase goods.
(Section 37k, para. 3 and Section 38, paras. 4 and 5 of the Waste Act), which consists especially in the obligation to inform the final user about the method of ensuring take-back of used electrical or electronic equipment.
If the final seller does not comply with obligation to inform, it is obliged to take-back the used products directly at the point of sale without a right to payment from the final user at any time during business hours and without the need to purchase goods. When selling products at a distance for which the take-back obligation applies, the final seller is obliged to inform the final user of the means of providing take-back.
According to Section 3 para. 2 of Decree No. 237/2002 Coll., the information on the method of take-back the final seller transfers to the consumer pursuant to Section 38 para. 5 of the Waste Act must contain at minimum:
- the name, address and telephone number of the take-back point
- types of taken-back products
- hours for take-back
- notification of take-back at no charge
In addition, the final seller should ensure that the electrical and electronic equipment it sells originates only from sellers of electrical and electronic equipment in the List of Producers maintained by the Ministry of the Environment. Anyone who within their business activities sells electrical and electronic equipment originating from a producer not on the List or an authorised representative stated in the List instead bears the producer’s responsibility for compliance with the producer’s obligations stated in this part of the Act.
The law establishes the responsibility of the last seller of electrical equipment intended for household use to provide the end user the opportunity when buying electrical equipment to give back free of charge used electrical equipment at the point of sale or delivery of the new electrical equipment. In the case of internet retailers, the delivery place is typically the consumer’s home address to which the newly purchased electrical equipment was delivered. Given that the aforementioned take-back obligation concerns many firms connected with KS ASEKOL, we would like to ask, by means of a simple survey, for information regarding if and how you take back old electrical equipment and if we could provide you assistance with the take-back