Case Brief


                                       Parties of the case:

                     Jaroslava Kryštofová          x            Zepter company


Jaroslav Kryštofová succumbed tempting offer to buy a set of pots for Christmas markets in 1997.
Although signed a contract with the seller, but almost immediately has notified that from her
stepping down.

The company does not respond, her representative said up to two years later, when should be
according to the original contract paid dishes, and demanded as payment of the purchase price
(32 000,- CZK) as well as the penalty. According to the Constitution court is such conduct in terms
of good manners "very peculiar."
The woman did not give, the company did not pay anything and so ended up in court. Seller there
pointed to a part of the purchase agreement made ​​small print where you specify penalties and
conditions. "It was a crucial agreement for the buyer and yet it seemed unimportant footnote," said
Judge-Rapporteur Vojen Güttler.

The consumer is in a weak position in fact a professional supplier with regard to experience
greater professional seller, better knowledge of law.


Constitution court

Constitutional Court also noted in its earlier opinion almost identical things. "The consumer is in
a weak position in fact a professional supplier with a view to greater professional experience of
the seller, a better knowledge of the law and better availability of legal services and finally be
able to set the terms and conditions unilaterally through form contracts. Relations for such
characteristic is that the initiative to contract negotiations usually comes from a supplier, the
consumer is not ready to contractual agreements when contracting is used the element of surprise
and the inexperience of consumers, "said the judge.