Legal Risks for E-Shops Selling Limited Editions and Collectibles in the EU

Specific legal regimes for collectibles and limited editions

Selling collectibles and limited editions through an e-shop requires an understanding of several specific legal regimes. Czech legislation distinguishes between new goods, second-hand goods, works of art and antiques. A key aspect is correctly classifying the item in the relevant category, as an incorrect classification can be costly, particularly in the tax area.

How collectibles and limited editions are defined under Czech law

The term “collectible” is significant in Czech law primarily for the purposes of the VAT Act. Act No. 235/2004 Coll., on Value Added Tax, defines in Section 90 a special scheme for dealers in second-hand goods, works of art, collectibles and antiques. Collectibles are defined by reference to the customs tariff—typically postage stamps, coins, zoological or botanical collections, etc.

Given these requirements, it is critical for entrepreneurs to know how their goods are legally classified. A limited edition of modern sneakers is generally considered ordinary goods, not automatically a “collectible” within the meaning of the VAT Act, even if it is of interest to collectors.

By contrast, a rare vinyl record or a signed lithograph may fall within the category of works of art or collectibles. This distinction affects the VAT calculation (whether you tax the full amount or only the margin) as well as customs obligations. If you are dealing with setting up the VAT scheme, correctly determining the tax base, or the impact of additional assessments and penalties, a consultation within tax law may be helpful. To avoid costly mistakes, many entrepreneurs turn to lawyers from ARROWS advokátní kanceláře, who handle complex issues of tax classification of goods and setting up the VAT scheme. A practical view of when the conditions for tax recognition of a loss on unpaid invoices can be met is also summarised in the update Unpaid receivables in B2B: When a loss on invoices can be claimed as a tax-deductible expense and the strict conditions of the tax authority can be met.

Intellectual property protection and rights to photographs

One of the most common problems for e-shops is the unauthorised use of photographs and trade marks. In the limited-edition segment, this issue is particularly sensitive because the product’s value is often directly tied to the brand and visual presentation.

Copyright in product photographs

A product photograph is a copyrighted work within the meaning of the Czech Copyright Act if it is the result of the author’s creative activity; in practice, however, protection is granted to almost all professional product photographs.

If you commission photographs from a professional photographer, without an explicit licence agreement you do not automatically obtain unlimited rights of use. The photographer may retain moral rights and, in the event of a dispute, argue that you used the photographs beyond the agreed purpose.

Even riskier is taking photographs from the manufacturer or a competitor. The fact that you sell goods of a particular brand does not automatically give you the right to use their official product photos from the website unless you have consent. Unauthorised use of someone else’s photograph may lead to a claim for disgorgement of unjust enrichment, damages and removal of the materials. If you sell products where supervision may be relevant (e.g. pharmaceuticals or regulated products), it may be useful to add context from the article How to tell whether your product falls under SÚKL, SZPI or ČOI.

Trade marks and exhaustion of rights

The sale of branded goods (e.g. limited-edition sneakers, building sets) is subject to trade mark rules. A key concept is the so-called exhaustion of trade mark rights.

If the goods were placed on the market in the European Economic Area (EEA) by the trade mark owner itself or with its consent, its rights have been exhausted. You may then resell those specific goods without any further permission.

However, watch out for two situations:

• Imports from outside the EEA: If you import a limited edition from the USA or Asia and that edition was not officially sold in the EEA, exhaustion of rights has not occurred. The brand owner may prohibit the sale of such goods as trade mark infringement.
• Change in the condition of the goods: If you modify, repackage, or worsen the condition of the goods, the brand owner may object to further resale even if the goods were purchased in the EU.

The Court of Justice of the EU has also tightened the liability of online marketplace operators. If you store and sell third-party goods that infringe trade marks, you may, in certain circumstances, be held liable.

Ways to protect your e-shop

To minimise risks:

• Contractual arrangements for photographs: Enter into written licence agreements with photographers or contracts for work including a clause on the transfer of economic rights.
• Verification of the origin of goods: Make sure that the goods you sell were demonstrably placed on the market in the EEA with the brand owner’s consent. Keep acquisition documents (invoices from authorised distributors).
• Your own content: The safest approach is to create your own product photos of the purchased goods, which is generally permitted when selling genuine goods.

The lawyers at ARROWS advokátní kanceláře can prepare a legal analysis of your supply chains and licence agreements, helping you avoid disputes worth millions of Czech crowns.

GDPR, personal data protection and cookies

In 2026, the EU rules on data handling remain among the strictest in the world. E-shops must comply not only with the GDPR, but also with the Czech Personal Data Processing Act and the Czech Electronic Communications Act.

Basic GDPR obligations for e-shops

• Lawfulness of processing: You process personal data for order fulfilment on the basis of performance of a contract.
• Information duty: The website must provide easily accessible “Privacy Policy” information clearly explaining what data you collect, why, how long you keep it, and what rights the customer has.
• Cookies and banners: Under the Czech Electronic Communications Act, the opt-in principle applies. This means that, apart from technically necessary cookies  without the user’s prior demonstrable consent.

Common mistakes and sanctions

The Czech Data Protection Authority (ÚOOÚ) focuses on so-called dark patterns in cookie banners. The banner must not manipulate users – the “Reject all” button must be as visible and accessible as “Accept all”, and pre-ticked consent boxes are unlawful.

Fines under the GDPR can reach up to EUR 20 million or 4% of worldwide turnover. In the Czech Republic, fines for smaller entities typically range from tens to hundreds of thousands of Czech crowns, but remediation costs and reputational damage can be much higher.

GPSR – General Product Safety Regulation

Regulation (EU) 2023/988 on general product safety is fully effective and applies to all e-shops selling to consumers in the EU. It significantly tightens the requirements for product information.

What GPSR brings for e-shops

If you sell collectibles (that are not antiques), you must state the following for each product in your e-shop:

• Manufacturer identification: The name, registered trade name or trade mark of the manufacturer, and the postal and electronic address (email) at which they can be contacted.
• Responsible person in the EU: If the manufacturer is from a non-EU country, the product listing must include a responsible person established in the EU (importer, authorised representative) with contact details.
• Product identification: An image, type, batch number or serial number so that the product can be easily identified.
• Safety warnings: All warnings and safety information in the Czech language (e.g., “Not suitable for children under 3 years”, “Contains small parts”).

Risks and liability

As a seller, you are responsible for offering only safe products. The Czech Trade Inspection Authority (ČOI) monitors compliance with these obligations. If an e-shop does not include the mandatory information under the GPSR, the product may be withdrawn from sale and a fine may be imposed. If you sell a dangerous product that causes damage, you are also liable for that damage.

Accessibility and the Accessibility Act

Act No. 424/2023 Coll., on accessibility requirements for certain products and services, has been fully effective since mid-2025. E-shops must be accessible to persons with disabilities (compatibility with screen readers, subtitles for videos, sufficient contrast, keyboard operability).

An exemption applies to so-called micro-enterprises (businesses employing fewer than 10 people and whose annual turnover or balance sheet total does not exceed EUR 2 million) in relation to services. However, even micro-enterprises should strive for maximum accessibility to avoid discrimination disputes.

DSA – Digital Services Act

The Digital Services Act (DSA) applies to intermediary services. For a standard e-shop that sells its own goods, the obligations are less stringent than for large marketplaces, but they still exist.

Obligations under the DSA for smaller e-shops

If your e-shop allows users to post reviews or comments (a so-called hosting service), you must:

• Designate a single point of contact for supervisory authorities and for users.
• Have clear content moderation rules in your terms and conditions (which reviews you delete and why).
• Implement a mechanism for reporting illegal content (e.g., if someone uploaded illegal content in a review).

Online marketplace operators (marketplaces) that enable third-party sales have much broader obligations, including verifying sellers’ identities and transparency of recommender systems.

Consumer protection and complaints

Consumer protection is governed by the Czech Civil Code and the Consumer Protection Act. Collectibles give rise to specific situations that need to be addressed from a legal perspective.

Right to withdraw from the contract

As a rule, a consumer has the right to withdraw from an online contract within 14 days without giving any reason. There is an exception under Section 1837(b) of the Czech Civil Code for goods whose price depends on fluctuations in the financial market independently of the trader’s will.

Please note that this exception cannot be applied across the board to collectibles merely because their value is subjective or changes over time. Courts interpret this exception narrowly (e.g., investment gold), so for limited-edition sneakers or figurines, the 14-day return period generally applies.

Warranty and liability for defects

When selling new goods, you are liable for defects that become apparent within 2 years of acceptance (statutory warranty). For used goods—which is common with collectibles—you may agree with the customer to shorten the period for exercising rights arising from defective performance to 1 year.

You must state this information clearly in the product description or in the terms and conditions. At the same time, you are not liable for defects corresponding to the degree of use or wear and tear the goods had upon acceptance.

Unfair commercial practices and discounts

An amendment to the Consumer Protection Act introduced strict rules for presenting discounts. If you advertise a discount, it must be calculated from the lowest price at which you sold the product in the last 30 days before the discount.

It is also prohibited to use so-called false urgency (e.g., countdown timers such as “offer ends in 5 minutes” if that is not true) or false claims of limited availability if you have more items in stock.

Selective distribution and control of luxury goods sales

Luxury brands often use selective distribution systems to control who sells their goods and how.

Legality of sales restrictions

According to the case law of the Court of Justice of the EU (the Coty case) and the block exemption regulation, luxury goods manufacturers may prohibit their authorised distributors from selling on third-party online marketplaces.

If you are an authorised distributor, you must comply with these restrictions, otherwise you risk termination of the contract. If you are not an authorised distributor and you legally purchased the goods within the EEA, the manufacturer generally cannot prevent you from reselling them.

P2B Regulation – rules for online platforms

Regulation (EU) 2019/1150 (the P2B Regulation) concerns relationships between online platforms and business users. This regulation does not apply to a standard e-shop that sells only its own goods. It applies to you only if you operate an online marketplace where you allow other merchants to sell their goods to end customers.

If you operate a marketplace, you must have transparent terms and conditions, clear rules for ranking offers, and an internal system for handling complaints from business users. Supervision is carried out by the Czech Telecommunication Office.

Conclusion

Running an e-shop with collectibles in 2026 requires more than just passion for the field. It is a complex discipline tied to a range of regulations. Ignoring the rules on intellectual property, VAT, or consumer protection can lead to crippling fines and court disputes.

The lawyers at ARROWS advokátní kancelář, a Prague-based law firm, specialise in e-commerce law and help clients set up their business so that it is safe and compliant with current legislation.

If you want to be sure your e-shop will stand up to inspections as well as competitors, contact us at consultation@arws.cz.

Read also:

• Trademark Protection for E-shops in the Czech Republic: Registration and Defence
• How to protect your brand and online store from Czech copycats
• Legal Checklist for SaaS Platforms in the EU: GDPR, AI Act and Licensing
• Franchise vs. Exclusive Distribution: What Works Better in Czech Retail Law?
• Terminating Distribution Agreements in Czech Law: Structuring and Risk Mitigation (2026)