keyboard_tab Clausole e vendite online Direttiva EU 2011/0083 EN

whereas adopt:

• whereas (2) 1
• whereas (3) 1
• whereas (31) 1
• whereas (63) 1
• whereas (65) 1

definitions:

• consumer
• trader
• goods
• goods made to the consumer
• sales contract
• service contract
• distance contract
• off-premises contract
• business premises
• durable medium
• digital content
• financial service
• public auction
• commercial guarantee
• ancillary contract
• We will collect the goods.
• You shall send back the goods or hand them over to us or … [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
• We will bear the cost of returning the goods.
• You will have to bear the direct cost of returning the goods.
• You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Article 5

Information requirements for contracts other than distance or off-premises_contracts

1.   Before the consumer is bound by a contract other than a distance or an off-premises_contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner, if that information is not already apparent from the context:

(a)	the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services;

(b)	the identity of the trader, such as his trading name, the geographical address at which he is established and his telephone number;

(c)

the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(d)	where applicable, the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the service, and the trader’s complaint handling policy;

(e)	in addition to a reminder of the existence of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial_guarantees, where applicable;

(f)	the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

(g)	where applicable, the functionality, including applicable technical protection measures, of digital_content;

(h)	where applicable, any relevant interoperability of digital_content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.

2.   Paragraph 1 shall also apply to contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital_content which is not supplied on a tangible medium.

3.   Member States shall not be required to apply paragraph 1 to contracts which involve day-to-day transactions and which are performed immediately at the time of their conclusion.

4.   Member States may adopt or maintain additional pre-contractual information requirements for contracts to which this Article applies.

CHAPTER III

CONSUMER INFORMATION AND RIGHT OF WITHDRAWAL FOR DISTANCE AND OFF-PREMISES CONTRACTS

Article 24

Penalties

1.   Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

2.   Member States shall notify those provisions to the Commission by 13 December 2013 and shall notify it without delay of any subsequent amendment affecting them.

Article 28

Transposition

1.   Member States shall adopt and publish, by 13 December 2013, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of these measures in the form of documents. The Commission shall make use of these documents for the purposes of the report referred to in Article 30.

They shall apply those measures from 13 June 2014.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   The provisions of this Directive shall apply to contracts concluded after 13 June 2014.

‘Article 8a

1.   Where a Member State adopts provisions in accordance with Article 8, it shall inform the Commission thereof, as well as of any subsequent changes, in particular where those provisions:

—	extend the unfairness assessment to individually negotiated contractual terms or to the adequacy of the price or remuneration; or,

—	contain lists of contractual terms which shall be considered as unfair,

2.   The Commission shall ensure that the information referred to in paragraph 1 is easily accessible to consumers and traders, inter alia, on a dedicated website.

3.   The Commission shall forward the information referred to in paragraph 1 to the other Member States and the European Parliament. The Commission shall consult stakeholders on that information.’