keyboard_tab Clausole e vendite online Direttiva EU 2011/0083 EN

(20) The definition of distance_contract should cover all cases where a contract is concluded between the trader and the consumer under an organised distance sales or service-provision scheme, with the exclusive use of one or more means of distance communication (such as mail order, Internet, telephone or fax) up to and including the time at which the contract is concluded.

  That definition should also cover situations where the consumer visits the business_premises merely for the purpose of gathering information about the goods or services and subsequently negotiates and concludes the contract at a distance.

  By contrast, a contract which is negotiated at the business_premises of the trader and finally concluded by means of distance communication should not be considered a distance_contract.

  Neither should a contract initiated by means of distance communication, but finally concluded at the business_premises of the trader be considered a distance_contract.

  Similarly, the concept of distance_contract should not include reservations made by a consumer through a means of distance communications to request the provision of a service from a professional, such as in the case of a consumer phoning to request an appointment with a hairdresser.

  The notion of an organised distance sales or service-provision scheme should include those schemes offered by a third party other than the trader but used by the trader, such as an online platform.

  It should not, however, cover cases where websites merely offer information on the trader, his goods and/or services and his contact details.

(21) An off-premises_contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, in a place which is not the business_premises of the trader, for example at the consumer’s home or workplace.

  In an off-premises context, the consumer may be under potential psychological pressure or may be confronted with an element of surprise, irrespective of whether or not the consumer has solicited the trader’s visit.

  The definition of an off-premises_contract should also include situations where the consumer is personally and individually addressed in an off-premises context but the contract is concluded immediately afterwards on the business_premises of the trader or through a means of distance communication.

  The definition of an off-premises_contract should not cover situations in which the trader first comes to the consumer’s home strictly with a view to taking measurements or giving an estimate without any commitment of the consumer and where the contract is then concluded only at a later point in time on the business_premises of the trader or via means of distance communication on the basis of the trader’s estimate.

  In those cases, the contract is not to be considered as having been concluded immediately after the trader has addressed the consumer if the consumer has had time to reflect upon the estimate of the trader before concluding the contract.

  Purchases made during an excursion organised by the trader during which the products acquired are promoted and offered for sale should be considered as off-premises_contracts.

(36) In the case of distance_contracts, the information requirements should be adapted to take into account the technical constraints of certain media, such as the restrictions on the number of characters on certain mobile telephone screens or the time constraint on television sales spots.

  In such cases the trader should comply with a minimum set of information requirements and refer the consumer to another source of information, for instance by providing a toll free telephone number or a hypertext link to a webpage of the trader where the relevant information is directly available and easily accessible.

  As to the requirement to inform the consumer of the cost of returning goods which by their nature cannot normally be returned by post, it will be considered to have been met, for example, if the trader specifies one carrier (for instance the one he assigned for the delivery of the good) and one price concerning the cost of returning the goods.

  Where the cost of returning the goods cannot reasonably be calculated in advance by the trader, for example because the trader does not offer to arrange for the return of the goods himself, the trader should provide a statement that such a cost will be payable, and that this cost may be high, along with a reasonable estimation of the maximum cost, which could be based on the cost of delivery to the consumer.

(52) In the context of sales_contracts, the delivery of goods can take place in various ways, either immediately or at a later date.

  If the parties have not agreed on a specific delivery date, the trader should deliver the goods as soon as possible, but in any event not later than 30 days from the day of the conclusion of the contract.

  The rules regarding late delivery should also take into account goods to be manufactured or acquired specially for the consumer which cannot be reused by the trader without considerable loss.

  Therefore, a rule which grants an additional reasonable period of time to the trader in certain circumstances should be provided for in this Directive.

  When the trader has failed to deliver the goods within the period of time agreed with the consumer, before the consumer can terminate the contract, the consumer should call upon the trader to make the delivery within a reasonable additional period of time and be entitled to terminate the contract if the trader fails to deliver the goods even within that additional period of time.

  However, this rule should not apply when the trader has refused to deliver the goods in an unequivocal statement.

  Neither should it apply in certain circumstances where the delivery period is essential such as, for example, in the case of a wedding dress which should be delivered before the wedding.

  Nor should it apply in circumstances where the consumer informs the trader that delivery on a specified date is essential.

  For this purpose, the consumer may use the trader’s contact details given in accordance with this Directive.

  In these specific cases, if the trader fails to deliver the goods on time, the consumer should be entitled to terminate the contract immediately after the expiry of the delivery period initially agreed.

  This Directive should be without prejudice to national provisions on the way the consumer should notify the trader of his will to terminate the contract.