keyboard_tab Clausole e vendite online Direttiva EU 2011/0083 EN
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2019/2161 2011/83 2005/29 1998/6 1993/13
2011/0083 EN cercato: 'during' . Output generated live by software developed by IusOnDemand srl- 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 194
- consumer 74
- point 60
- trader 52
- goods 45
- shall 42
- contract 38
- withdrawal 33
- which 32
- information 26
- means 22
- from 22
- oj 21
- provided 17
- period 17
- than 16
- case 15
- third 14
- services 13
- indent 13
- have 13
- directive 13
- right 13
- points 12
- conclusion 11
- provide 11
- physical 11
- time 10
- during 10
- will 10
- party 10
- insert 10
- durable_medium 10
- accordance 10
- delivery 9
- concluded 9
- acquires 9
- price 9
- sale 9
- supply 9
- days 9
- cost 9
- without 9
- bear 9
- indicated 8
- states 8
- carrier 8
- limited 8
- referred 8
- they 8
Article 2
Definitions
For the purpose of this Directive, the following definitions shall apply:
(1) | ‘ consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession; |
(2) | ‘ trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive; |
(3) | ‘ goods’ means any tangible movable items, with the exception of items sold by way of execution or otherwise by authority of law; water, gas and electricity shall be considered as goods within the meaning of this Directive where they are put up for sale in a limited volume or a set quantity; |
(4) | ‘ goods made to the consumer’s specifications’ means non-prefabricated goods made on the basis of an individual choice of or decision by the consumer; |
(5) | ‘ sales_contract’ means any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services; |
(6) | ‘ service_contract’ means any contract other than a sales_contract under which the trader supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof; |
(7) | ‘ distance_contract’ means any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; |
(8) | ‘ off-premises_contract’ means any contract between the trader and the consumer:
|
(9) | ‘ business_premises’ means:
|
(10) | ‘ durable_medium’ means any instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; |
(11) | ‘ digital_content’ means data which are produced and supplied in digital form; |
(12) | ‘ financial_service’ means any service of a banking, credit, insurance, personal pension, investment or payment nature; |
(13) | ‘ public_auction’ means a method of sale where goods or services are offered by the trader to consumers, who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services; |
(14) | ‘ commercial_guarantee’ means any undertaking by the trader or a producer (the guarantor) to the consumer, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract; |
(15) | ‘ ancillary_contract’ means a contract by which the consumer acquires goods or services related to a distance_contract or an off-premises_contract and where those goods are supplied or those services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader. |
Article 7
Formal requirements for off-premises_contracts
1. With respect to off-premises_contracts, the trader shall give the information provided for in Article 6(1) to the consumer on paper or, if the consumer agrees, on another durable_medium. That information shall be legible and in plain, intelligible language.
2. The trader shall provide the consumer with a copy of the signed contract or the confirmation of the contract on paper or, if the consumer agrees, on another durable_medium, including, where applicable, the confirmation of the consumer’s prior express consent and acknowledgement in accordance with point (m) of Article 16.
3. Where a consumer wants the performance of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating to begin during the withdrawal period provided for in Article 9(2), the trader shall require that the consumer makes such an express request on a durable_medium.
4. With respect to off-premises_contracts where the consumer has explicitly requested the services of the trader for the purpose of carrying out repairs or maintenance for which the trader and the consumer immediately perform their contractual obligations and where the payment to be made by the consumer does not exceed EUR 200:
(a) | the trader shall provide the consumer with the information referred to in points (b) and (c) of Article 6(1) and information about the price or the manner in which the price is to be calculated together with an estimate of the total price, on paper or, if the consumer agrees, on another durable_medium. The trader shall provide the information referred to in points (a), (h) and (k) of Article 6(1), but may choose not to provide it on paper or another durable_medium if the consumer expressly agrees; |
(b) | the confirmation of the contract provided in accordance with paragraph 2 of this Article shall contain the information provided for in Article 6(1). |
Member States may decide not to apply this paragraph.
5. Member States shall not impose any further formal pre-contractual information requirements for the fulfilment of the information obligations laid down in this Directive.
Article 8
Formal requirements for distance_contracts
1. With respect to distance_contracts, the trader shall give the information provided for in Article 6(1) or make that information available to the consumer in a way appropriate to the means of distance communication used in plain and intelligible language. In so far as that information is provided on a durable_medium, it shall be legible.
2. If a distance_contract to be concluded by electronic means places the consumer under an obligation to pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in points (a), (e), (o) and (p) of Article 6(1).
The trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function shall be labelled in an easily legible manner only with the words ‘order with obligation to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader. If the trader has not complied with this subparagraph, the consumer shall not be bound by the contract or order.
3. Trading websites shall indicate clearly and legibly at the latest at the beginning of the ordering process whether any delivery restrictions apply and which means of payment are accepted.
4. If the contract is concluded through a means of distance communication which allows limited space or time to display the information, the trader shall provide, on that particular means prior to the conclusion of such a contract, at least the pre-contractual information regarding the main characteristics of the goods or services, the identity of the trader, the total price, the right of withdrawal, the duration of the contract and, if the contract is of indeterminate duration, the conditions for terminating the contract, as referred to in points (a), (b), (e), (h) and (o) of Article 6(1). The other information referred to in Article 6(1) shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 of this Article.
5. Without prejudice to paragraph 4, if the trader makes a telephone call to the consumer with a view to concluding a distance_contract, he shall, at the beginning of the conversation with the consumer, disclose his identity and, where applicable, the identity of the person on whose behalf he makes that call, and the commercial purpose of the call.
6. Where a distance_contract is to be concluded by telephone, Member States may provide that the trader has to confirm the offer to the consumer who is bound only once he has signed the offer or has sent his written consent. Member States may also provide that such confirmations have to be made on a durable_medium.
7. The trader shall provide the consumer with the confirmation of the contract concluded, on a durable_medium within a reasonable time after the conclusion of the distance_contract, and at the latest at the time of the delivery of the goods or before the performance of the service begins. That confirmation shall include:
(a) | all the information referred to in Article 6(1) unless the trader has already provided that information to the consumer on a durable_medium prior to the conclusion of the distance_contract; and |
(b) | where applicable, the confirmation of the consumer’s prior express consent and acknowledgment in accordance with point (m) of Article 16. |
8. Where a consumer wants the performance of services, or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, to begin during the withdrawal period provided for in Article 9(2), the trader shall require that the consumer make an express request.
9. This Article shall be without prejudice to the provisions on the conclusion of e-contracts and the placing of e-orders set out in Articles 9 and 11 of Directive 2000/31/EC.
10. Member States shall not impose any further formal pre-contractual information requirements for the fulfilment of the information obligations laid down in this Directive.
Article 9
Right of withdrawal
1. Save where the exceptions provided for in Article 16 apply, the consumer shall have a period of 14 days to withdraw from a distance or off-premises_contract, without giving any reason, and without incurring any costs other than those provided for in Article 13(2) and Article 14.
2. Without prejudice to Article 10, the withdrawal period referred to in paragraph 1 of this Article shall expire after 14 days from:
(a) | in the case of service_contracts, the day of the conclusion of the contract; |
(b) | in the case of sales_contracts, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or:
|
(c) | in the case of 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, the day of the conclusion of the contract. |
3. The Member States shall not prohibit the contracting parties from performing their contractual obligations during the withdrawal period. Nevertheless, in the case of off-premises_contracts, Member States may maintain existing national legislation prohibiting the trader from collecting the payment from the consumer during the given period after the conclusion of the contract.
Article 14
Obligations of the consumer in the event of withdrawal
1. Unless the trader has offered to collect the goods himself, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the contract to the trader in accordance with Article 11. The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired.
The consumer shall only bear the direct cost of returning the goods unless the trader has agreed to bear them or the trader failed to inform the consumer that the consumer has to bear them.
In the case of off-premises_contracts where the goods have been delivered to the consumer’s home at the time of the conclusion of the contract, the trader shall at his own expense collect the goods if, by their nature, those goods cannot normally be returned by post.
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer shall in any event not be liable for diminished value of the goods where the trader has failed to provide notice of the right of withdrawal in accordance with point (h) of Article 6(1).
3. Where a consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall pay to the trader an amount which is in proportion to what has been provided until the time the consumer has informed the trader of the exercise of the right of withdrawal, in comparison with the full coverage of the contract. The proportionate amount to be paid by the consumer to the trader shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.
4. The consumer shall bear no cost for:
(a) | the performance of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, in full or in part, during the withdrawal period, where:
|
(b) | the supply, in full or in part, of digital_content which is not supplied on a tangible medium where:
|
5. Except as provided for in Article 13(2) and in this Article, the consumer shall not incur any liability as a consequence of the exercise of the right of withdrawal.
Article 35
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 25 October 2011.
For the European Parliament
The President
J. BUZEK
For the Council
The President
M. DOWGIELEWICZ
(1) OJ C 317, 23.12.2009, p. 54.
(2) OJ C 200, 25.8.2009, p. 76.
(3) Position of the European Parliament of 23 June 2011 (not yet published in the Official Journal) and decision of the Council of 10 October 2011.
(4) OJ L 372, 31.12.1985, p. 31.
(5) OJ L 144, 4.6.1997, p. 19.
(7) OJ L 376, 27.12.2006, p. 36.
(8) OJ L 178, 17.7.2000, p. 1.
(10) OJ L 255, 30.9.2005, p. 22.
(11) OJ L 124, 8.6.1971, p. 1.
(12) OJ L 319, 5.12.2007, p. 1.
(13) OJ L 149, 11.6.2005, p. 22.
(14) OJ L 201, 31.7.2002, p. 37.
(15) OJ L 95, 21.4.1993, p. 29.
(16) OJ L 171, 7.7.1999, p. 12.
(17) OJ C 321, 31.12.2003, p. 1.
(18) OJ L 158, 23.6.1990, p. 59.
(19) OJ L 33, 3.2.2009, p. 10.
(20) OJ L 133, 22.5.2008, p. 66.
(21) OJ L 271, 9.10.2002, p. 16.
ANNEX I
Information concerning the exercise of the right of withdrawal
A. Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day .
To exercise the right of withdrawal, you must inform us () of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Instructions for completion:
Insert one of the following texts between inverted commas:
|
Insert your name, geographical address and, where available, your telephone number, fax number and e-mail address. |
If you give the option to the consumer to electronically fill in and submit information about his withdrawal from the contract on your website, insert the following: ‘You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website [insert Internet address]. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable_medium (e.g. by e-mail) without delay.’. |
In the case of sales_contracts in which you have not offered to collect the goods in the event of withdrawal insert the following: ‘We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.’. |
If the consumer has received goods in connection with the contract:
|
In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, insert the following: ‘If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.’. |
B. Model withdrawal form
— | To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]: |
— | I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1), |
— |
— | Name of consumer(s), |
— | Address of consumer(s), |
— | Signature of consumer(s) (only if this form is notified on paper), |
— | Date |
(1) Delete as appropriate.
ANNEX II
Correlation table
Directive 85/577/EEC | Directive 97/7/EC | This Directive |
Article 1 |
| Article 3 read in conjunction with Article 2, points 8 and 9, and Article 16, point (h) |
| Article 1 | Article 1 read in conjunction with Article 2, point 7 |
Article 2 |
| Article 2, points 1 and 2 |
| Article 2, point 1 | Article 2, point 7 |
| Article 2, point 2 | Article 2, point 1 |
| Article 2, point 3 | Article 2, point 2 |
| Article 2, point 4, first sentence | Article 2, point 7 |
| Article 2, point 4, second sentence | — |
| Article 2, point 5 | — |
Article 3(1) |
| Article 3(4) |
Article 3(2), point (a) |
| Article 3(3), points (e) and (f) |
Article 3(2), point (b) |
| Article 3(3), point (j) |
Article 3(2), point (c) |
| — |
Article 3(2), point (d) |
| Article 3(3), point (d) |
Article 3(2), point (e) |
| Article 3(3), point (d) |
Article 3(3) |
| — |
| Article 3(1), first indent | Article 3(3), point (d) |
| Article 3(1), second indent | Article 3(3), point (l) |
| Article 3(1), third indent | Article 3(3), point (m) |
| Article 3(1), fourth indent | Article 3(3), points (e) and (f) |
| Article 3(1), fifth indent | Article 6(3) and Article 16, point (k) read in conjunction with Article 2, point 13 |
| Article 3(2), first indent | Article 3(3), point (j) |
| Article 3(2), second indent | Article 3(3), point (f) (for rental of accommodation for residential purposes), point (g) (for package travel), point (h) (for timeshare), point (k) (for passenger transport with some exceptions) and Article 16, point (l) (exemption from the right of withdrawal) |
Article 4, first sentence |
| Article 6(1), points (b), (c) and (h), and Article 7(1) and (2) |
Article 4, second sentence |
| Article 6(1), point a and Article 7(1) |
Article 4, third sentence |
| Article 6(1) |
Article 4, fourth sentence |
| Article 10 |
| Article 4(1), point (a) | Article 6(1), points (b) and (c) |
| Article 4(1), point (b) | Article 6(1), point (a) |
| Article 4(1), point (c) | Article 6(1), point (e) |
| Article 4(1), point (d) | Article 6(1), point (e) |
| Article 4(1), point (e) | Article 6(1), point (g) |
| Article 4(1), point (f) | Article 6(1), point (h) |
| Article 4(1), point (g) | Article 6(1), point (f) |
| Article 4(1), point (h) | — |
| Article 4(1), point (i) | Article 6(1), points (o) and (p) |
| Article 4(2) | Article 6(1) read in conjunction with Article 8(1), (2) and (4) |
| Article 4(3) | Article 8(5) |
| Article 5(1) | Article 8(7) |
| Article 5(2) | Article 3(3), point m |
| Article 6(1) | Article 9(1) and (2), Article 10, Article 13(2), Article 14 |
| Article 6(2) | Article 13 and Article 14(1), second and third subparagraphs |
| Article 6(3), first indent | Article 16, point (a) |
| Article 6(3), second indent | Article 16, point (b) |
| Article 6(3), third indent | Article 16, point (c) and (d) |
| Article 6(3), fourth indent | Article 16, point (i) |
| Article 6(3), fifth indent | Article 16, point (j) |
| Article 6(3), sixth indent | Article 3(3), point (c) |
| Article 6(4) | Article 15 |
| Article 7(1) | Article 18(1) (for sales_contracts) |
| Article 7(2) | Article 18(2), (3) and (4) |
| Article 7(3) | — |
| Article 8 | — |
| Article 9 | Article 27 |
| Article 10 | — (but see Article 13 of Directive 2002/58/EC) |
| Article 11(1) | Article 23(1) |
| Article 11(2) | Article 23(2) |
| Article 11(3), point (a) | Article 6(9) for the burden of proof concerning pre-contractual information; for the rest: – |
| Article 11(3), point (b) | Article 24(1) |
| Article 11(4) | — |
| Article 12(1) | Article 25 |
| Article 12(2) | — |
| Article 13 | Article 3(2) |
| Article 14 | Article 4 |
| Article 15(1) | Article 28(1) |
| Article 15(2) | Article 28(1) |
| Article 15(3) | Article 28(1) |
| Article 15(4) | Article 30 |
| Article 16 | Article 26 |
| Article 17 | — |
| Article 18 | Article 34 |
| Article 19 | Article 35 |
Article 5(1) |
| Articles 9 and 11 |
Article 5(2) |
| Article 12 |
Article 6 |
| Article 25 |
Article 7 |
| Articles 13, 14 and 15 |
Article 8 |
| Article 4 |
Annex to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (1) | To be construed as a reference to |
Paragraphs 2 and 11 | This Directive |
whereas