keyboard_tab Clausole e vendite online Direttiva EU 2011/0083 EN

(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.

(a)

for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including long-term care;

(b)

for healthcare as defined in point (a) of Article 3 of Directive 2011/24/EU, whether or not they are provided via healthcare facilities;

(c)

for gambling, which involves wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions;

(d)

for financial_services;

(e)

for the creation, acquisition or transfer of immovable property or of rights in immovable property;

(f)

for the construction of new buildings, the substantial conversion of existing buildings and for rental of accommodation for residential purposes;

(g)

which fall within the scope of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (18);

(h)

which fall within the scope of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (19);

(i)

which, in accordance with the laws of Member States, are established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope;

(j)

for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer’s home, residence or workplace;

(k)

for passenger transport services, with the exception of Article 8(2) and Articles 19 and 22;

(l)

concluded by means of automatic vending machines or automated commercial premises;

(m)

concluded with telecommunications operators through public payphones for their use or concluded for the use of one single connection by telephone, Internet or fax established by a consumer.

(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.

(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;

(c)

the geographical address at which the trader is established and the trader’s telephone number, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and communicate with him efficiently and, where applicable, the geographical address and identity of the trader on whose behalf he is acting;

(d)

if different from the address provided in accordance with point (c), the geographical address of the place of business of the trader, and, where applicable, that of the trader on whose behalf he is acting, where the consumer can address any complaints;

(e)

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 and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable. In the case of a contract of indeterminate duration or a contract containing a subscription, the total price shall include the total costs per billing period. Where such contracts are charged at a fixed rate, the total price shall also mean the total monthly costs. Where the total costs cannot be reasonably calculated in advance, the manner in which the price is to be calculated shall be provided;

(f)

the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate;

(g)

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

(h)

where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with Article 11(1), as well as the model withdrawal form set out in Annex I(B);

(i)

where applicable, that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance_contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

(j)

that, if the consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall be liable to pay the trader reasonable costs in accordance with Article 14(3);

(k)

where a right of withdrawal is not provided for in accordance with Article 16, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses his right of withdrawal;

(l)

a reminder of the existence of a legal guarantee of conformity for goods;

(m)

where applicable, the existence and the conditions of after sale customer assistance, after-sales services and commercial_guarantees;

(n)

the existence of relevant codes of conduct, as defined in point (f) of Article 2 of Directive 2005/29/EC, and how copies of them can be obtained, where applicable;

(o)

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;

(p)

where applicable, the minimum duration of the consumer’s obligations under the contract;

(q)

where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;

(r)

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

(s)

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;

(t)

where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it.

(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).

(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.

(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.

(a)

use the model withdrawal form as set out in Annex I(B); or

(b)

make any other unequivocal statement setting out his decision to withdraw from the contract.

(a)

to perform the distance or off-premises_contract; or

(b)

to conclude the distance or off-premises_contract, in cases where an offer was made by the consumer.

(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:

(a)

service_contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;

(b)

the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;

(c)

the supply of goods made to the consumer’s specifications or clearly personalised;

(d)

the supply of goods which are liable to deteriorate or expire rapidly;

(e)

the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

(f)

the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

(g)

the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales_contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;

(h)

contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;

(i)

the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

(j)

the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;

(k)

contracts concluded at a public_auction;

(l)

the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;

(m)

the supply of digital_content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.

(a)

public bodies or their representatives;

(b)

consumer organisations having a legitimate interest in protecting consumers;

(c)

professional organisations having a legitimate interest in acting.

—

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,