keyboard_tab Clausole e vendite online Direttiva EU 2011/0083 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
2019/2161 2011/83 2005/29 1998/6 1993/13
2011/0083 EN cercato: 'read' . 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 169
- point 57
- goods 25
- contract 24
- consumer 23
- shall 23
- withdrawal 22
- oj 21
- information 19
- which 18
- trader 17
- from 16
- indent 13
- have 12
- directive 12
- applicable 10
- than 10
- insert 10
- will 10
- delivery 9
- points 9
- services 9
- right 8
- third 8
- address 8
- such 8
- cost 7
- case 7
- conclusion 7
- provided 7
- order 7
- //ec 7
- distance 6
- means 6
- returning 6
- ‘you 6
- period 6
- sentence 6
- distance_contract 6
- time 6
- second 6
- states 6
- first 6
- durable_medium 5
- days 5
- without 5
- withdraw 5
- provide 5
- heating 5
- bear 5
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 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 31
Repeals
Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial_services (21) and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex II.
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