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: 'until' . 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 171
- point 57
- goods 32
- withdrawal 28
- consumer 28
- from 21
- oj 21
- trader 20
- contract 18
- shall 17
- indent 13
- which 13
- than 12
- right 11
- have 11
- insert 10
- will 10
- period 9
- bear 9
- cost 9
- event 9
- back 8
- delivery 8
- points 8
- third 8
- days 8
- case 8
- withdraw 7
- returning 7
- address 7
- first 7
- accordance 7
- reimbursement 6
- ‘you 6
- without 6
- collect 6
- sentence 6
- second 6
- directive 6
- goods’ 5
- exercise 5
- nature 5
- provided 5
- offered 5
- received 5
- until 5
- what 5
- been 5
- supply 5
- decision 5
Article 13
Obligations of the trader in the event of withdrawal
1. The trader shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract in accordance with Article 11.
The trader shall carry out the reimbursement referred to in the first subparagraph using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
2. Notwithstanding paragraph 1, the trader shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
3. Unless the trader has offered to collect the goods himself, with regard to sales_contracts, the trader may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
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