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 Art. 16 . Output generated live by software developed by IusOnDemand srl- Article 1 Subject matter
- Article 2 Definitions
- Article 3 Scope
- Article 4 Level of harmonisation
- Article 5 Information requirements for contracts other than distance or off-premises contracts
- Article 6 Information requirements for distance and off-premises contracts
- Article 7 Formal requirements for off-premises contracts
- Article 8 Formal requirements for distance contracts
- Article 9 Right of withdrawal
- Article 10 Omission of information on the right of withdrawal
- Article 11 Exercise of the right of withdrawal
- Article 12 Effects of withdrawal
- Article 13 Obligations of the trader in the event of withdrawal
- Article 14 Obligations of the consumer in the event of withdrawal
- Article 15 Effects of the exercise of the right of withdrawal on ancillary contracts
- Article 16 Exceptions from the right of withdrawal
- Article 17 Scope
- Article 18 Delivery
- Article 19 Fees for the use of means of payment
- Article 20 Passing of risk
- Article 21 Communication by telephone
- Article 22 Additional payments
- Article 23 Enforcement
- Article 24 Penalties
- Article 25 Imperative nature of the Directive
- Article 26 Information
- Article 27 Inertia selling
- Article 28 Transposition
- Article 29 Reporting requirements
- Article 30 Reporting by the Commission and review
- Article 31 Repeals
- Article 32 Amendment to Directive 93/13/EEC
- ‘Article 8a
- Article 33 Amendment to Directive 1999/44/EC
- ‘Article 8a Reporting requirements
- Article 34 Entry into force
- Article 35 Addressees
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- 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.
- which 12
- supply 10
- goods 8
- withdrawal 6
- trader 5
- services 5
- after 5
- right 5
- delivery 4
- sealed 4
- performance 3
- consumer 3
- contracts 3
- been 3
- consumer’s 3
- purpose 2
- price 2
- dependent 2
- fluctuations 2
- market 2
- cannot 2
- period 2
- requested 2
- carrying 2
- were 2
- visit 2
- unsealed 2
- than 2
- provides 2
- such 2
- maintenance 2
- repairs 2
- specifically 2
- controlled 2
- contract 2
- express 2
- fully 2
- performed 2
- begun 2
- prior 2
- shall 2
- consent 2
- from 2
- addition 1
- making 1
- used 1
- necessarily 1
- apply 1
- parts 1
- replacement 1
Article 16
Exceptions from the right of withdrawal
Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance and off-premises_contracts as regards the following:
(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. |
CHAPTER IV
OTHER CONSUMER RIGHTS
whereas