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. 2 . 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.
- trader 18
- means 16
- consumer 15
- goods 11
- which 11
- contract 8
- services 6
- person 5
- concluded 5
- basis 4
- directive 4
- undertakes 4
- information 3
- between 3
- made 3
- through 3
- including 3
- time 3
- presence 3
- under 3
- business_premises 3
- service 3
- physical 3
- simultaneous 3
- distance 3
- purposes 3
- acting 3
- price 3
- supplied 2
- they 2
- guarantee 2
- sale 2
- thereof 2
- definitions 2
- communication 2
- attend 2
- organised 2
- pays 2
- conformity 2
- place 2
- profession 2
- carries 2
- premises 2
- business 2
- covered 2
- contracts 2
- natural 2
- legal 2
- craft 2
- relating 2
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:
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(9) | ‘ business_premises’ means:
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(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. |
whereas