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 cercato: 'service contract' . 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 166
- point 58
- goods 50
- consumer 49
- which 49
- trader 42
- contract 35
- means 33
- withdrawal 28
- oj 21
- from 21
- supply 19
- services 19
- than 17
- third 16
- shall 15
- case 14
- contracts 14
- physical 14
- period 14
- directive 14
- service 13
- indent 13
- right 12
- party 12
- have 11
- will 11
- person 11
- concluded 11
- delivery 11
- acquires 10
- after 10
- insert 10
- time 9
- sale 9
- supplied 9
- information 9
- conclusion 8
- days 8
- price 8
- they 8
- undertakes 8
- basis 8
- distance 8
- possession 8
- between 8
- without 8
- carrier 8
- indicated 8
- electricity 7
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:
|
(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. |
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:
|
(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. |
Article 9
Right of withdrawal
1. Save where the exceptions provided for in Article 16 apply, the consumer shall have a period of 14 days to withdraw from a distance or off-premises_contract, without giving any reason, and without incurring any costs other than those provided for in Article 13(2) and Article 14.
2. Without prejudice to Article 10, the withdrawal period referred to in paragraph 1 of this Article shall expire after 14 days from:
(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. |
3. The Member States shall not prohibit the contracting parties from performing their contractual obligations during the withdrawal period. Nevertheless, in the case of off-premises_contracts, Member States may maintain existing national legislation prohibiting the trader from collecting the payment from the consumer during the given period after the conclusion of the contract.
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
Article 17
Scope
1. Articles 18 and 20 shall apply to sales_contracts. Those Articles shall not 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 the supply of digital_content which is not supplied on a tangible medium.
2. Articles 19, 21 and 22 shall apply to sales and service contracts and to contracts for the supply of water, gas, electricity, district heating or digital_content.
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