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. 8 . 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.
- shall 24
- information 15
- consumer 15
- article 14
- trader 13
- commission 8
- referred 7
- provided 7
- contract 7
- member 6
- order 6
- paragraph 6
- the 5
- means 5
- distance_contract 5
- states 5
- durable_medium 4
- where 4
- placing 4
- obligation 4
- concluded 4
- accordance 4
- conclusion 4
- provide 4
- prior 3
- confirmation 3
- identity 3
- easily 3
- time 3
- make 3
- provisions 3
- ensure 3
- requirements 3
- which 3
- call 3
- such 2
- withdrawal 2
- applicable 2
- price 2
- makes 2
- prejudice 2
- pre-contractual 2
- goods 2
- particular 2
- services 2
- duration 2
- formal 2
- ‘article 2
- offer 2
- consumers 2
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 8a
1. Where a Member State adopts provisions in accordance with Article 8, it shall inform the Commission thereof, as well as of any subsequent changes, in particular where those provisions:
— | extend the unfairness assessment to individually negotiated contractual terms or to the adequacy of the price or remuneration; or, |
— | contain lists of contractual terms which shall be considered as unfair, |
2. The Commission shall ensure that the information referred to in paragraph 1 is easily accessible to consumers and traders, inter alia, on a dedicated website.
3. The Commission shall forward the information referred to in paragraph 1 to the other Member States and the European Parliament. The Commission shall consult stakeholders on that information.’
‘Article 8a
Reporting requirements
1. Where, in accordance with Article 8(2), a Member State adopts more stringent consumer protection provisions than those provided for in Article 5(1) to (3) and in Article 7(1), it shall inform the Commission thereof, as well as of any subsequent changes.
2. The Commission shall ensure that the information referred to in paragraph 1 is easily accessible to consumers and traders, inter alia, on a dedicated website.
3. The Commission shall forward the information referred to in paragraph 1 to the other Member States and the European Parliament. The Commission shall consult stakeholders on that information.’
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