24 Amendments of Josef WEIDENHOLZER related to 2011/0284(COD)
Amendment 363 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural or legal person who is actingperson or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other natural or legal person acting in his name or on his behalf, for purposes relating to that person’his trade, business, craft, or profession in relation to contracts;
Amendment 366 #
Proposal for a regulation
Article 2 – paragraph 1 – point q – point i
Article 2 – paragraph 1 – point q – point i
(i) concluded in the simultaneous physical presence of the trader or, where the trader is a legal person, the natural person representing the trader and the consumer in a place which is not the trader's business premises, or concluded on the basis of an offer made by the consumer in the same circumstances; or
Amendment 367 #
Proposal for a regulation
Article 2 – paragraph 1 – point q – point ii
Article 2 – paragraph 1 – point q – point ii
(ii) concluded on the trader's business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the trader's business premises of the trader in the simultaneous physical presence of the trader or, where the trader is a legal person, a natural person representing the trader and the consumer; or
Amendment 368 #
Proposal for a regulation
Article 2 – paragraph 1 – point q – point iii
Article 2 – paragraph 1 – point q – point iii
(iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or effect of promoting and selling goods or supplying digital content or related services to the consumer;
Amendment 380 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Agreements which go beyond the scope of the Common European Sales Law shall be invalid.
Amendment 382 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. When an agreement is made to use the Common European Sales Law the trader shall provide the consumer with the standard information notice on a durable medium.
Amendment 413 #
Proposal for a regulation
Annex 1 – Article 34 – paragraph 2 a (new)
Annex 1 – Article 34 – paragraph 2 a (new)
2a. The keeping, use or consumption of a good, digital content or related services unsolicitedly supplied to a consumer shall not constitute acceptance. In such cases, the consumer shall be exempted from the obligation to provide any consideration and restitution shall not be mandatory.
Amendment 414 #
Proposal for a regulation
Annex 1 – Article 38 – paragraph 3 a (new)
Annex 1 – Article 38 – paragraph 3 a (new)
3a. In relations between a trader and a consumer, a reply by the offeree which states or implies different contract terms is at all events a rejection and a new offer.
Amendment 430 #
Proposal for a regulation
Annex 1 – Article 52 – paragraph 2 a (new)
Annex 1 – Article 52 – paragraph 2 a (new)
2a. For consumer transactions, notice of avoidance within a specified period is not necessary in order to avoid a contract on the basis of a mistake, fraud, threats or unfair exploitation.
Amendment 431 #
Proposal for a regulation
Annex 1 – Article 61 – paragraph 1 a (new)
Annex 1 – Article 61 – paragraph 1 a (new)
In relations between a trader and a consumer, in this instance the authoritative language version is the version in the consumer’s national language.
Amendment 434 #
Proposal for a regulation
Annex 1 – Article 69 – paragraph 1
Annex 1 – Article 69 – paragraph 1
1. Where the trader makes a statement before the contract is concluded, either to the other party or publicly, about the characteristics of what is to be supplied by that trader under the contract, the statement is incorporated as a term of the contract unless the trader shows that:
Amendment 435 #
Proposal for a regulation
Annex 1 – Article 69 – paragraph 1 – point a
Annex 1 – Article 69 – paragraph 1 – point a
(a) the other party was aware, or could be expected tostatement haved been aware when the contract was concluded that the statement was incorrectcorrected by the time orf could not otherwise be relied on as such a term; ornclusion of the contract;
Amendment 436 #
Proposal for a regulation
Annex 1 – Article 69 – paragraph 1 – point b
Annex 1 – Article 69 – paragraph 1 – point b
(b) the other party’s decision to conclude the contractdecision to buy the goods could not have been influenced by the statement.
Amendment 437 #
Proposal for a regulation
Annex 1 – Article 69 – paragraph 3
Annex 1 – Article 69 – paragraph 3
3. Where the other party is a consumer then, for the purposes of paragraph 1, a public statement made by or on behalf of a producer or other person in earlier links of the chain of transactions leading to the contract is regarded as being made by the trader unless the trader shows that, at the time of conclusion of the contract, he did not know and could not be expected to have known of it.
Amendment 438 #
Proposal for a regulation
Annex 1 – Article 70 – paragraph 3 a (new)
Annex 1 – Article 70 – paragraph 3 a (new)
3a. In relations between a trader and a consumer, a contract term supplied by the trader is not binding if under the circumstances, in particular in view of the outward appearance of the contract and the unusual nature of the term, the consumer could not expect to encounter it, unless the trader has specifically drawn the consumer’s attention to that contract term.
Amendment 454 #
Proposal for a regulation
Annex 1 – Article 100 – point a
Annex 1 – Article 100 – point a
(a) be fit for any particular purpose made known to the seller at the time of the conclusion of the contract, except where the circumstancesseller shows that the buyer did not rely, or that it was unreasonable for the buyer to rely, on the seller’s skill and judgementprovided corrected fitness-for-purpose information;
Amendment 460 #
Proposal for a regulation
Annex 1 – Article 105 – paragraph 2
Annex 1 – Article 105 – paragraph 2
2. In a consumer sales contract or digital services contract, any lack of conformity which becomes apparent within six monthsone year of the time when risk passes to the buyer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity.
Amendment 480 #
Proposal for a regulation
Annex 1 – Article 113 – paragraph 3 a (new)
Annex 1 – Article 113 – paragraph 3 a (new)
Amendment 493 #
Proposal for a regulation
Annex 1 – Article 152 – paragraph 2 a (new)
Annex 1 – Article 152 – paragraph 2 a (new)
2a. In the case of a consumer contract, the level of costs indicated for the related service shall be binding, unless explicitly stated otherwise. The binding figure indicated for such costs may not be exceeded.
Amendment 494 #
Proposal for a regulation
Annex 1 – Article 155 – paragraph 2
Annex 1 – Article 155 – paragraph 2
2. Without prejudice to paragraph 3, the customer's remedies are subject to a right of the service provider to cure whether or not the customer is a consumer.
Amendment 495 #
Proposal for a regulation
Annex 1 – Article 155 – paragraph 3
Annex 1 – Article 155 – paragraph 3
3. In the case of incorrect installation under a consumer sales contract as referred to in Article 101a contract for related services the consumer's remedies are not subject to a right of the service provider to cure.
Amendment 496 #
Proposal for a regulation
Annex 1 – Article 155 – paragraph 5
Annex 1 – Article 155 – paragraph 5
Amendment 497 #
Proposal for a regulation
Annex 1 – Article 155 – paragraph 5
Annex 1 – Article 155 – paragraph 5
Amendment 503 #
Proposal for a regulation
Annex 1 – Article 179 – paragraph 1
Annex 1 – Article 179 – paragraph 1
1. The short period of prescription is twohree years.