17 Amendments of Werner LANGEN related to 2008/0196(COD)
Amendment 284 #
Proposal for a directive
Recital 16
Recital 16
(16) The definition of durable medium should include all statements made in writing, in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or a pdf file is stored. Any communication by electronic means which provides a durable record in a durable medium is equivalent to "writing".
Amendment 393 #
Proposal for a directive
Recital 60
Recital 60
(60) The European Commission, following consultation with the Member States and interested parties, will look into the most appropriate way to ensure that all consumers are made aware of their rights at the point of sale.
Amendment 452 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'means of distance communication' means any means which, without the simultaneous physical presence of the trader and the consumer, may be used forin the context of the conclusion of a contract between those parties;
Amendment 498 #
Proposal for a directive
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘goods made to the consumer's specifications or clearly personalised’ means any non-prefabricated goods production of which is completed on the basis of an individual choice or decision by the customer on, for example, colour, size, material or finish, which, because they are made to consumer’s wishes in these respects, are unsaleable or saleable only at an unreasonable discount, and which the trader has clearer identified to the consumer as customised goods.
Amendment 597 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, and performance and the complaint handling policy, if they depart from the requirements of professional diligence;
Amendment 688 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective and proportionate contract law remedies for any breach of Article 5.
Amendment 721 #
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 785 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If the trader makes a telephone call to the consumercontacts the consumer via a long-distance communication medium with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of theeach conversation with the consumer.
Amendment 897 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumerthe consumer for all costs for which he is entitled to a refund within thirty days from the day on which he receives the communication of withdrawal, with the exception of those sales contracts in which the trader, pursuant to Paragraph 1a and Article 17 is not required to make the reimbursement until he has received or collected the goods back.
Amendment 909 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. For sales contracts for which the material possession of the goods has been transferred to the consumer or, at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within fourteen days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself. The consumer shall only be charged for the direct cost of returning the goods and for any delivery charges to which the consumer has agreed and which arise from the consumer's desire for non- standard delivery of the items, unless the trader has agreed to bear that cost.
Amendment 910 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 927 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 a (new)
Article 17 – paragraph 1 – subparagraph 1 a (new)
During the withdrawal period the consumer who may possibly wish to exercise his right to withdraw shall have a duty of care in respect of the good. In this case, the consumer should only handle or try it in the same manner as he would be allowed to do in a shop and only to the extent necessary to determine its nature, qualities and functioning.
Amendment 934 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal periodfailure on his part to fulfil the obligations set out in Article 17(1a).
Amendment 943 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The consumer shall not be liable for any diminished value of the goods where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b).
Amendment 944 #
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
Amendment 1026 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The parties may agree not to apply paragraphs 1 and 2.In respect of distance and off-premises contracts, the right of withdrawal shall not apply as regards the following: (a) contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household, selected in advance by the consumer by means of distance communication and physically supplied to the consumer's home, residence or workplace by the trader who usually sells such goods on his own business premises; (b) the supply of goods which because of their nature cannot be resold, inter alia on grounds of hygiene or public health, which have been supplied in sealed, transparent packaging and whose packaging or seal has already been opened by the consumer after he or she has been previously informed that the goods may not be returned if the seal has been broken;
Amendment 1027 #
Proposal for a directive
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. The parties may agree not to apply paragraphs 1, 2 and 3.