Activities of Hans-Peter MAYER related to 2011/0284(COD)
Plenary speeches (1)
Common European sales law (debate)
Amendments (179)
Amendment 27 #
Proposal for a regulation
Recital 11
Recital 11
(11) The Common European Sales Law should comprise of a complete set of fully harmonised mandatory consumer protection rules. In line with Article 114(3) of the Treaty, those rules should guarantee a high level of consumer protection, in particular, with a view to enhancing consumer confidence in the Common European Sales Law and thus, in so doing, provide consumers with an incentive to enter into cross-border contracts on that basis. The rules should maintain or improve the level of protection that consumers enjoy under Union consumer law.
Amendment 38 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Common European Sales Law should not cover any related contracts by which the buyer acquires goods or is supplied with a service, from a third party. This would not be appropriate because the third party is not part of the agreement between the contracting parties to use the rules of the Common European Sales Law. A related contract with a third party should be governed by the respective national law which is applicable according pursuant to Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule. Where a consumer exercises the right of withdrawal from a contract to which the Common European Sales Law applies, ancillary contracts under Article 46(1), first sentence, should also be terminated, regardless of whether or not the Common European Sales Law applies to them.
Amendment 63 #
Proposal for a regulation
Article 2 – point h a (new)
Article 2 – point h a (new)
(ha) ‘main characteristics’ of goods, digital content or related services means those characteristics which are essential for proper functioning in conformity with the contract, which the customer evidently regarded as particularly important when the contract was concluded, and which led to conclusion of the contract;
Amendment 64 #
Proposal for a regulation
Article 2 – point j – introductory part
Article 2 – point j – introductory part
Amendment 68 #
Proposal for a regulation
Article 2 – point k
Article 2 – point k
(k) ‘sales contract’ means any contract under which the trader ('the seller') transfers or undertakes to transfer the ownership of the goods to another person ('the buyer'), and the buyer pays or undertakes to pay the price thereof; it includes a contract for the supply of goods to be manufactured or produced and excludes contracts for sale on execution or otherwise involving the exercise of public authority; for the purposes of this Regulation, a contract providing digital content shall be considered a sales contract;
Amendment 69 #
Proposal for a regulation
Article 2 – point m – introductory part
Article 2 – point m – introductory part
(m) ‘related service’ means any service related to goods or digital content, such as installation, maintenance, repair or any other processing, provided by the seller of the goods or the supplier of the digital content under the sales contract, the contract for the supply of digital content or a separate related service contract which was concluded at the same time as, or in connection with, the sales contract or the contract for the supply of digital content; it excludes:
Amendment 71 #
Proposal for a regulation
Article 2 – point n
Article 2 – point n
Amendment 73 #
Proposal for a regulation
Article 2 – point o
Article 2 – point o
Amendment 75 #
Proposal for a regulation
Article 2 – point p
Article 2 – point p
(p) ‘distance contract’ means any contract concluded between the trader and the consumer under an organised distance sales scheme concludedor service-provision scheme without the simultaneous physical presence of the trader or, in case the trader is a legal person, a natural person representing 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;
Amendment 76 #
Proposal for a regulation
Article 2 – point p a (new)
Article 2 – point p a (new)
(pa) ‘means of distance communication’ means any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties, e.g. e-mail, fax, telephone, letter and catalogue;
Amendment 79 #
Proposal for a regulation
Article 2 – point q – point i – introductory part
Article 2 – point q – point i – introductory part
Amendment 80 #
Proposal for a regulation
Article 2 – point q – point i a (new)
Article 2 – point q – point i a (new)
(ia) concluded on the basis of an offer made by the consumer in the circumstances referred to in point (i); or
Amendment 83 #
Proposal for a regulation
Article 2 – point q – point iii
Article 2 – 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 and concluding the corresponding contracts with the consumer;
Amendment 85 #
Proposal for a regulation
Article 2 – point r a (new)
Article 2 – point r a (new)
(ra) ‘ancillary contract’ means a contract by which a consumer acquires goods, digital content or related services in connection with a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader;
Amendment 86 #
Proposal for a regulation
Article 2 – point r – point i
Article 2 – point r – point i
(i) any immovable retail premises where a trader carries out activity on a permanent basis, orDoes not affect English version.)
Amendment 87 #
Proposal for a regulation
Article 2 – point r – point ii
Article 2 – point r – point ii
(ii) any movable retail premises where a trader carries out activity on a usual basis;Does not affect English version.)
Amendment 88 #
Proposal for a regulation
Article 2 – point u
Article 2 – point u
(u) ‘public auction’ means a method of sale where goods or, digital content, or services are offered by the trader to the consumers, who attends or isare 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, digital content, or services;
Amendment 92 #
Proposal for a regulation
Article 2 – point y a (new)
Article 2 – point y a (new)
(ya) ‘excused action or omission’ means an action or omission objectively not attributable to the person acting or omitting to act.
Amendment 96 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) contracts for the supply of digital content whether or not supplied on a tangible medium which can be stored, processed or accessed, and re-used by the usbuyer, irrespective of whether the digital content is supplied in exchange for the payment of a price.
Amendment 98 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Common European Sales Law may not be used for contracts between a trader and a consumer where the trader grants or promises to grant to the consumer credit for a consideration in the form of a deferred payment, loan or other similar financial accommodation. The Common European Sales Law may be used for contracts between a trader and a consumer where goods, digital content or related services of the same kind are supplied on a continuing basis and the consumer pays for such goods, digital content or related services for the duration of the supply by means of instalments.
Amendment 100 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Common European Sales Law may be used only if the seller of goods or the supplier of digital content is a trader. Where all the parties to a contract are traders, the Common European Sales Law may be used if at least one of those parties is a small or medium- sized enterprise (‘SME’).
Amendment 102 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The use of the Common European Sales Law requires an agreement of the parties to that effect. The existence of such an agreement and its validity shall be determined on the basis of paragraphs 2 and 3 of this Article and Article 9, as well as the relevant provisions inpresupposes communication of information in accordance with Article 9 of the Common European Sales Law.
Amendment 103 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Once entered into, an agreement on the use of the Common European Sales Law cannot be waived, unless both parties expressly consent to this.
Amendment 107 #
Proposal for a regulation
Article 12
Article 12
Amendment 121 #
Proposal for a regulation
Annex I – Article 13 – paragraph 1 – introductory part
Annex I – Article 13 – paragraph 1 – introductory part
1. ABefore the contract is concluded or the consumer is bound by any offer, a trader concluding a distance contract or off- premises contract has a duty to provide the following information to the consumer, in a clear and comprehensible manner before the contract is concluded or the consumer is bound by any offer:
Amendment 122 #
Proposal for a regulation
Annex I – Article 13 – paragraph 1– point f
Annex I – Article 13 – paragraph 1– point f
(f) where applicable, the existence and the conditions of the trader’s after-sale services, commercial guarantees and complaints handling policy;
Amendment 123 #
Proposal for a regulation
Annex I – Article 13 – paragraph 1 – point h
Annex I – Article 13 – paragraph 1 – point h
(h) where applicable, the functionality (if any), including applicable technical protection measures, of digital content; and
Amendment 124 #
Proposal for a regulation
Annex I – Article 13 – paragraph 1 – point i
Annex I – Article 13 – paragraph 1 – point i
(i) where applicable, any relevantany interoperability of digital content with hardware and software which the trader is aware of or can be expected to have been aware of.
Amendment 125 #
Proposal for a regulation
Annex I – Article 13 – paragraph 2
Annex I – Article 13 – paragraph 2
2. The information provided, except for the addresses required by point (c) of paragraph 1Where a contract is concluded, the information provided in accordance with Article 13(1), except for point (c), forms an integral part of the contract and shall not be altered unless the parties expressly agree otherwise.
Amendment 126 #
Proposal for a regulation
Annex I – Article 13 – paragraph 5 – point c
Annex I – Article 13 – paragraph 5 – point c
(c) an off-premises contract if the price or, where multiple contracts were concluded at the same time, the total price of the contracts does not exceed EUR 520 or the equivalent sum in the currency agreed for the contract price.
Amendment 127 #
Proposal for a regulation
Annex I – Article 17 – paragraph 2
Annex I – Article 17 – paragraph 2
2. Where applicable, the information to be provided under point (e) of Article 13(1) must include the fact that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, that the consumer will have to bear the cost of returning the goods in the event of withdrawal even if the goods by their nature cannot be normally returned by post.
Amendment 128 #
Proposal for a regulation
Annex I – Article 23 – paragraph 1
Annex I – Article 23 – paragraph 1
1. Before the conclusion of a contract for the sale of goods, supply ofr digital content or provision of related services by a trader to another trader, the supplieller has a duty to disclose by any appropriate means to the other trader any information concerning the main characteristics of the goods, digital content or related services to be supplied which the supplieller has or can be expected to have and which it would be contrary to good faith and fair dealing not to disclose to the other party.
Amendment 129 #
Proposal for a regulation
Annex I – Article 23 – paragraph 2 – introductory part
Annex I – Article 23 – paragraph 2 – introductory part
2. In determining whether paragraph 1 requires the supplieller to disclose any information, regard is to be had to all the circumstances, including:
Amendment 130 #
Proposal for a regulation
Annex I – Article 23 – paragraph 2 – point a
Annex I – Article 23 – paragraph 2 – point a
(a) whether the supplieller had special expertise;
Amendment 131 #
Proposal for a regulation
Annex I – Article 23 – paragraph 2 – point b
Annex I – Article 23 – paragraph 2 – point b
(b) the cost to the supplieller of acquiring the relevant information;
Amendment 132 #
Proposal for a regulation
Annex I – Article 24 – paragraph 3 – point d
Annex I – Article 24 – paragraph 3 – point d
(d) the languages offered for the conclusion of the contract and any subsequent communication;
Amendment 133 #
Proposal for a regulation
Annex I – Article 24 – paragraph 3 – point e
Annex I – Article 24 – paragraph 3 – point e
(e) the contract terms, as referred to in Article 16.
Amendment 134 #
Proposal for a regulation
Annex I –Article 28 – paragraph 2
Annex I –Article 28 – paragraph 2
2. A party to whom incorrect or misleading information has been supplied in an unexcused breach of the duty referred to in paragraph 1, and who reasonably relies on that information in concluding a contract with the party who supplied it, has the remedies set out in Article 29, subject to the additional conditions referred to therein.
Amendment 135 #
Proposal for a regulation
Annex I – Article 29 – paragraph 1
Annex I – Article 29 – paragraph 1
1. A party which has, without an excuse, failed to comply with any duty imposed by this Chapter is liable for anythe loss caused to the other party by such failure, in accordance with Chapter 16, Section 1. The burden of proof regarding the loss shall rest with the other party.
Amendment 136 #
Proposal for a regulation
Annex I – Article 40 – paragraph 1 – point b
Annex I – Article 40 – paragraph 1 – point b
(b) an off-premises contract, provided that the price or, where multiple contracts were concluded at the same time, the total price of the contracts exceeds EUR 520 or the equivalent sum in the currency agreed for the contract price at the time of the conclusion of the contract.
Amendment 137 #
Proposal for a regulation
Annex I – Article 40 – paragraph 3 – point e a (new)
Annex I – Article 40 – paragraph 3 – point e a (new)
(ea) where contracts are established, in accordance with the laws of Member States, by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that a consumer concludes a contract only on the basis of careful legal consideration and with knowledge of its legal scope;
Amendment 138 #
Proposal for a regulation
Annex I – Article 41 – paragraph 3
Annex I – Article 41 – paragraph 3
3. Where the trader gives the consumer the option to withdraw electronically on its trading website, and the consumer does so, the trader has a duty to communicate to the consumer an acknowledgement of receipt of such a withdrawal on a durable medium without delay. TIf the trader is liable for any loss caused to the other party by a breach of this dutybreaches this duty, it is liable for the resulting loss to the other party, in accordance with Chapter 16, Section 1.
Amendment 139 #
Proposal for a regulation
Annex I – Article 42 – paragraph 1 – point a
Annex I – Article 42 – paragraph 1 – point a
(a) the day on which the consumer or a third party designated by the consumer has taken delivery of the goods in the case of a sales contract, including a sales contract under which the seller also agrees to provide related services;
Amendment 140 #
Proposal for a regulation
Annex I – Article 43 – paragraph 1 a (new)
Annex I – Article 43 – paragraph 1 a (new)
1a. Chapter 17 shall apply.
Amendment 141 #
Proposal for a regulation
Annex 1 – Article 45 – paragraph 2
Annex 1 – Article 45 – paragraph 2
2. The consumer must bear the direct costs of returning the goods, unless the trader has agreed to bear those costs or the trader failed to inform the consumer before the contract was concluded that the consumer has to bear them in the event of withdrawal.
Amendment 142 #
Proposal for a regulation
Annex I – Article 45 – paragraph 3
Annex I – Article 45 – paragraph 3
3. The consumer is liable, in accordance with Article 173, for any diminished value of the goods only where thatin the event of their deterioration or destruction or if he has already sold, altered, or consumed them. He is not liable, however, where diminished value results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer is not liable for diminished value where the trader has not provided all the information about the right to withdraw in accordance with Article 17(1).
Amendment 143 #
Proposal for a regulation
Annex I – Article 45 – paragraph 5
Annex I – Article 45 – paragraph 5
5. Where the consumer exercises the right of withdrawal after having made an express request for the provision of related services to begin during the withdrawal period, the consumer must pay to the trader an amount which is in proportion to what has been provided before the consumer exercised the right of withdrawal, in comparison with the full coverage of the contract. The proportionate amount to be paid by the consumer to the trader must be calculated on the basis of the total price agreed in the contract. Where the total price is excessive, the proportionate amount must be calculated on the basis of the market value of what has been provided.
Amendment 144 #
Proposal for a regulation
Annex I – Article 46 – paragraph 1
Annex I – Article 46 – paragraph 1
1. Where a consumer exercises the right of withdrawal from a distance or an off- premises contract in accordance with Articles 41 to 45, any ancillary contracts are automatically terminated at no cost to the consumer except as provided in paragraphs 2 and 3. For the purpose of this Article an ancillary contract means a contract by which a consumer acquires goods, digital content or related services in connexion to a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
Amendment 146 #
Proposal for a regulation
Annex 1 – Article 64 – paragraph 2 a (new)
Annex 1 – Article 64 – paragraph 2 a (new)
2a. Where there is doubt, the interpretation in favour of consumers under Article 64(1) shall prevail over the general interpretation under Articles 58, 59, 60 and 61, through which the contents of the contract are identified, and the interpretation based on effect under Article 63.
Amendment 147 #
Proposal for a regulation
Annex 1 – Article 67 – paragraph 2
Annex 1 – Article 67 – paragraph 2
Amendment 148 #
Proposal for a regulation
Annex 1 – Article 68 – introductory part
Annex 1 – Article 68 – introductory part
1. Where it is necessary to provide for a matter which is not explicitly regulated by the agreement of the parties, any usage orand practice within the meaning of Article 67 or any rule of the Common European Sales Law, an additional supplementary contract term may be implied, having regard in particular to. Particular account shall be taken of:
Amendment 149 #
Proposal for a regulation
Annex 1 – Article 69 – paragraph 1– introductory part
Annex 1 – Article 69 – paragraph 1– introductory part
1. Where the trader publicly 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:
Amendment 150 #
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 within the meaning of paragraph 2 in earlier links of the chain of transactions leading to the contract is regarded as being made by the trader unless the trader, at the time of conclusion of the contract, did not know and could not be expected to have known of it.
Amendment 151 #
Proposal for a regulation
Annex 1 – Article 70 – paragraph 2
Annex 1 – Article 70 – paragraph 2
Amendment 152 #
Proposal for a regulation
Annex 1 – Article 70 – paragraph 2 a (new)
Annex 1 – Article 70 – paragraph 2 a (new)
2a. A party shall be considered to have taken the reasonable steps referred to in paragraph 1 if, when the contract was concluded, it has: (a) referred the other party to them explicitly or, where explicit reference, due to the way in which the contract is concluded, is possible only with disproportionate difficulty, by posting a clearly visible notice at the place where the contract is concluded, and (b) given the other party the opportunity to take note of their contents in an acceptable manner, and if the other party explicitly agrees to their application.
Amendment 153 #
Proposal for a regulation
Annex 1 – Article 71 – paragraph 1
Annex 1 – Article 71 – paragraph 1
1. In a contract between a trader and a consumer, a contract term which obliges the consumer to make any payment in addition to the remuneration stated for the trader’s main contractual obligation, in particular where it has been incorporated by the use of default option does not form part of the contract. This also applies whichere the consumer is required to reject in order to avoid the additional payment, is not binding on the consumer unless, before the consumer is bound by the contract, the consumer has expressly consented to the additional payment. If the consumer has made the additional payment, the consumer may recover ittrader is obliged to make an additional performance that is to be remunerated in this way. If, before the consumer is bound by the contract, the consumer has expressly consented to the inclusion of this contract term, the consumer is obliged to make the additional payment. The fact that the consumer has not expressly rejected the contract term is not taken to mean consent. If the consumer has made the additional payment, the consumer may recover it. The seller shall take back the item delivered pursuant to the contract term at the seller's expense. The right to receive payment for any use made is excluded.
Amendment 154 #
Proposal for a regulation
Annex 1 – Article 76
Annex 1 – Article 76
1. Where the language to be used for communications relating to the contract or the rights or obligations arising from it cannot be otherwise determined, the language to be used is that used for the conclusion of the contract. 2. Where the parties used two different languages for the conclusion of the contract, preference shall be given to the main language used. The only exception will be where one of the parties is a consumer. In this case, preference will be given to the language of the consumer.
Amendment 155 #
Proposal for a regulation
Annex 1 – Article 77 – paragraph 1
Annex 1 – Article 77 – paragraph 1
1. Where, in a case involving continuous or repeated performance of a contractual obligation, the contract terms do not stipulate when the contractual relationship is to end or provide for it to be terminated upon giving notice to that effect, it may be terminated by either party by giving a reasonable period of noat any ticme not exceedby giving two months' notice.
Amendment 157 #
Proposal for a regulation
Annex 1 – Article 88 – paragraph 1
Annex 1 – Article 88 – paragraph 1
1. A party’s non-performance of an obligation is excused if it is due to an impediment beyond that party’s control and if that party could not be expected to have taken the impediment into account at the time of the conclusion of the contract, or to have avoided or overcome the impediment or its consequencescannot objectively be attributed to the party.
Amendment 159 #
Proposal for a regulation
Annex 1 – Article 91 – introductory part
Annex 1 – Article 91 – introductory part
The seller of goods or the supplier of digital content (in this part referred to as 'the seller') must:
Amendment 161 #
Proposal for a regulation
Annex 1 – Article 92 – paragraph 3
Annex 1 – Article 92 – paragraph 3
3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph (2)2 or derogate from or vary its effects unless the consumer expressly consents to this.
Amendment 163 #
Proposal for a regulation
Annex 1 – Article 93 – paragraph 1 – point a
Annex 1 – Article 93 – paragraph 1 – point a
(a) in the case of a consumer sales contract or a contract for the supply of digital content which is a distance or off-premises contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer’s place of residence at the time of the conclusion of the contract or the place indicated by the consumer;
Amendment 164 #
Proposal for a regulation
Annex 1 – Article 93 – paragraph 1 – point b – point i
Annex 1 – Article 93 – paragraph 1 – point b – point i
i) where the contract of sale involves carriage of the goods by a carrier or series of carriers, the nearest collection point ofplace where the goods are handed over to the first carrier;
Amendment 166 #
Proposal for a regulation
Annex 1 – Article 94 – paragraph 1 – point b
Annex 1 – Article 94 – paragraph 1 – point b
(b) in other cases in which the contract involves carriage of the goods by a carrier or a series of carriers, by handing over the goods to the first carrier for transmission to the buyer and by handing over to the buyer any document necessary to enable the buyer to take over the goods from the carrier holding the goods; or
Amendment 168 #
Proposal for a regulation
Annex 1 – Article 95 – paragraph 2
Annex 1 – Article 95 – paragraph 2
2. In contracts between a trader and a consumer, unless agreed otherwise by the parties, the trader must deliver the goods or the digital content without delay, and at all events not later than 30 days from the conclusion of the contract.
Amendment 171 #
Proposal for a regulation
Annex 1 – Article 97 – paragraph 1 a (new)
Annex 1 – Article 97 – paragraph 1 a (new)
1a. Articles 93 to 97 shall apply mutatis mutandis to repayment of the performance made after avoidance and termination of the contract.
Amendment 175 #
Proposal for a regulation
Annex 1 – Article 99 – paragraph 3
Annex 1 – Article 99 – paragraph 3
Amendment 178 #
Proposal for a regulation
Annex 1 – Article 99 – paragraph 4
Annex 1 – Article 99 – paragraph 4
Amendment 179 #
Proposal for a regulation
Annex 1 – Article 100 – introductory part
Annex 1 – Article 100 – introductory part
Amendment 180 #
Proposal for a regulation
Annex 1 – Article 100 – point c
Annex 1 – Article 100 – point c
c) possess the qualities of goods or digital content which the seller held out to the buyer as a sample or model;
Amendment 181 #
Proposal for a regulation
Annex 1 – Article 100 – point e
Annex 1 – Article 100 – point e
e) be supplied along with such accessories, installation instructions orand other instructions as the buyer may expect to receive;
Amendment 182 #
Proposal for a regulation
Annex 1 – Article 100 – point f
Annex 1 – Article 100 – point f
f) possess the qualities and performance capabilities indicated in any pre- contractual statement which forms part of the contract terms by virtue of Article 69; and
Amendment 184 #
Proposal for a regulation
Annex 1 – Article 100 – point g
Annex 1 – Article 100 – point g
g) possess such qualities and performance capabilities as the buyer may reasonably expect. When determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price.
Amendment 188 #
Proposal for a regulation
Annex 1 – Article 102 – paragraph 1
Annex 1 – Article 102 – paragraph 1
1. The goods must be free from and the digital content must be cleared of any right or not obviously unfounded claim of a third party.
Amendment 191 #
Proposal for a regulation
Annex 1 – Article 104 – title
Annex 1 – Article 104 – title
Buyer’s knowledge of lack of conformity in a contract between tradersof the goods or digital content
Amendment 192 #
Proposal for a regulation
Annex 1 – Article 104
Annex 1 – Article 104
Amendment 195 #
Proposal for a regulation
Annex 1 – Article 105 – paragraph 3
Annex 1 – Article 105 – paragraph 3
3. In a case governed by point (a) of Article 101(1) any reference in paragraphs 1 or 2 of this Article to the time when risk passes to the buyer is to be read as a reference to the time when the installation is complete. In a case governed by point (b) of Article 101(1) it is to be read as a reference to the time when the consumer had or could have had reasonable time for the installation.
Amendment 208 #
Proposal for a regulation
Annex 1 – Article 106 – paragraph 3 – point a
Annex 1 – Article 106 – paragraph 3 – point a
(a) the buyer’s rights are not subject to cure by the sellerseller has no right to cure except in the case of contracts for the supply of digital content and the supply of goods which are made to the consumer’s specifications, or are clearly personalised; and
Amendment 214 #
Proposal for a regulation
Annex 1 – Article 107
Annex 1 – Article 107
Where digital content is not supplied in exchange for the payment of a price or any other consideration, the buyer may not resort to the remedies referred to in points (a) to (d) of Article 106(1) . The buyer may only claim damages under point (e) of Article 106 (1) for loss or damage caused to the buyer's property, including hardware, software and data, by the lack of conformity of the supplied digital content, except for any gain of which the buyer has been deprived by that damage.
Amendment 225 #
Proposal for a regulation
Annex 1 – Article 110
Annex 1 – Article 110
Amendment 227 #
Proposal for a regulation
Annex 1 – Article 111 – paragraph 2
Annex 1 – Article 111 – paragraph 2
2. If the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1, the consumer may resort to other remedies only if the trader has declined to carry out or has not completed repair or replacement within a reasonable time, not exceeding 30 days. However, the consumer may withhold performance during that time.
Amendment 231 #
Proposal for a regulation
Annex 1 – Article 112 – paragraph 2
Annex 1 – Article 112 – paragraph 2
2. The buyer is not liable to pay for any use made of the replaced item in the period prior to the replacement. He is liable vis-à- vis the seller, pursuant to Article 173, for the deterioration of the item, for the destruction of the item or if he has already sold, altered or consumed the item.
Amendment 233 #
Proposal for a regulation
Annex 1 – Article 113 – paragraph 2
Annex 1 – Article 113 – paragraph 2
2. A buyer who is to perform before the seller performs and who reasonably believes that there will be non-performance by the seller or non-performance by the due date when the seller’s performance becomes due may withhold performance for as long as the reasonable belief continues.
Amendment 234 #
Proposal for a regulation
Annex 1 – Article 113 – paragraph 3
Annex 1 – Article 113 – paragraph 3
3. The performance which may be withheld under this Article is the whole or part of the performance to the extent justified by the non-performance. Where the seller's obligations are to be performed in separate parts or are otherwise divisible, the buyer may withhold performance only in relaafter the time when payment is due withhold a reasonable portion tof that part which has not been performed, unless the seller's non- performance is such as to justify withholdingyment. As a rule, twice the payment due for the outstanding performance shall be regarded as a reasonable portion. He may, however, withhold performance completely if the buyseller'’s non-performance as a wholeso warrants.
Amendment 239 #
Proposal for a regulation
Annex 1 – Article 116 a (new)
Annex 1 – Article 116 a (new)
Article 116a Termination on the grounds of a lack of an offer to cure A buyer may terminate the contract if the seller does not make an offer to cure immediately after receiving the buyer's notification of non-conformity, in accordance with Article 109.
Amendment 243 #
Proposal for a regulation
Annex 1 – Article 119 – paragraph 1
Annex 1 – Article 119 – paragraph 1
1. The buyer loses the right to terminate under this Section if notice of termination is not given within a reasonable time30 days from when the right arose or the buyer became, or could be expected to have become, aware of the non-performance, whichever is later.
Amendment 245 #
Proposal for a regulation
Annex 1 – Article 120 – paragraph 1
Annex 1 – Article 120 – paragraph 1
1. A buyer who accepts a performance not conforming to the contract within the meaning of Article 87(1)(a) may reduce the price. The reduction is to be proportionate to the decrease in the value of what was received in performance at the time performance was made compared to the value of what would have been received by a conforming performance.
Amendment 249 #
Proposal for a regulation
Annex 1 – Article 124 – paragraph 4
Annex 1 – Article 124 – paragraph 4
4. In a contract between a trader and a consumer, the consumer is not liable, in respect of the use of a given means of payment, for feeadditional costs that exceed the actual cost borne by the trader for the use of such means.
Amendment 250 #
Proposal for a regulation
Annex 1 – Article 129 a (new)
Annex 1 – Article 129 a (new)
Article 129a Application mutatis mutandis Articles 124 to 128 shall apply mutatis mutandis to repayment of the price after avoidance and termination of the contract.
Amendment 251 #
Proposal for a regulation
Annex 1 – Article 130 – paragraph 4
Annex 1 – Article 130 – paragraph 4
4. If the buyer knowingly retains the excess quantity it is treated as having been supplied under the contract and must be paid for at the contractual rate.
Amendment 252 #
Proposal for a regulation
Annex 1 – Article 130 – paragraph 5
Annex 1 – Article 130 – paragraph 5
5. In a consumer sales contract paragraph 4 does not apply if the buyer reasonably believes that the seller has delivered the excess quantity intentionally and without error, knowing that it had not been ordered. In such cases the seller shall immediately collect the excess quantity delivered from the buyer, who shall not incur any costs as a result.
Amendment 254 #
Proposal for a regulation
Annex 1 – Article 132 – paragraph 2
Annex 1 – Article 132 – paragraph 2
2. Where the buyer has not yet taken overaccepted the goods or the digital content and it is clear that the buyer will be unwilling to receive performance, the seller may nonetheless require the buyer to takeaccept delivery, and may recover the price, unless the seller could have made a reasonable substitute transaction without significant effort or expense.
Amendment 261 #
Proposal for a regulation
Annex 1 – Article 142 – paragraph 3
Annex 1 – Article 142 – paragraph 3
3. Except where the contract is a distance or off-premises contract, paragraphs 1 and 2 do not apply wWhere the consumer fails to perform the obligation to take over the goods or the digital content and the non-performance is not excused under Article 88. In this case, the risk passes at the time when the consumer, or the third party designated by the consumer, would have acquired the physical possession of the goods or obtained the control of the digital content if the obligation to take them over had been performed.
Amendment 270 #
Proposal for a regulation
Annex 1 – Article 147 – paragraph 2
Annex 1 – Article 147 – paragraph 2
2. Where a sales contract or a contract for the supply of digital content is terminated any related service contract is also terminated.
Amendment 271 #
Proposal for a regulation
Annex 1 – Chapter 15 – Section 2 – title
Annex 1 – Chapter 15 – Section 2 – title
Amendment 272 #
Proposal for a regulation
Annex 1 – Article 148 – paragraph 2
Annex 1 – Article 148 – paragraph 2
2. In the absence of any express or implied contractual obligation to achieve a specific result, the service provider must perform the related service with the care and skill which a reasonable service provider would exercise and in conformity with any statutory or other binding legal rules which are applicable to the related service.
Amendment 276 #
Proposal for a regulation
Annex 1 – Article 150 – paragraph 1
Annex 1 – Article 150 – paragraph 1
1. A service provider may entrust performance to another person, unless personal performance by the service provider is requiredDoes not affect the English version.
Amendment 279 #
Proposal for a regulation
Annex 1 – Article 150 – paragraph 3
Annex 1 – Article 150 – paragraph 3
3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph 2 or derogate from or vary its effects unless the consumer expressly consents to this.
Amendment 281 #
Proposal for a regulation
Annex 1 – Article 151
Annex 1 – Article 151
Where a separate price is payable for the related service, and the price is not a lump sum agreed at the time of conclusion of the contract, the service provider must provide the custombuyer with an invoice which explains, in a clear and intelligible way, how the price was calculated.
Amendment 289 #
Proposal for a regulation
Annex 1 – Article 155 – paragraph 1 – introductory part
Annex 1 – Article 155 – paragraph 1 – introductory part
1. In the case of non-performance of an obligation by the service providto provide services by the seller, the custombuyer has, with the adaptations set out in this Article, the same remedies as are provided for the buyer in Chapter 11, namely:
Amendment 308 #
Proposal for a regulation
Annex 1 – Chapter 16 – Section 2 a (new) – title
Annex 1 – Chapter 16 – Section 2 a (new) – title
Section 2a Late payments by consumers
Amendment 309 #
Proposal for a regulation
Annex 1 – Article 167 – paragraph 1
Annex 1 – Article 167 – paragraph 1
1. When the debtor is a consumer, the creditor shall be entitled to claim interest for delay in payment is due at the rate provided in Article 166 only when, unless non- performance is not excused.
Amendment 310 #
Proposal for a regulation
Annex 1 – Article 167 – paragraph 2
Annex 1 – Article 167 – paragraph 2
2. Interest does not start to run until 30 days after the creditor has given notice to the debtor specifying the obligation to pay interest and its rate. Notice may be given before the date when payment is due. Interest for delay in payment may be claimed only after it has become due.
Amendment 315 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 4
Annex 1 – Appendix 1 – paragraph 4
To exercise the right of withdrawal, you must inform us (2) of your decision to withdraw from this contract by a clearn 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. 3(3)
Amendment 316 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 5
Annex 1 – Appendix 1 – paragraph 5
Amendment 317 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 6
Annex 1 – Appendix 1 – paragraph 6
Amendment 318 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 7
Annex 1 – Appendix 1 – paragraph 7
If you withdraw from this contract, we wishall 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. 4(4)
Amendment 319 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point b
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point b
Amendment 320 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point c
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point c
Amendment 321 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point d
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point d
Amendment 322 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point e
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point e
Amendment 323 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 2
Annex 1 – Appendix 1 – paragraph 10 – point 2
Amendment 324 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 3
Annex 1 – Appendix 1 – paragraph 10 – point 3
3. If you give the option to the consumer to electronically fill in and submit information about his or her 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 clearunequivocal statement on our website [insert iInternet 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."
Amendment 325 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 4
Annex 1 – Appendix 1 – paragraph 10 – point 4
Amendment 326 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point a – indent 2
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point a – indent 2
Amendment 327 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 2
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 2
Amendment 328 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
– If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: "You will have to bear the direct cost of returning the goods, ___ EUR [insert the amount]."; or if the cost of returning the goods cannot reasonably be calculated in advance: "You will have to bear the direct cost of returning the goods. The cost is estimated ato a maximum of approximately ___ EUR [insert the amount]"; or
Amendment 329 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Amendment 330 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point c
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point c
Amendment 331 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 6
Annex 1 – Appendix 1 – paragraph 10 – point 6
6. In the case of a contract for the provision of related services, insert the following: "‘If you requested to begin the performance of related services 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."’.
Amendment 333 #
Proposal for a regulation
Annex 1 – Appendix 2– title
Annex 1 – Appendix 2– title
Amendment 335 #
Proposal for a regulation
Annex II – Title
Annex II – Title
Amendment 336 #
Proposal for a regulation
Annex II – paragraph 5
Annex II – paragraph 5
The trader has to give you the important informatcontractual provisions on the contractwhich you have agreed, for instance on the product and its price including all taxes and charges and his contact details. The information has to be more detailed when you buy something outside the trader's shop or if you do not meet the trader personally at all, for instance if you buy online or by telephone. You are entitled to damages if this information is incomplete or wrong.
Amendment 337 #
Proposal for a regulation
Annex II – paragraph 6
Annex II – paragraph 6
Amendment 338 #
Proposal for a regulation
Annex II – paragraph 10
Annex II – paragraph 10
This list of rights is only a summary and therefore not exhaustive, nor does it contain all details. You can consult the full text of the Common European Sales Law and further information here. Please read your contract carefully.
Amendment 343 #
Proposal for a regulation
Recital 8
Recital 8
(8) To overcome these contract-law-related barriers, parties to distance contracts should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all Member States, a Common Sales Law. The Common European Sales Law should represent an additional option increasing the choice available to parties in distance contracts and open to use whenever jointly considered to be helpful in order to facilitate cross-border trade and reduce transaction and opportunity costs as well as other contract-law-related obstacles to cross-border trade. It should become the basis of a contractual relationship only where parties jointly decide to use it.
Amendment 346 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation establishes a Common European Sales Law for distance contracts and thus for online contracts in particular. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contract.
Amendment 349 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Common European Sales Law should be available for cross-border contracts, because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships. This is true in particular in the area of distance selling, which has especially great potential. The cross-border nature of a contract should be assessed on the basis of the habitual residence of the parties in business-to- business contracts. In a business-to- consumer contract the cross- border requirement should be met where either the general address indicated by the consumer, the delivery address for the goods or the billing address indicated by the consumer are located in a Member State, but outside the State where the trader has its habitual residence.
Amendment 350 #
Proposal for a regulation
Recital 16
Recital 16
(16) TIn the field of distance selling the Common European Sales Law should be available in particular for the sale of movable goods, including the manufacture or production of such goods, as this is the economically single most important contract type which could present a particular potential for growth in cross- border trade, especially in e- commerce.
Amendment 354 #
Proposal for a regulation
Recital 23
Recital 23
(23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consentDoes not apply to English text. Linguistic correction to German original. See Ams. 333 and 335 in AM/928470.
Amendment 355 #
Proposal for a regulation
Recital 26
Recital 26
(26) The rules of the Common European Sales Law should cover the matters of contract law in the field of distance selling that are of practical relevance during the life cycle of the types of contracts falling within the material and personal scope, particularly those entered into online. Apart from the rights and obligations of the parties and the remedies for non- performance, the Common European Sales Law should therefore govern pre- contractual information duties, the conclusion of a contract including formal requirements, the right of withdrawal and its consequences, avoidance of the contract resulting from a mistake, fraud, threats or unfair exploitation and the consequences of such avoidance, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination and the prescription and preclusion of rights. It should settle the sanctions available in case of the breach of all the obligations and duties arising under its application.
Amendment 356 #
Proposal for a regulation
Recital 35
Recital 35
(35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope of the regulation beyond the sphere of distance selling and in relation to business-to- business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set out in Annex I ('the Common European Sales Law'). These rules can be used for cross- border transactions in the area of distance selling, particularly online, for the sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do so.
Amendment 364 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘distance contract’ means any contract between the trader and the consumer or another trader under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or, in caswhere the trader is a legal person, a natural person representing the trader, and the consumer or the other trader or, where the trader is a legal person, the natural person representing the trader, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Amendment 365 #
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 369 #
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
Amendment 370 #
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) 'public auction' means a method of sale where goods or, digital content or services are offered by the trader to the consumer who attends or is 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, digital content or services;
Amendment 371 #
Proposal for a regulation
Article 2 – paragraph 1 – point y a (new)
Article 2 – paragraph 1 – point y a (new)
(ya) ‘excused’, when applied to an action or omission, means objectively not attributable to the person acting or omitting to act.
Amendment 377 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Common European Sales Law may be used for: the following distance contracts, including online contracts:
Amendment 381 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 383 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. This article shall not apply where a contract relates to the supply of foodstuffs, beverages or other goods which are intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer's home, residence or workplace.
Amendment 387 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope beyond the area of distance selling, in relation to business- to-business contracts, market and technological developments and in respect of digital content and future developments of the Union acquis.
Amendment 391 #
Proposal for a regulation
Annex 1 – Article 13 – title
Annex 1 – Article 13 – title
Duty to provide information when concluding a distance or off-premises contract
Amendment 392 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 1
Annex 1 – Article 13 – paragraph 1
1. A trader concluding a distance contract or off-premises contract has a duty to provide the following information to the consumer, in a clear and comprehensible manner before the contract is concluded or the consumer is bound by any offer:
Amendment 394 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 3
Annex 1 – Article 13 – paragraph 3
3. For a distance contract, tThe information required by this Article must:
Amendment 395 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 4
Annex 1 – Article 13 – paragraph 4
Amendment 396 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point b
Annex 1 – Article 13 – paragraph 5 – point b
Amendment 397 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c
Annex 1 – Article 13 – paragraph 5 – point c
Amendment 398 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c a (new)
Annex 1 – Article 13 – paragraph 5 – point c a (new)
(ca) a contract which, in accordance with the laws of Member States, is established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope. The same shall apply to the conclusion of a contract before a court.
Amendment 400 #
Proposal for a regulation
Annex 1 – Article 17 – title
Annex 1 – Article 17 – title
Information about rights of withdrawal when concluding a distance or off- premises contract
Amendment 401 #
Proposal for a regulation
Annex 1 – Article 17 – paragraph 2
Annex 1 – Article 17 – paragraph 2
2. Where applicable, the information to be provided under point (e) of Article 13(1) must include the fact that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, that the consumer will have to bear the cost of returning the goods in the event of withdrawalonly if the goods by their nature cannot be normally returned by post.
Amendment 402 #
Proposal for a regulation
Annex 1 – Article 18
Annex 1 – Article 18
Amendment 403 #
Proposal for a regulation
Annex 1 – Article 19 – title
Annex 1 – Article 19 – title
Amendment 404 #
Proposal for a regulation
Annex 1 – Article 19 – paragraph 1
Annex 1 – Article 19 – paragraph 1
1. When a trader makes a telephone call to a consumer, with a view to concluding a distance contract, the trader must, at the beginning of the conversation with the consumer, disclose its identity and, where applicable, the identity of the person on whose behalf it is making the call and the commercial purpose of the call.
Amendment 405 #
Proposal for a regulation
Annex 1 – Article 19 – paragraph 2
Annex 1 – Article 19 – paragraph 2
2. If the distance contract is concluded through a means of distance communication which allows limited space or time to display the information, the trader must provide at least the information referred to in paragraph 3 of this Article on that particular means prior to the conclusion of such a contract. The other information referred to in Article 13 shall be provided by the trader to the consumer in an appropriate way in accordance with Article 13(3).
Amendment 406 #
Proposal for a regulation
Annex 1 – Article 19 – paragraph 4
Annex 1 – Article 19 – paragraph 4
4. A distance contract concluded by telephone is valid only if the consumer has signed the offer or has sent his written consent indicating the agreement to conclude a contract. The trader must provide the consumer with a confirmation of that agreement on a durable medium.
Amendment 407 #
Proposal for a regulation
Annex 1 – Article 19 – paragraph 5
Annex 1 – Article 19 – paragraph 5
5. The trader must give the consumer a confirmation of the contract concluded, including where applicable, of the consent and acknowledgement of the consumer referred to in point (d) of Article 40(3), and all the information referred to in Article 13 on a durable medium. The trader must give that information in 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 supply of digital content or the provision of the related service begins, unless the information has already been given to the consumer prior to the conclusion of the distance contract on a durable medium.
Amendment 408 #
Proposal for a regulation
Annex 1 – Article 20
Annex 1 – Article 20
Amendment 409 #
Proposal for a regulation
Annex 1 – Article 24 – title
Annex 1 – Article 24 – title
Additional duties to provide information in distance contracts concluded by electronic means
Amendment 410 #
Proposal for a regulation
Annex 1 – Article 25 – title
Annex 1 – Article 25 – title
Additional requirements in distance contracts concluded by electronic means
Amendment 411 #
Proposal for a regulation
Annex 1 – Article 25 – paragraph 1
Annex 1 – Article 25 – paragraph 1
1. Where a distance contract which is concluded by electronic means would oblige the consumer to make a payment, the trader must make the consumer aware in a clear and prominent manner, and immediately before the consumer places the order, of the information required by point (a) of Article 13 (1), Article 14(1) and (2), and point (b) of Article 16.
Amendment 415 #
Proposal for a regulation
Annex 1 – Chapter 4
Annex 1 – Chapter 4
Right to withdraw in distance and off- premises contracts between traders and consumers
Amendment 416 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 1
Annex 1 – Article 40 – paragraph 1
1. During the period provided for in Article 42, the consumer has a right to withdraw from the contract without giving any reason, and at no cost to the consumer except as provided in Article 45, from:.
Amendment 417 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point a
Annex 1 – Article 40 – paragraph 1 – point a
Amendment 418 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point b
Annex 1 – Article 40 – paragraph 1 – point b
Amendment 419 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 2 – point a
Annex 1 – Article 40 – paragraph 2 – point a
Amendment 422 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 3 – point e
Annex 1 – Article 40 – paragraph 3 – point e
Amendment 425 #
Proposal for a regulation
Annex 1 – Article 44 – paragraph 4
Annex 1 – Article 44 – paragraph 4
Amendment 427 #
Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point a – point ii
Annex 1 – Article 45 – paragraph 6 – point a – point ii
(ii) the consumer has not expressly requested performance to begin during the withdrawal period in accordance with Article 18(2) and Article 19(6);
Amendment 428 #
Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point b – point iii
Annex 1 – Article 45 – paragraph 6 – point b – point iii
(iii) the trader has failed to provide the confirmation in accordance with Article 18(1) and Article 19(5).
Amendment 429 #
Proposal for a regulation
Annex 1 – Article 46 – paragraph 1
Annex 1 – Article 46 – paragraph 1
1. Where a consumer exercises the right of withdrawal from a distance or an off- premises contract in accordance with Articles 41 to 45, any ancillary contracts are automatically terminated at no cost to the consumer except as provided in paragraphs 2 and 3. For the purpose of this Article an ancillary contract means a contract by which a consumer acquires goods, digital content or related services in connexion to a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
Amendment 441 #
Proposal for a regulation
Annex 1 – Article 77 – paragraph 1
Annex 1 – Article 77 – paragraph 1
1. Where, in a case involving continuous or repeated performance of a contractual obligation, the contract terms do not stipulate when the contractual relationship is to end or provide for it to be terminated upon giving notice to that effect, it may be terminated at any time by either party by giving a reasonable period of notice not exceeding twohree months.
Amendment 450 #
Proposal for a regulation
Annex 1 – Article 93 – point a
Annex 1 – Article 93 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer’s place of residence at the time of the conclusion of the contract;
Amendment 451 #
Proposal for a regulation
Annex 1 – Article 94 – point a
Annex 1 – Article 94 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract or in which the seller has undertaken to arrange carriage to the buyer, by transferring the physical possession or control of the goods or the digital content to the consumer;
Amendment 492 #
Proposal for a regulation
Annex 1 – Article 142 – paragraph 3
Annex 1 – Article 142 – paragraph 3
Amendment 514 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
– If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: "You will have to bear the direct cost of returning the goods, ___ EUR [insert the amount]."; or if the cost of returning the goods cannot reasonably be calculated in advance: "You will have to bear the direct cost of returning the goods. The cost is estimated to a maximum of approximately ___ EUR [insert the amount]"; or
Amendment 515 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Amendment 516 #
Proposal for a regulation
Annex 2 – paragraph 5
Annex 2 – paragraph 5
The trader has to give you the important informatinform you in detail about the key provisions onf the contract agreed with you, for instance on the product and its price including all taxes and charges and his contact details. The information has to be more detailed when you buy something outside the trader's shop or if you do not meet the trader personally at all, for instance if you buy online or by telephone. You are entitled to damages if this information is incomplete or wrong.
Amendment 517 #
Proposal for a regulation
Annex 2 – paragraph 7
Annex 2 – paragraph 7