25 Amendments of Wim van de CAMP related to 2008/0196(COD)
Amendment 285 #
Proposal for a directive
Recital 16
Recital 16
(16) The definition of dDurable mediuma should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of theisks of computers on which the electronic mail or a pdf file is storeddata saved in unmodifiable form are stored. Internet websites as such should not be durable media.
Amendment 416 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'trader' means any natural or legal person who, in contracts covered by this Directive, is acting for purposes relating to his trade, business, craft or profession and anyone acting in the name of or on behalf of a trade, including where such is within the public sector;
Amendment 419 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'goods' means any tangible movable item, with the exception of goods sold by way of execution or otherwise by authority of law. Water and gas shall also be considered as ‘goods’ within the meaning of this directive where they are put up for sale in a limited volume or set quantity;
Amendment 420 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) ‘service’ means any work or other service of any kind provided by the trader for the consumer for remuneration;
Amendment 422 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) 'sales contract' means any contract for the sale of goods by the trader to the consumer including any mixed-purpose contract having as its object both goods and serviceswhereby a trader grants ownership of goods to a consumer in accordance with the applicable national law, or undertakes to grant such ownership, and whereby the consumer undertakes to pay the price. Contracts for the supply of goods to be manufactured or produced shall also be defined as sales contracts for the purposes of this Directive;
Amendment 446 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘mixed-purpose contract’ means any contract that includes both aspects relating to the provision of services and aspects relating to the supply of goods;
Amendment 567 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or service contract, the traderIn good time before the consumer is bound by any distance or off-premises contract or any corresponding offer, the trader or any person acting in his name or on his behalf shall provide the consumer with the following information, if not already apparent from the contextn a clear and intelligible manner:
Amendment 588 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;. In case of a services contract containing a subscription, the price shall mean the total monthly subscription costs; Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Article 5, including more or less stringent provisions intended to ensure a different level of consumer protection.
Amendment 612 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence of a right of withdrawal, where applicablein so far as a right of withdrawal exists, the conditions, period and procedure for exercising that right; for this purpose, the trader may use the model instructions on withdrawal and the model withdrawal form in Annex I(A) and I(B) respectively or any other clearly worded statement; if the trader informs the consumer using the model instructions on withdrawal in Annex I(A), he shall satisfy these information requirements;
Amendment 678 #
Proposal for a directive
Article 5 – paragraph 3 e (new)
Article 5 – paragraph 3 e (new)
3e. Article 5 is without prejudice to Directive 2000/31/EC of the European Parliament and of the Council.
Amendment 737 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to contracts that are concluded off- premises, the information provided for in Article 95 shall be given in the order form. It shall be drafted in plain, intelligible language and be legible. The order form shall include the standard withdrawal form set out in Annex I(B)to the consumer in the contract document or on another durable medium, in so far as this appears appropriate in view of the nature of the contract; it shall be drafted in plain, intelligible language and be legible.
Amendment 781 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. If a distance contract for services concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the trader has (a) made the consumer aware in a clear and highly visible manner of the total price, including all related price components, and (b) designed his website in such a way that a binding order cannot be placed until the consumer has confirmed that he has read and understood the statement required under letter (a).
Amendment 798 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If the contract is concluded through a medium which allows limited space or time to display the information, the trader shall provide at least the information regarding the main characteristics of the produgoods or services, the total price, the duration of the contract and, if the total pricecontract is open- ended, the conditions for terminating the contract, referred to in Articles 5(1)(a), (c) and (cg) on that particular medium prior to the conclusion of such a contract. The other information referred to in Articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1, and the consumer shall be informed hereof on that particular medium prior to the conclusion of such a contract. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Article 11, including more or less stringent provisions intended to ensure a different level of consumer protection.
Amendment 827 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Save as otherwise provided, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract.
Amendment 849 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
In the case of a distance contract for the provision of services, the withdrawal period shall begin from the day of the conclusion of the contractthe goods are delivered separately, the withdrawal period shall start when each individual good is delivered. When a good is delivered in lots or pieces, the withdrawal period should start when the last lot of piece is delivered.
Amendment 888 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Before expiry of the withdrawal period, the consumer shall inform the trader of his decision to withdraw. For this purpose, the consumer may (a) either use the model withdrawal form as set out in Annex I(B) or make any other clearly worded statement on a durable medium, or b) return the goods to the trader. Member States shall not provide for any other formal requirements applicable to this model withdrawal form.
Amendment 917 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. For sales contractdistance or off-premises contracts for the supply of goods, the trader may withholdmake the reimbursement until he has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliestconditional upon the return of the goods.
Amendment 971 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(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;
Amendment 978 #
Proposal for a directive
Article 19 – paragraph 1 – point c b (new)
Article 19 – paragraph 1 – point c b (new)
(cb) contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 986 #
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
Amendment 1075 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. This Chapter shall not apply to the spare parts replaced by the trader when he has remedied the lack of conformity of the goods by repair under Article 26: (a) electricity; (b) water and gas where they are not put up for sale in a limited volume or set quantity.
Amendment 1100 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. WhereIf the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1. may call upon him, on a durable medium, to make the delivery within a period appropriate to the circumstances and notify him of his intention to withdraw from the contract if delivery does not take place. If, upon expiry of that period, no action has been taken, the consumer may withdraw from the sales contract. A consumer who has already paid the price shall be entitled to a refund of any sums paid within seven days from the day on which he withdrew from the contract. This shall be without prejudice to the rights of the consumer to claim damages.
Amendment 1324 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the risk passed to the consumer. Nevertheless, a trader can be held liable for a lack of conformity with the contract which becomes apparent after the two years referred to in the first sentence have expired, if it would not be reasonable for the trader to plea the expiration of that term considering the quality and performance which are normal in goods of the same type and which the consumer may reasonable expect, considering the nature of the goods, and taking into account any commercial communication on the specific characteristics of the goods. Member States may not maintain or introduce, in their national law; provisions diverging from those laid down in Article 28, including more or less stringent provisions intended to ensure a different level of consumer protection.
Amendment 1362 #
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwisethe trader provides proof of the contrary, any lack of conformity which becomes apparent within six monthtwo years of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity. Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Article 28, including more or less stringent provisions intended to ensure a different level of consumer protection.
Amendment 1443 #
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Contract terms shall be made available to the consumer in a manner which gives him a real opportunity of becoming acquainted with them before the conclusion of the contract, with due regard to the means of communication used. and getting re-acquainted with them after the conclusion of the contract, with due regard to the means of communication used. Contract terms made available by electronic means shall constitute such a real opportunity if the contract is concluded by electronic means. In case of contracts concluded through other means of communication, contract terms may only be made available by electronic means if this modality is expressly agreed to by the consumer. Member States may not maintain or introduced, in their national law, provisions diverging from those laid down in Article 31, including more or less stringent provisions intended to ensure a different level of consumer protection.