27 Amendments of Lara COMI 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 297 #
Proposal for a directive
Recital 17
Recital 17
(17) CThe consumers should be entitled to recegiven comprehensive information before the conclusion of the contract. However traders should not have to provide the information when already apparent from the context. For example in an on-premises transaction, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance andis committed to a distance contract, an off- premises transactions, the trader should always provide the information on arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the contextcontract or a corresponding contract offer.
Amendment 335 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
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 444 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
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 554 #
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
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 655 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the business is subject, and the methods for having access to it, where applicable.
Amendment 666 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall not provide for any other requirements as regards the content of the model instructions on withdrawal in Annex I(A).
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 760 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall not impose any further formal requirements other than those provided forfor the fulfilment of the information obligations referred to in paragraphs 1 and 2 5(1).
Amendment 822 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall not impose any further formal requirements other than those provided forfor the fulfilment of the information obligations referred to in paragraphs 1 to 4 5(1).
Amendment 869 #
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b5(1)(e), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsone year from the day determined in Article 12(1a) and (2).
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 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 1076 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. This Cchapter shall not apply to: a) electricity; b) water and gas, if they are not put up for sale in a limited volume or set quantity; c) the spare parts replaced by the trader when he has remedied the lack of conformity of the goods byut repair under Article 26.
Amendment 1271 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. The consumer may resort to any remedy available under paragraph 1, where one of the following situations exists:Without prejudice to paragraph 5(b), the consumer may insist on a reasonable reduction in price or rescission of the contract, where one of the following situations exists: a) the consumer is entitled to neither repair nor replacement, or
Amendment 1275 #
Proposal for a directive
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) the trader has implicitly or explicitly refusedrefused expressively or by concludent behaviour to remedy the lack of conformity;
Amendment 1282 #
Proposal for a directive
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) the trader has tried to remediedy the lack of conformity, causing significant inconvenience to the consumer;
Amendment 1292 #
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same defect has reappeared more than ontwice within a short period of time.
Amendment 1530 #
Proposal for a directive
Article 46 a (new)
Article 46 a (new)
Amendment 1538 #
Proposal for a directive
Annex 1 – paragraph A
Annex 1 – paragraph A
A. Information to be provided with the withdrawal form Model instructions on withdrawal Right of withdrawal You may withdraw on a durable medium from this contract within a period of 14 days without giving any reason [or – if the goods are delivered to you before the expiry of this period – by returning the goods]. The period for withdrawal shall begin [on receipt of the goods ordered]1. The day [on which the goods are received]2 shall not be counted as part of the period for withdrawal. If the last day of the period for withdrawal falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. The period for withdrawal shall be deemed to have been observed if notice of withdrawal is sent, or the goods are returned, before its expiry. Notice of withdrawal should be sent on a durable medium (for example in the form of a posted letter)3 to:4. The consumer may use the form below, but it is not obligatory. Effects of withdrawal For withdrawal to be valid you must send the goods back, at [our expense]5, within a period of 14 days of sending your notice of withdrawal. The period for reimbursement shall begin when we receive your notice of withdrawal or the goods. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. If you are unable to return the goods in their original condition, you shall be liable for any deterioration in their value. This provision shall apply only if the deterioration in value is attributable to the goods having been handled in a manner other than that necessary for ascertaining their nature and how they function. You can prevent deterioration by refraining from using the goods as you would your own property and by avoiding any form of handling liable to reduce their value. In the case of valid withdrawal, we must reimburse within a period of 14 days any payment you have made to us. The period for reimbursement shall begin when we receive your notice of withdrawal. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. We may make reimbursement subject to the condition that we have received the returned goods. Advice on alternative wording: 1. In the following specific cases, the text in parentheses should read as indicated: in the case of distance or off-premises contracts for the supply of services: 'from the day of the conclusion of the contract or on the day on which you received a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract'. 2. In the following specific cases, the text in parentheses should read as indicated: in the case of distance or off-premises contracts for the supply of services: 'the conclusion of the contract or on the day on which you received a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract'. 3. In the case of distance contracts, additional text should be inserted as follows: (a) if the entrepreneur allows the consumer to withdraw from the contract by e-mail: 'or by e-mail'; (b) if the entrepreneur allows the consumer to fill in a model form electronically on a website: 'or via our website'. 4. To be inserted: the entrepreneur's name and business address. In the case of distance contracts, the following must also be indicated: the e-mail and/or web address of the entrepreneur which the consumer can use to withdraw from the contract. 5. If the price of the goods to be returned is not more than EUR 50, the text in parentheses should read as follows: 'at your own expense'.