Activities of Jürgen CREUTZMANN related to 2011/0284(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law
Amendments (88)
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 412 #
Proposal for a regulation
Annex 1 – Article 25 – paragraph 2
Annex 1 – Article 25 – paragraph 2
2. The trader must ensure that the consumer, when placing the order, explicitly acknowledges that the order implies an obligation to pay, unless this is directly apparent. Where placing an order entails activating a button or a similar function, the button or similar function must be labelled in an easily legible manner only with the words "order with obligation to pay" or similarwith an unambiguous wording indicating that placing the order entails an obligation to make a payment to the trader. Where the trader has not complied with this paragraph, the consumer is not bound by the contract or order.
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 421 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 3 – point a
Annex 1 – Article 40 – paragraph 3 – point a
(a) where the goods supplied were sealed, have been unsealed by the consumer and are not then suitable for returnsale due to health protection or hygiene reasons;
Amendment 422 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 3 – point e
Annex 1 – Article 40 – paragraph 3 – point e
Amendment 423 #
Proposal for a regulation
Annex 1 – Article 41 – paragraph 2
Annex 1 – Article 41 – paragraph 2
2. The consumer exercises the right to withdraw by notice in writing to the trader. For this purpose, the consumer may use either the Mmodel withdrawal form set out in Appendix 2 or any other unequivocal statement setting out the decision to withdraw.
Amendment 424 #
Proposal for a regulation
Annex 1 – Article 44 – paragraph 1
Annex 1 – Article 44 – paragraph 1
1. The trader must reimburse all payments received from the consumer, including, where applicable, the costs of delivery without undue delay and in any event not later than fourteen days from the day on which the trader is informed ofreceives the consumer'’s decision to withdraw from the contractnotice of withdrawal in accordance with Article 41. The trader must carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.
Amendment 425 #
Proposal for a regulation
Annex 1 – Article 44 – paragraph 4
Annex 1 – Article 44 – paragraph 4
Amendment 426 #
Proposal for a regulation
Annex 1 – Article 45 – paragraph 3
Annex 1 – Article 45 – paragraph 3
3. The consumer is liable for any diminished value of the goods only where that 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 withdrawinformed him, in accordance with Article 17 (1), of possible liability for diminished value.
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 432 #
Proposal for a regulation
Annex 1 – Article 64 – paragraph 1
Annex 1 – Article 64 – paragraph 1
1. Where there is doubt about the meaning of a contract term in a contract between a trader and a consumer, the interpretation most favourable to the consumer shall prevail unless the term was individually negotiated or supplied by the consumer.
Amendment 433 #
Proposal for a regulation
Annex 1 – Article 69
Annex 1 – Article 69
Amendment 439 #
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 options which 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 its binding on the consumer only if, before the consumer is bound by the contract, the consumer has expressly and separately consented to that payment. The seller must 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 440 #
Proposal for a regulation
Annex 1 – Article 72 – paragraph 3
Annex 1 – Article 72 – paragraph 3
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 453 #
Proposal for a regulation
Annex 1 – Article 100 – point a
Annex 1 – Article 100 – point a
(a) be fit for any particular purpose made known to the sellbuyer at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for the buyer to rely, on the seller’s skill and judgement;
Amendment 455 #
Proposal for a regulation
Annex 1 – Article 100 – point b
Annex 1 – Article 100 – point b
(b) be fit for the purposes for which goods or digital content of the same description would ordinarily be used unless no particular purpose was made known to the buyer at the time of the conclusion of the contract or unless the circumstances show that the buyer did not rely, or that it was unreasonable for the buyer to rely, on the seller’s skill and judgement;
Amendment 456 #
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 expectreasonably expect, drawing in particular on statements made to the buyer or publicly before the contract was concluded. 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 457 #
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 traders
Amendment 458 #
Proposal for a regulation
Annex 1 – Article 104
Annex 1 – Article 104
Amendment 468 #
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, the buyer may not resort to the remedies referred to in points (a) to (de) 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 472 #
Proposal for a regulation
Annex 1 – Article 110 – paragraph 3 – point a
Annex 1 – Article 110 – paragraph 3 – point a
(a) performance would be impossible or has become unlawful; or
Amendment 473 #
Proposal for a regulation
Annex 1 – Article 111 – paragraph 1
Annex 1 – Article 111 – paragraph 1
1. Where, in a consumer sales contract, the trader is required to remedy a lack of conformity pursuant to Article 110(2) the consumer may choose between repair and replacement unless the option chosen would be unlawful or impossible or, compared to the other option available, would impose costs on the seller that would be disproportionate taking into account:, which must be carried out within a reasonable period not exceeding 30 days. During this period the consumer may not resort to other remedies, but may withhold his own performance.
Amendment 475 #
Proposal for a regulation
Annex 1 – Article 111 – paragraph 1
Annex 1 – Article 111 – paragraph 1
Amendment 476 #
Proposal for a regulation
Annex 1 – Article 111 – paragraph 1 – point b
Annex 1 – Article 111 – paragraph 1 – point b
Amendment 477 #
Proposal for a regulation
Annex 1 – Article 111 – paragraph 1 – point c
Annex 1 – Article 111 – paragraph 1 – point c
Amendment 479 #
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 maytrader has not completed repair or replacement within a reasort to other remedies only if the trader has not completed repair or replacement within a reasonable time, not exceeding 30 days. However, the consumer may withhold performance during that timenable time, not exceeding 30 days, or if the first attempt at subsequent performance fails to remedy the lack of conformity, the consumer may choose between a further repair or replacement.
Amendment 481 #
Proposal for a regulation
Annex 1 – Article 115 – paragraph 1
Annex 1 – Article 115 – paragraph 1
1. A buyer may terminate the contract in a case of delay in delivery which is not in itself a fundamental lack of conformity if the buyer gives notice fixing an additional period of time of reasonable length for performance and the seller does not perform within that period.
Amendment 485 #
Proposal for a regulation
Annex 1 – Article 124 – paragraph 4
Annex 1 – Article 124 – paragraph 4
Amendment 486 #
Proposal for a regulation
Annex 1 – Article 135 – paragraph 1
Annex 1 – Article 135 – paragraph 1
1. A seller may terminate in a case of delay in performance which is not in itself a fundamental lack of conformity if the seller gives a notice fixing an additional period of time of reasonable length for performance and the buyer does not perform within that period.
Amendment 487 #
Proposal for a regulation
Annex 1 – Article 139 – paragraph 1
Annex 1 – Article 139 – paragraph 1
1. Where performance has been tendered late or a tendered performance otherwise does not conform to the contract the seller loses the right to terminate under this Section unlessif notice of termination is not given within a reasonable time from when the seller has become, or could be expected to have become, aware of the tender or the lack of conformity.
Amendment 490 #
Proposal for a regulation
Annex 1 – Article 142 – paragraph 1
Annex 1 – Article 142 – paragraph 1
1. In a consumer sales contract, the risk passes at the time when the consumer or a third party designated by the consumer, not being the carrier, has acquireds the physical possession of the goods or the tangible medium on which the digital content is supplied. If the seller gives the consumer a choice between various carriers, the latter shall not be regarded as third parties designated by the consumer within the meaning of this paragraph.
Amendment 491 #
Proposal for a regulation
Annex 1 – Article 142 – paragraph 2
Annex 1 – Article 142 – paragraph 2
2. In a contract for the supply of digital content not supplied on a tangible medium, the risk passes at the time when the consumer or a third party designated by the consumer for this purpose has obtaineds the control of the digital content.
Amendment 492 #
Proposal for a regulation
Annex 1 – Article 142 – paragraph 3
Annex 1 – Article 142 – paragraph 3
Amendment 507 #
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 clear 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.
Amendment 508 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 7
Annex 1 – Appendix 1 – paragraph 7
If you withdraw from this contract, we will reimburse 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 even. Reimbursement shall be carried out not later than 14 days from the day on which we are informed aboutceive your decision to withdraw from this contract. We will carry out such reimbursement usinguse 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.
Amendment 509 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point b
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point b
Does not apply to English version.
Amendment 510 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point c
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point c
Does not apply to English version.
Amendment 511 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point d
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point d
Does not apply to English version.
Amendment 512 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point e
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point e
Does not apply to English version.
Amendment 513 #
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 clear statement on our website [insert internet 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 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