23 Amendments of Catherine SOULLIE related to 2008/0196(COD)
Amendment 257 #
Proposal for a directive
Recital 11 k (new)
Recital 11 k (new)
(11k) This Directive shall be without prejudice to the application of the provisions of the Member States relating to the acquisition of immovable property and guarantees relating to immovable property or the formation or transfer of rights in immovable property. This includes agreements connected with such legal acts, such as sales of immovable property still to be developed and hire- purchase.
Amendment 276 #
Proposal for a directive
Recital 14
Recital 14
(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. In an off- premises context, consumers are under psychological pressure no matter whether they have solicited the trader's visit or not. Furthermore, i, after an unsolicited visit by the trader. In order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract. Contracts which, according to the provisions of the Member States, are authenticated by a public official are not considered as off-premises contracts nor as distance contracts within the meaning of this directive.
Amendment 456 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) "off-premises contract' means any contract between a trader and a consumer for the provision of a good or service :
Amendment 464 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) any sales or service contractwhich is concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service, unless the consumer himself has established the business contract for which an offer was made by the consumer with the trader or his agent for the purpose of concluding the same circumstancescontract, or
Amendment 474 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point b
Article 2 – paragraph 1 – point 8 –point b
(b) any sales or service contractwhich is concluded on business premises but negotiatwhose main components have been determined away from business premises, with the simultaneous physical presence of the trader and the consumer. This excludes contracts which, according to the provisions of the Member States, are authenticated by a public official.
Amendment 534 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
Amendment 617 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence or the absence of a right of withdrawal, where applicable ;
Amendment 683 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The information requirements referred to in paragraph 1 shall be deemed to have been successfully fulfilled by the trader when the information is provided in such a way so as to guarantee full awareness of the average consumer, who is expected to be observant and circumspect when concluding a contract.
Amendment 751 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. An off-premises contract shall only be valid if the consumer signs an order form and in cases where the order form is not on paper, receives a copy of theis order form on another durable medium of his choice.
Amendment 790 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If the trader makes a telephone call to the consumer with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer.The trader shall send to the consumer a confirmation of the offer on a durable medium. The consumer is bound to the contract only by his signature.
Amendment 807 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The consumer shall receive confirmation of all the information referred to in Article 95(a) to (fj), on a durable medium, in reasonable time after the conclusion of any distance contract, and at the latest at the time of the delivery of the goods or when the performance of the service has begun, unless the information has already been given to the consumer prior to the conclusion of any distance contract on a durable medium.
Amendment 812 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. The durable media referred to in paragraphs 2 and 4 shall be chosen by the consumer.
Amendment 813 #
Proposal for a directive
Article 11 – paragraph 4 b (new)
Article 11 – paragraph 4 b (new)
4b. For the contract to be valid, the consumer shall be able to check all the details of his order and the total price before giving a final approval.
Amendment 932 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
The consumer shall only be charged for the direct cost of returning the goods unless the trader has agreed to bear that cost. He shall not be charged for that cost if the trader has agreed to bear it or if the cost of returning the goods is more than EUR 50.
Amendment 984 #
Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
ca) the supply of foodstuffs, beverages and other hygienically sensitive goods, or goods that may create a sanitary risk if returned within the withdrawal period;
Amendment 1056 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Articles 1 to 20, including more or less stringent provisions intended to ensure a different level of consumer protection.
Amendment 1091 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Unless the parties have agreed otherwise, tThe trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, on the day agreed between the trader and the consumer, within a maximum of thirty days from the day of the conclusion of the contract.
Amendment 1112 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in Article 22.
Amendment 1392 #
Proposal for a directive
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. The guarantee statement shall be drafted in plain intelligible language and be legible. The guarantee shall be drafted in the language of the contract. It shall include the following:
Amendment 1405 #
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
3. If the consumer so requests, the trader shall make the guarantee statement available in a durable medium, chosen by the consumer.
Amendment 1409 #
Proposal for a directive
Article 29 – paragraph 4 d (new)
Article 29 – paragraph 4 d (new)
4d. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in Article 29.
Amendment 1460 #
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer. , except for presentational requirements in relation to persons with disabilities. This Article does not affect the freedom of the Member States to impose additional requirements for the validity or effects of the contract such as the authentication of the contract or the certification of the signature.
Amendment 1576 #
Proposal for a directive
Annex 3 – paragraph 1 – point g
Annex 3 – paragraph 1 – point g
(g) allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract, as a result of this increase;