§3.4.4 Allocation of responsibilities for the contract

Article 6a(1) (d) where applicable, how the obligations related to the contract are shared between the third party offering the goods, services or digital content and the provider of the online marketplace, such information being without prejudice to any responsibility that the provider of the online marketplace or the third-party trader has in relation to the contract under other Union or national law. Consumers using an online marketplace enter into contracts either with the provider of the marketplace or with the third party supplier for the supply of specific products offered on the marketplace. In addition, the consumer also has a (framework) contract with the provider of the online marketplace and the latter has contracts with the suppliers on the marketplace. These contracts regulate the terms of use of the marketplace service for the users, including the services that the marketplace offers to the consumer in relation to their contracts with the suppliers for specific products. Article 6a(1)(d) seeks to ensure clarity for consumers as to ‘how the obligations related to the contract are shared between’ the third party supplier and the provider of the marketplace when concluding contracts with third party suppliers on the marketplace. It requires the marketplace to remind the consumer about any responsibilities that the marketplace may have assumed regarding such contracts towards the consumer. This information about the division of responsibilities between the online marketplace provider and the third party supplier has to be provided on a ‘where applicable’ basis. Namely, this requirement applies only where there are shared responsibilities towards consumers between the online marketplace and the third party supplier. For example, the online marketplace could assume the responsibility for the delivery of the goods, while the third party supplier remains responsible for the conformity of the goods. CRD does not regulate how the responsibilities are to be divided between the parties. It is for the online marketplace and the third party trader to agree on their respective responsibilities regarding the contracts concluded on the marketplace, subject to applicable national law, and the marketplace has to inform consumers accordingly. Recital 27 of Directive (EU) 2019/2161 provides an illustration of how the online marketplace could implement this new information obligation: ‘The provider of the online marketplace could indicate that a third-party trader is solely responsible for ensuring consumer rights, or describe its own specific responsibilities where that provider assumes responsibility for certain aspects of the contract, for example, delivery or the exercise of the right of withdrawal.’ Recital 27 also mentions mentions that information should be provided in a clear and comprehensible manner and not merely in the standard terms and conditions or similar contractual documents.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07