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COMMISSION NOTICE Guidance on the interpretation and application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights

guidance · European Union · 52021XC1229(04)

124 provisions

Defined terms · All instruments

sec_introduction INTRODUCTION
1 Scope of application
1.1 The notions of ‘trader’ and ‘consumer’
1.2 The notion of ‘contract’
1.3 Contracts covered
1.4 Mixed purpose contracts
1.5 Distinction between digital services and online digital content
1.6 Contracts against payment and contracts where the consumer provides personal data
1.6.1 Contracts against payment
1.6.2 Contracts where the consumer provides personal data
1.7 Contracts to which the Directive does not apply
1.7.1 Rental contracts and building contracts
1.7.2 Package travel
1.7.3 Contracts established by a public office-holder
1.7.4 Contracts for goods intended for current consumption
1.7.5 Passenger transport
1.7.6 Automated sales
1.7.7 Certain contracts related to electronic communications
1.8 Possible exemption of low value off-premises contracts
1.9 Rules for public auctions
2 Off-premises contracts
2.1 Contracts concluded outside the trader’s business premises
2.2 Contracts concluded after addressing the consumer outside the business premises
2.3 Contracts concluded during an excursion organised by the trader
3 Consumer information
3.1 General requirements
3.1.1 Introduction
3.1.2 Clarity of the information and link to the UCPD
3.1.3 Information ‘already apparent from the context’
3.1.4 Information requirements in other EU legislation
3.1.5 Imposition of additional information requirements
3.1.6 Exemption of ‘day-to-day’ transactions
3.1.7 The binding nature of pre-contractual information
3.1.8 Additional language requirements
3.1.9 Burden of proof
3.2 Common requirements for on-premises and distance/off-premises contracts
3.2.1 Main characteristics
3.2.2 Trader’s identity and contact details
3.2.2.1 Trader’s identity
3.2.2.2 Means of communication
3.2.2.3 Place of establishment
3.2.2.4 Place of business
3.2.3 Price
3.2.4 Delivery and performance of the contract
3.2.5 Arrangements for payment
3.2.6 Guarantees and after-sales services
3.2.7 Duration and termination of the contract
3.2.8 Functionality, compatibility and interoperability
3.3 Additional requirements for off-premises and distance contracts
3.3.1 Personalised price
3.3.2 Cost of using distance means of communication
3.3.3 Deposits and financial guarantees
3.3.4 Out-of-court redress mechanisms
3.4 Additional requirements for online marketplaces
3.4.1 Ranking criteria
3.4.2 Status of the other contractual party
3.4.3 Information about non-applicability of EU consumer law
3.4.4 Allocation of responsibilities for the contract
3.4.5 Possibility to impose additional information requirements
4 Special requirements for distance contracts
4.1 Definition of a distance contract
4.2 Pre-contractual information
4.2.1 Information to be presented directly before placing the order
4.2.2 Order confirmation button
4.2.3 Information on delivery restrictions and means of payments
4.2.4 Contracts concluded over means of distance communication with limited space or time
4.3 Contracts concluded by telephone
4.4 Confirmation of the contract
5 The right of withdrawal
5.1 Calculation of the right of withdrawal period
5.1.1 Introduction
5.1.2 Starting point of the withdrawal period
5.2 Information about the right of withdrawal
5.3 Exercise of the right of withdrawal
5.4 Consequences of the withdrawal concerning the data
5.5 Right of withdrawal in respect of goods
5.5.1 Multiple or defective goods
5.5.2 Return of the goods
5.5.3 Reimbursement of the payments received from the consumer
5.5.4 Consumer’s liability for mishandling of the goods
5.5.5 Risk when returning the goods to the trader
5.6 Right of withdrawal from contracts for services and public utilities
5.6.1 Consumer’s consent to immediate performance
5.6.2 Consumer’s compensation obligation
5.7 Right of withdrawal from contracts for online digital content
5.8 Consequences of failing to inform about right of withdrawal
5.8.1 Consequences regarding the goods
5.8.2 Consequences regarding services and public utilities
5.8.3 Consequences regarding online digital content
5.9 Termination of the contract following the exercise of the right of withdrawal
5.10 Ancillary contracts
5.11 Exceptions from the right of withdrawal
5.11.1 Goods or services for which the price is dependent on fluctuations in the financial market
5.11.2 Goods made to the consumer’s specifications or clearly personalised
5.11.3 Goods liable to deteriorate or expire rapidly
5.11.4 Goods sealed for health protection of hygiene reasons
5.11.5 Goods that get inseparably mixed with other items
5.11.6 Contracts with a specific date or period of performance
5.11.7 Repairs requested by the consumer
5.12 Regulatory choices in case of unsolicited visits or excursions
5.12.1 Introduction
5.12.2 Extension of the right of withdrawal period
5.12.3 Derogations from the exceptions from the right of withdrawal
6 Delivery
7 Passing of risk
8 Fees for the use of means of payment
8.1 Introduction
8.2 Definition of ‘fees’
8.3 Definition of the ‘cost’ borne by the trader
8.3.1 The Merchant Service Charge and other direct costs
8.3.2 General costs of running a business
8.3.3 Eligible costs justifying a fee for the use of means of payment
8.4 Payments in foreign cash
9 Communication by telephone
10 Additional payments
11 Enforcement
11.1 Public and private enforcement
11.2 Application to third country traders
11.3 Penalties
11.3.1 Criteria for the imposition of penalties
11.3.2 Penalties in the context of CPC coordinated enforcement actions
sec_annex ANNEX
sec_list_of_court_cases_mentioned_in_this_notice List of Court cases mentioned in this Notice
sec_ordered_by_the_year_of_the_judgment (ordered by the year of the judgment)