Annexes to COM(2008)614 - Consumer rights - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)614 - Consumer rights. |
|---|---|
| document | COM(2008)614  |
| date | October 25, 2011 |
Information concerning the exercise of the right of withdrawal
A. Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day .
To exercise the right of withdrawal, you must inform us () of your decision to withdraw from this contract by an unequivocal 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.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you 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 event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using 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.
Instructions for completion:
Insert one of the following texts between inverted commas:
| (a) | in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium: ‘of the conclusion of the contract.’; |
| (b) | in the case of a sales contract: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.’; |
| (c) | in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.’; |
| (d) | in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.’; |
| (e) | in the case of a contract for regular delivery of goods during a defined period of time: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.’. |
Insert your name, geographical address and, where available, your telephone number, fax number and e-mail address.
If you give the option to the consumer to electronically fill in and submit information about his 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 unequivocal 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.’.
In the case of sales contracts in which you have not offered to collect the goods in the event of withdrawal insert the following: ‘We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.’.
If the consumer has received goods in connection with the contract:
| (a) | insert:
|
| (b) | insert:
|
| (c) | insert ‘You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.’ |
In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, insert the following: ‘If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.’.
B. Model withdrawal form
| — | To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]: |
| — | I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1), |
| — | Ordered on (1)/received on (1), |
| — | Name of consumer(s), |
| — | Address of consumer(s), |
| — | Signature of consumer(s) (only if this form is notified on paper), |
| — | Date |
(1) Delete as appropriate.
ANNEX II
Correlation table
| Directive 85/577/EEC | Directive 97/7/EC | This Directive |
| Article 1 | Article 3 read in conjunction with Article 2, points 8 and 9, and Article 16, point (h) | |
| Article 1 | Article 1 read in conjunction with Article 2, point 7 | |
| Article 2 | Article 2, points 1 and 2 | |
| Article 2, point 1 | Article 2, point 7 | |
| Article 2, point 2 | Article 2, point 1 | |
| Article 2, point 3 | Article 2, point 2 | |
| Article 2, point 4, first sentence | Article 2, point 7 | |
| Article 2, point 4, second sentence | — | |
| Article 2, point 5 | — | |
| Article 3(1) | Article 3(4) | |
| Article 3(2), point (a) | Article 3(3), points (e) and (f) | |
| Article 3(2), point (b) | Article 3(3), point (j) | |
| Article 3(2), point (c) | — | |
| Article 3(2), point (d) | Article 3(3), point (d) | |
| Article 3(2), point (e) | Article 3(3), point (d) | |
| Article 3(3) | — | |
| Article 3(1), first indent | Article 3(3), point (d) | |
| Article 3(1), second indent | Article 3(3), point (l) | |
| Article 3(1), third indent | Article 3(3), point (m) | |
| Article 3(1), fourth indent | Article 3(3), points (e) and (f) | |
| Article 3(1), fifth indent | Article 6(3) and Article 16, point (k) read in conjunction with Article 2, point 13 | |
| Article 3(2), first indent | Article 3(3), point (j) | |
| Article 3(2), second indent | Article 3(3), point (f) (for rental of accommodation for residential purposes), point (g) (for package travel), point (h) (for timeshare), point (k) (for passenger transport with some exceptions) and Article 16, point (l) (exemption from the right of withdrawal) | |
| Article 4, first sentence | Article 6(1), points (b), (c) and (h), and Article 7(1) and (2) | |
| Article 4, second sentence | Article 6(1), point a and Article 7(1) | |
| Article 4, third sentence | Article 6(1) | |
| Article 4, fourth sentence | Article 10 | |
| Article 4(1), point (a) | Article 6(1), points (b) and (c) | |
| Article 4(1), point (b) | Article 6(1), point (a) | |
| Article 4(1), point (c) | Article 6(1), point (e) | |
| Article 4(1), point (d) | Article 6(1), point (e) | |
| Article 4(1), point (e) | Article 6(1), point (g) | |
| Article 4(1), point (f) | Article 6(1), point (h) | |
| Article 4(1), point (g) | Article 6(1), point (f) | |
| Article 4(1), point (h) | — | |
| Article 4(1), point (i) | Article 6(1), points (o) and (p) | |
| Article 4(2) | Article 6(1) read in conjunction with Article 8(1), (2) and (4) | |
| Article 4(3) | Article 8(5) | |
| Article 5(1) | Article 8(7) | |
| Article 5(2) | Article 3(3), point m | |
| Article 6(1) | Article 9(1) and (2), Article 10, Article 13(2), Article 14 | |
| Article 6(2) | Article 13 and Article 14(1), second and third subparagraphs | |
| Article 6(3), first indent | Article 16, point (a) | |
| Article 6(3), second indent | Article 16, point (b) | |
| Article 6(3), third indent | Article 16, point (c) and (d) | |
| Article 6(3), fourth indent | Article 16, point (i) | |
| Article 6(3), fifth indent | Article 16, point (j) | |
| Article 6(3), sixth indent | Article 3(3), point (c) | |
| Article 6(4) | Article 15 | |
| Article 7(1) | Article 18(1) (for sales contracts) | |
| Article 7(2) | Article 18(2), (3) and (4) | |
| Article 7(3) | — | |
| Article 8 | — | |
| Article 9 | Article 27 | |
| Article 10 | — (but see Article 13 of Directive 2002/58/EC) | |
| Article 11(1) | Article 23(1) | |
| Article 11(2) | Article 23(2) | |
| Article 11(3), point (a) | Article 6(9) for the burden of proof concerning pre-contractual information; for the rest: – | |
| Article 11(3), point (b) | Article 24(1) | |
| Article 11(4) | — | |
| Article 12(1) | Article 25 | |
| Article 12(2) | — | |
| Article 13 | Article 3(2) | |
| Article 14 | Article 4 | |
| Article 15(1) | Article 28(1) | |
| Article 15(2) | Article 28(1) | |
| Article 15(3) | Article 28(1) | |
| Article 15(4) | Article 30 | |
| Article 16 | Article 26 | |
| Article 17 | — | |
| Article 18 | Article 34 | |
| Article 19 | Article 35 | |
| Article 5(1) | Articles 9 and 11 | |
| Article 5(2) | Article 12 | |
| Article 6 | Article 25 | |
| Article 7 | Articles 13, 14 and 15 | |
| Article 8 | Article 4 |
| Annex to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (1) | To be construed as a reference to |
| Paragraphs 2 and 11 | This Directive |
(1) OJ L 364, 9.12.2004, p. 1.