What changed, Directive 2011/83/EU

+ ## CHAPTER I / **SUBJECT MATTER, DEFINITIONS AND SCOPE**
− ### art_1
+ ### Article 1 — Subject matter
− Article 1
+ 
+ ### Article 2 — Definitions
+ 
+ For the purpose of this Directive, the following definitions shall apply:
+ 
+ (1) ‘consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession;
+ 
+ (2) ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by…
+ (3) ‘goods’ means any tangible movable items, with the exception of items sold by way of execution or otherwise by authority of law; water, gas and electricity shall be considered as goods within the meaning of this Directive where they are put up for sale in a limited volume or a set quantity;
− ### art_2
+ (4) ‘goods made to the consumer’s specifications’ means non-prefabricated goods made on the basis of an individual choice of or decision by the consumer;
− Article 2
+ (5) ‘sales contract’ means any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services;
− For the purpose of this Directive, the following definitions shall apply:
+ (6) ‘service contract’ means any contract other than a sales contract under which the trader supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof;
− | (1) | ‘consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession; |
− | --- | --- |
+ (7) ‘distance contract’ means any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up t…
− | (2) | ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covere…
− | --- | --- |
+ (8) ‘off-premises contract’ means any contract between the trader and the consumer:
− | (3) | ‘goods’ means any tangible movable items, with the exception of items sold by way of execution or otherwise by authority of law; water, gas and electricity shall be considered as goods within the meaning of this Directive where they are put up for sale in a limited volume or a set quantity; …
− | --- | --- |
+ (a) concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;
− | (4) | ‘goods made to the consumer’s specifications’ means non-prefabricated goods made on the basis of an individual choice of or decision by the consumer; |
− | --- | --- |
+ (b) for which an offer was made by the consumer in the same circumstances as referred to in point (a);
− | (5) | ‘sales contract’ means any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services; |
− | --- | --- |
+ (c) concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consume…
− | (6) | ‘service contract’ means any contract other than a sales contract under which the trader supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof; |
− | --- | --- |
+ (d) concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer;
− | (7) | ‘distance contract’ means any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication …
− | --- | --- |
+ (9) ‘business premises’ means:
− | (8) | ‘off-premises contract’ means any contract between the trader and the consumer:(a)concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;(b)for which an offer was made by the consumer in the same circumstanc…
− | --- | --- |
− | (a) | concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader; |
− | (b) | for which an offer was made by the consumer in the same circumstances as referred to in point (a); |
− | (c) | concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the con…
− | (d) | concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer; |
+ (a) any immovable retail premises where the trader carries out his activity on a permanent basis; or
− | (9) | ‘business premises’ means:(a)any immovable retail premises where the trader carries out his activity on a permanent basis; or(b)any movable retail premises where the trader carries out his activity on a usual basis; |
− | --- | --- |
− | (a) | any immovable retail premises where the trader carries out his activity on a permanent basis; or |
− | (b) | any movable retail premises where the trader carries out his activity on a usual basis; |
+ (b) any movable retail premises where the trader carries out his activity on a usual basis;
− | (10) | ‘durable medium’ means any instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the infor…
− | --- | --- |
+ (10) ‘durable medium’ means any instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the informati…
− | (11) | ‘digital content’ means data which are produced and supplied in digital form; |
− | --- | --- |
+ (11) ‘digital content’ means data which are produced and supplied in digital form;
− | (12) | ‘financial service’ means any service of a banking, credit, insurance, personal pension, investment or payment nature; |
− | --- | --- |
+ (12) ‘financial service’ means any service of a banking, credit, insurance, personal pension, investment or payment nature;
− | (13) | ‘public auction’ means a method of sale where goods or services are offered by the trader to consumers, who attend or are 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…
− | --- | --- |
+ (13) ‘public auction’ means a method of sale where goods or services are offered by the trader to consumers, who attend or are 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 …
− | (14) | ‘commercial guarantee’ means any undertaking by the trader or a producer (the guarantor) to the consumer, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specif…
− | --- | --- |
+ (14) ‘commercial guarantee’ means any undertaking by the trader or a producer (the guarantor) to the consumer, in addition to his legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specificat…
− | (15) | ‘ancillary contract’ means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract and where those goods are supplied or those services are provided by the trader or by a third party on the basis of an arrangement between that t…
− | --- | --- |
+ (15) ‘ancillary contract’ means a contract by which the consumer acquires goods or services related to a distance contract or an off-premises contract and where those goods are supplied or those services are provided by the trader or by a third party on the basis of an arrangement between that third…
− ### art_3
+ ### Article 3 — Scope
− Article 3
+ 
+ (a) for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including long-term care;
+ (b) for healthcare as defined in point (a) of Article 3 of Directive 2011/24/EU, whether or not they are provided via healthcare facilities;
− | (a) | for social services, including social housing, childcare and support of families and persons permanently or temporarily in need, including long-term care; |
− | --- | --- |
+ (c) for gambling, which involves wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions;
− | (b) | for healthcare as defined in point (a) of Article 3 of Directive 2011/24/EU, whether or not they are provided via healthcare facilities; |
− | --- | --- |
+ (d) for financial services;
− | (c) | for gambling, which involves wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions; |
− | --- | --- |
+ (e) for the creation, acquisition or transfer of immovable property or of rights in immovable property;
− | (d) | for financial services; |
− | --- | --- |
+ (f) for the construction of new buildings, the substantial conversion of existing buildings and for rental of accommodation for residential purposes;
− | (e) | for the creation, acquisition or transfer of immovable property or of rights in immovable property; |
− | --- | --- |
+ (g) on packages as defined in point 2 of Article 3 of Directive (EU) 2015/2302 of the European Parliament and of the Council (1).
− | (f) | for the construction of new buildings, the substantial conversion of existing buildings and for rental of accommodation for residential purposes; |
− | --- | --- |
+ Article 6(7), Article 8(2) and (6) and Articles 19, 21 and 22 of this Directive shall apply *mutatis mutandis* to packages as defined in point 2 of Article 3 of Directive (EU) 2015/2302 in relation to travellers as defined in point 6 of Article 3 of that Directive;
− | (g) | which fall within the scope of Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (18); |
− | --- | --- |
+ (h) which fall within the scope of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (2);
− | (h) | which fall within the scope of Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (19); |
− | --- | --- |
+ (i) which, in accordance with the laws of Member States, are 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 l…
− | (i) | which, in accordance with the laws of Member States, are 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 caref…
− | --- | --- |
+ (j) for the supply of foodstuffs, beverages or other goods 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;
− | (j) | for the supply of foodstuffs, beverages or other goods 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; |
− | --- | --- |
+ (k) for passenger transport services, with the exception of Article 8(2) and Articles 19 and 22;
− | (k) | for passenger transport services, with the exception of Article 8(2) and Articles 19 and 22; |
− | --- | --- |
+ (l) concluded by means of automatic vending machines or automated commercial premises;
− | (l) | concluded by means of automatic vending machines or automated commercial premises; |
− | --- | --- |
+ (m) concluded with telecommunications operators through public payphones for their use or concluded for the use of one single connection by telephone, Internet or fax established by a consumer.
− | (m) | concluded with telecommunications operators through public payphones for their use or concluded for the use of one single connection by telephone, Internet or fax established by a consumer. |
− | --- | --- |
+ ### Article 4 — Level of harmonisation
− ### art_4
− Article 4
− 
+ ## CHAPTER II / **CONSUMER INFORMATION FOR CONTRACTS OTHER THAN DISTANCE OR OFF-PREMISES CONTRACTS**
− ### art_5
+ ### Article 5 — Information requirements for contracts other than distance or off-premises contracts
− Article 5
+ (a) the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services;
− | (a) | the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services; |
− | --- | --- |
+ (b) the identity of the trader, such as his trading name, the geographical address at which he is established and his telephone number;
− | (b) | the identity of the trader, such as his trading name, the geographical address at which he is established and his telephone number; |
− | --- | --- |
+ (c) the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal…
− | (c) | the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or po…
− | --- | --- |
+ (d) where applicable, the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the service, and the trader’s complaint handling policy;
− | (d) | where applicable, the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the service, and the trader’s complaint handling policy; |
− | --- | --- |
+ (e) in addition to a reminder of the existence of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable;
− | (e) | in addition to a reminder of the existence of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable; |
− | --- | --- |
+ (f) the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;
− | (f) | the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract; |
− | --- | --- |
+ (g) where applicable, the functionality, including applicable technical protection measures, of digital content;
− | (g) | where applicable, the functionality, including applicable technical protection measures, of digital content; |
− | --- | --- |
+ (h) where applicable, any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.
− | (h) | where applicable, any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of. |
− | --- | --- |
+ ## CHAPTER III / **CONSUMER INFORMATION AND RIGHT OF WITHDRAWAL FOR DISTANCE AND OFF-PREMISES CONTRACTS**
− ### art_6
+ ### Article 6 — Information requirements for distance and off-premises contracts
− Article 6
+ (a) the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services;
− | (a) | the main characteristics of the goods or services, to the extent appropriate to the medium and to the goods or services; |
− | --- | --- |
+ (b) the identity of the trader, such as his trading name;
− | (b) | the identity of the trader, such as his trading name; |
− | --- | --- |
+ (c) the geographical address at which the trader is established and the trader’s telephone number, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and communicate with him efficiently and, where applicable, the geographical address and identity of…
− | (c) | the geographical address at which the trader is established and the trader’s telephone number, fax number and e-mail address, where available, to enable the consumer to contact the trader quickly and communicate with him efficiently and, where applicable, the geographical address and identit…
− | --- | --- |
+ (d) if different from the address provided in accordance with point (c), the geographical address of the place of business of the trader, and, where applicable, that of the trader on whose behalf he is acting, where the consumer can address any complaints;
− | (d) | if different from the address provided in accordance with point (c), the geographical address of the place of business of the trader, and, where applicable, that of the trader on whose behalf he is acting, where the consumer can address any complaints; |
− | --- | --- |
+ (e) the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal…
− | (e) | the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or po…
− | --- | --- |
+ (f) the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate;
− | (f) | the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate; |
− | --- | --- |
+ (g) the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the services and, where applicable, the trader’s complaint handling policy;
− | (g) | the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the services and, where applicable, the trader’s complaint handling policy; |
− | --- | --- |
+ (h) where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with Article 11(1), as well as the model withdrawal form set out in Annex I(B);
− | (h) | where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right in accordance with Article 11(1), as well as the model withdrawal form set out in Annex I(B); |
− | --- | --- |
+ (i) where applicable, that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;
− | (i) | where applicable, that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods; |
− | --- | --- |
+ (j) that, if the consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall be liable to pay the trader reasonable costs in accordance with Article 14(3);
− | (j) | that, if the consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall be liable to pay the trader reasonable costs in accordance with Article 14(3); |
− | --- | --- |
+ (k) where a right of withdrawal is not provided for in accordance with Article 16, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses his right of withdrawal;
− | (k) | where a right of withdrawal is not provided for in accordance with Article 16, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses his right of withdrawal; |
− | --- | --- |
+ (l) a reminder of the existence of a legal guarantee of conformity for goods;
− | (l) | a reminder of the existence of a legal guarantee of conformity for goods; |
− | --- | --- |
+ (m) where applicable, the existence and the conditions of after sale customer assistance, after-sales services and commercial guarantees;
− | (m) | where applicable, the existence and the conditions of after sale customer assistance, after-sales services and commercial guarantees; |
− | --- | --- |
+ (n) the existence of relevant codes of conduct, as defined in point (f) of Article 2 of Directive 2005/29/EC, and how copies of them can be obtained, where applicable;
− | (n) | the existence of relevant codes of conduct, as defined in point (f) of Article 2 of Directive 2005/29/EC, and how copies of them can be obtained, where applicable; |
− | --- | --- |
+ (o) the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;
− | (o) | the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract; |
− | --- | --- |
+ (p) where applicable, the minimum duration of the consumer’s obligations under the contract;
− | (p) | where applicable, the minimum duration of the consumer’s obligations under the contract; |
− | --- | --- |
+ (q) where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;
− | (q) | where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader; |
− | --- | --- |
+ (r) where applicable, the functionality, including applicable technical protection measures, of digital content;
− | (r) | where applicable, the functionality, including applicable technical protection measures, of digital content; |
− | --- | --- |
+ (s) where applicable, any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of;
− | (s) | where applicable, any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of; |
− | --- | --- |
+ (t) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it.
− | (t) | where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it. |
− | --- | --- |
− 
− ### art_7
+ ### Article 7 — Formal requirements for off-premises contracts
− Article 7
+ (a) the trader shall provide the consumer with the information referred to in points (b) and (c) of Article 6(1) and information about the price or the manner in which the price is to be calculated together with an estimate of the total price, on paper or, if the consumer agrees, on another durable …
− | (a) | the trader shall provide the consumer with the information referred to in points (b) and (c) of Article 6(1) and information about the price or the manner in which the price is to be calculated together with an estimate of the total price, on paper or, if the consumer agrees, on another dura…
− | --- | --- |
+ (b) the confirmation of the contract provided in accordance with paragraph 2 of this Article shall contain the information provided for in Article 6(1).
− | (b) | the confirmation of the contract provided in accordance with paragraph 2 of this Article shall contain the information provided for in Article 6(1). |
− | --- | --- |
+ ### Article 8 — Formal requirements for distance contracts
− ### art_8
− 
− Article 8
+ (a) all the information referred to in Article 6(1) unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract; and
− | (a) | all the information referred to in Article 6(1) unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract; and |
− | --- | --- |
+ (b) where applicable, the confirmation of the consumer’s prior express consent and acknowledgment in accordance with point (m) of Article 16.
− | (b) | where applicable, the confirmation of the consumer’s prior express consent and acknowledgment in accordance with point (m) of Article 16. |
− | --- | --- |
+ ### Article 9 — Right of withdrawal
− ### art_9
− 
− Article 9
+ (a) in the case of service contracts, the day of the conclusion of the contract;
+ 
+ (b) in the case of sales contracts, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or:
+ 
+ (i) in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good;
+ 
+ (ii) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece;
− | (a) | in the case of service contracts, the day of the conclusion of the contract; |
− | --- | --- |
+ (iii) in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good;
− | (b) | in the case of sales contracts, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or:(i)in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which th…
− | --- | --- |
− | (i) | in the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good; |
− | (ii) | in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece; |
− | (iii) | in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good; |
+ (c) in the case of contracts 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, the day of the conclusion of the contract.
− | (c) | in the case of contracts 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, the day of the conclusion of the contract. |
− | --- | --- |
+ ### Article 10 — Omission of information on the right of withdrawal
− ### art_10
− 
− Article 10
− 
− ### art_11
+ ### Article 11 — Exercise of the right of withdrawal
− Article 11
+ (a) use the model withdrawal form as set out in Annex I(B); or
− | (a) | use the model withdrawal form as set out in Annex I(B); or |
− | --- | --- |
+ (b) make any other unequivocal statement setting out his decision to withdraw from the contract.
− | (b) | make any other unequivocal statement setting out his decision to withdraw from the contract. |
− | --- | --- |
− 
− ### art_12
+ ### Article 12 — Effects of withdrawal
− Article 12
+ (a) to perform the distance or off-premises contract; or
− | (a) | to perform the distance or off-premises contract; or |
− | --- | --- |
+ (b) to conclude the distance or off-premises contract, in cases where an offer was made by the consumer.
− | (b) | to conclude the distance or off-premises contract, in cases where an offer was made by the consumer. |
− | --- | --- |
+ ### Article 13 — Obligations of the trader in the event of withdrawal
− ### art_13
− 
− Article 13
+ ### Article 14 — Obligations of the consumer in the event of withdrawal
− ### art_14
− Article 14
− 
+ 
+ (a) the performance 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, in full or in part, during the withdrawal period, where:
+ (i) the trader has failed to provide information in accordance with points (h) or (j) of Article 6(1); or
+ 
+ (ii) the consumer has not expressly requested performance to begin during the withdrawal period in accordance with Article 7(3) and Article 8(8); or
+ 
+ (b) the supply, in full or in part, of digital content which is not supplied on a tangible medium where:
+ 
+ (i) the consumer has not given his prior express consent to the beginning of the performance before the end of the 14-day period referred to in Article 9;
+ 
+ (ii) the consumer has not acknowledged that he loses his right of withdrawal when giving his consent; or
− | (a) | the performance 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, in full or in part, during the withdrawal period, where:(i)the trader has failed to provide information in accordance with p…
− | --- | --- |
− | (i) | the trader has failed to provide information in accordance with points (h) or (j) of Article 6(1); or |
− | (ii) | the consumer has not expressly requested performance to begin during the withdrawal period in accordance with Article 7(3) and Article 8(8); or |
+ (iii) the trader has failed to provide confirmation in accordance with Article 7(2) or Article 8(7).
− | (b) | the supply, in full or in part, of digital content which is not supplied on a tangible medium where:(i)the consumer has not given his prior express consent to the beginning of the performance before the end of the 14-day period referred to in Article 9;(ii)the consumer has not acknowledged t…
− | --- | --- |
− | (i) | the consumer has not given his prior express consent to the beginning of the performance before the end of the 14-day period referred to in Article 9; |
− | (ii) | the consumer has not acknowledged that he loses his right of withdrawal when giving his consent; or |
− | (iii) | the trader has failed to provide confirmation in accordance with Article 7(2) or Article 8(7). |
+ ### Article 15 — Effects of the exercise of the right of withdrawal on ancillary contracts
− ### art_15
− 
− Article 15
+ 1. Without prejudice to Article 15 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers (3), if the consumer exercises his right of withdrawal from a distance or an off-premises contract in accordance with Articles 9 to 14 of this …
− 1. Without prejudice to Article 15 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers (20), if the consumer exercises his right of withdrawal from a distance or an off-premises contract in accordance with Articles 9 to 14 of this…
+ ### Article 16 — Exceptions from the right of withdrawal
− ### art_16
− Article 16
− 
+ (a) service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
− | (a) | service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader; |
− | --- | --- |
+ (b) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
− | (b) | the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period; |
− | --- | --- |
+ (c) the supply of goods made to the consumer’s specifications or clearly personalised;
− | (c) | the supply of goods made to the consumer’s specifications or clearly personalised; |
− | --- | --- |
+ (d) the supply of goods which are liable to deteriorate or expire rapidly;
− | (d) | the supply of goods which are liable to deteriorate or expire rapidly; |
− | --- | --- |
+ (e) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
− | (e) | the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; |
− | --- | --- |
+ (f) the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
− | (f) | the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items; |
− | --- | --- |
+ (g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trade…
− | (g) | the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the t…
− | --- | --- |
+ (h) contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replaceme…
− | (h) | contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than repla…
− | --- | --- |
+ (i) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
− | (i) | the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; |
− | --- | --- |
+ (j) the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
− | (j) | the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications; |
− | --- | --- |
+ (k) contracts concluded at a public auction;
− | (k) | contracts concluded at a public auction; |
− | --- | --- |
+ (l) the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
− | (l) | the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance; |
− | --- | --- |
+ (m) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
− | (m) | the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal. |
− | --- | --- |
+ ## CHAPTER IV / **OTHER CONSUMER RIGHTS**
− ### art_17
+ ### Article 17 — Scope
− Article 17
+ ### Article 18 — Delivery
− ### art_18
− 
− Article 18
+ ### Article 19 — Fees for the use of means of payment
− ### art_19
− Article 19
− 
+ ### Article 20 — Passing of risk
− ### art_20
− Article 20
− 
+ ### Article 21 — Communication by telephone
− ### art_21
− 
− Article 21
− 
− ### art_22
+ ### Article 22 — Additional payments
− Article 22
+ ## CHAPTER V / **GENERAL PROVISIONS**
− ### art_23
+ ### Article 23 — Enforcement
− Article 23
+ (a) public bodies or their representatives;
− | (a) | public bodies or their representatives; |
− | --- | --- |
+ (b) consumer organisations having a legitimate interest in protecting consumers;
− | (b) | consumer organisations having a legitimate interest in protecting consumers; |
− | --- | --- |
+ (c) professional organisations having a legitimate interest in acting.
− | (c) | professional organisations having a legitimate interest in acting. |
− | --- | --- |
+ ### Article 24 — Penalties
− ### art_24
− Article 24
− 
+ ### Article 25 — Imperative nature of the Directive
− ### art_25
− 
− Article 25
+ ### Article 26 — Information
− ### art_26
− 
− Article 26
+ ### Article 27 — Inertia selling
− ### art_27
− Article 27
− 
+ ### Article 28 — Transposition
− ### art_28
− Article 28
− 
+ ### Article 29 — Reporting requirements
− ### art_29
− 
− Article 29
− 
− ### art_30
+ ### Article 30 — Reporting by the Commission and review
− Article 30
+ ## CHAPTER VI / **FINAL PROVISIONS**
− ### art_31
+ ### Article 31 — Repeals
− Article 31
+ Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (4) and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
− Directive 85/577/EEC and Directive 97/7/EC, as amended by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (21) and by Directives 2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
+ ### Article 32 — Amendment to Directive 93/13/EEC
− ### art_32
− 
− Article 32
+ — extend the unfairness assessment to individually negotiated contractual terms or to the adequacy of the price or remuneration; or,
− | — | extend the unfairness assessment to individually negotiated contractual terms or to the adequacy of the price or remuneration; or, |
− | --- | --- |
+ — contain lists of contractual terms which shall be considered as unfair,
− | — | contain lists of contractual terms which shall be considered as unfair, |
− | --- | --- |
+ ### Article 33 — Amendment to Directive 1999/44/EC
− ### art_33
− 
− Article 33
+ 
+ ### Article 34 — Entry into force
+ 
+ This Directive shall enter into force on the 20th day following its publication in the *Official Journal of the European Union*.
+ 
+ ### Article 35 — Addressees
+ 
+ This Directive is addressed to the Member States.
+ 
+ ### ANNEX I
+ 
+ **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
+ 
+ 1
+ 
+ .
+ 
+ To exercise the right of withdrawal, you must inform us (
+ 
+ 2
+ 
+ ) 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.
+ 
+ 3
+ 
+ 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), witho…
+ 
+ 4
+ 
+ 5
+ 
+ 6
+ 
+ Instructions for completion:
+ 
+ 1.
+ 
+ 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.’.
+ 
… diff truncated at 500 changed lines …