Directive 2011/83/EU of the European Parliament and of the Council

DIRECTIVES

DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 October 2011

on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the

European Parliament and of the Council and repealing Council Directive 85/577/EEC and

Directive 97/7/EC of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE

EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and

Social Committee (

Having regard to the opinion of the Committee of the

Regions (

Acting in accordance with the ordinary legislative procedure (

Whereas:

(1)

Council Directive 85/577/EEC of 20 December 1985 to

protect the consumer in respect of contracts negotiated

away from business premises (

) and Directive 97/7/EC of

the European Parliament and of the Council of 20 May

1997 on the protection of consumers in respect of

distance contracts (

) lay down a number of contractual

rights for consumers.

(2)

Those Directives have been reviewed in the light of

experience with a view to simplifying and updating the

applicable rules, removing inconsistencies and closing

unwanted gaps in the rules. That review has shown

that it is appropriate to replace those two Directives by

a single Directive. This Directive should therefore lay

down standard rules for the common aspects of

distance and off-premises contracts, moving away from

the minimum harmonisation approach in the former

Directives whilst allowing Member States to maintain

or adopt national rules in relation to certain aspects.

(3)

Article 169(1) and point (a) of Article 169(2) of the

Treaty on the Functioning of the European Union

(TFEU) provide that the Union is to contribute to the

attainment of a high level of consumer protection

through the measures adopted pursuant to Article 114

thereof.

(4)

In accordance with Article 26(2) TFEU, the internal

market is to comprise an area without internal frontiers

in which the free movement of goods and services and

freedom of establishment are ensured. The harmonisation

of certain aspects of consumer distance and off-premises

contracts is necessary for the promotion of a real

consumer internal market striking the right balance

between a high level of consumer protection and the

competitiveness of enterprises, while ensuring respect

for the principle of subsidiarity.

(5)

The cross-border potential of distance selling, which

should be one of the main tangible results of the

internal market, is not fully exploited. Compared with

the significant growth of domestic distance sales over

the last few years, the growth in cross-border distance

sales has been limited. This discrepancy is particularly

significant for Internet sales for which the potential for

further growth is high. The cross-border potential of

contracts negotiated away from business premises

(direct selling) is constrained by a number of factors

including the different national consumer protection

rules imposed upon the industry. Compared with the

growth of domestic direct selling over the last few

years, in particular in the services sector, for instance

utilities, the number of consumers using this channel

for cross-border purchases has remained flat. Responding

to increased business opportunities in many Member

States, small and medium-sized enterprises (including

individual traders) or agents of direct selling companies

L 304/64 Official Journal of the European Union 22.11.2011

(

) OJ C 317, 23.12.2009, p. 54.

(

) OJ C 200, 25.8.2009, p. 76.

(

) Position of the European Parliament of 23 June 2011 (not yet

published in the Official Journal) and decision of the Council of

10 October 2011.

(

) OJ L 372, 31.12.1985, p. 31.

(

) OJ L 144, 4.6.1997, p. 19.

should be more inclined to seek business opportunities

in other Member States, in particular in border regions.

Therefore the full harmonisation of consumer

information and the right of withdrawal in distance

and off-premises contracts will contribute to a high

level of consumer protection and a better functioning

of the business-to-consumer internal market.

(6)

Certain disparities create significant internal market

barriers affecting traders and consumers. Those disparities

increase compliance costs to traders wishing to engage in

the cross-border sale of goods or provision of services.

Disproportionate fragmentation also undermines

consumer confidence in the internal market.

(7)

Full harmonisation of some key regulatory aspects should

considerably increase legal certainty for both consumers

and traders. Both consumers and traders should be able

to rely on a single regulatory framework based on clearly

defined legal concepts regulating certain aspects of

business-to-consumer contracts across the Union. The

effect of such harmonisation should be to eliminate the

barriers stemming from the fragmentation of the rules

and to complete the internal market in this area. Those

barriers can only be eliminated by establishing uniform

rules at Union level. Furthermore consumers should

enjoy a high common level of protection across the

Union.

(8)

The regulatory aspects to be harmonised should only

concern contracts concluded between traders and

consumers. Therefore, this Directive should not affect

national law in the area of contracts relating to

employment, contracts relating to succession rights,

contracts relating to family law and contracts relating

to the incorporation and organisation of companies or

partnership agreements.

(9)

This Directive establishes rules on information to be

provided for distance contracts, off-premises contracts

and contracts other than distance and off-premises

contracts. This Directive also regulates the right of with

drawal for distance and off-premises contracts and

harmonises certain provisions dealing with the

performance and some other aspects of business-to-

consumer contracts.

(10)

This Directive should be without prejudice to Regulation

(EC) No 593/2008 of the European Parliament and of the

Council of 17 June 2008 on the law applicable to

contractual obligations (Rome I) (

(11)

This Directive should be without prejudice to Union

provisions relating to specific sectors, such as medicinal

products for human use, medical devices, privacy and

electronic communications, patients’ rights in cross-

border healthcare, food labelling and the internal

market for electricity and natural gas.

(12)

The information requirements provided for in this

Directive should complete the information requirements

of Directive 2006/123/EC of the European Parliament

and of the Council of 12 December 2006 on services

in the internal market (

) and Directive 2000/31/EC of

the European Parliament and of the Council of 8 June

2000 on certain legal aspects of information society

services, in particular electronic commerce, in the

Internal Market (‘Directive on electronic commerce’) (

Member States should retain the possibility to impose

additional information requirements applicable to

service providers established in their territory.

(13)

Member States should remain competent, in accordance

with Union law, to apply the provisions of this Directive

to areas not falling within its scope. Member States may

therefore maintain or introduce national legislation corre

sponding to the provisions of this Directive, or certain of

its provisions, in relation to contracts that fall outside the

scope of this Directive. For instance, Member States may

decide to extend the application of the rules of this

Directive to legal persons or to natural persons who

are not consumers within the meaning of this Directive,

such as non-governmental organisations, start-ups or

small and medium-sized enterprises. Similarly, Member

States may apply the provisions of this Directive to

contracts that are not distance contracts within the

meaning of this Directive, for example because they are

not concluded under an organised distance sales or

service-provision scheme. Moreover, Member States may

also maintain or introduce national provisions on issues

not specifically addressed in this Directive, such as addi

tional rules concerning sales contracts, including in

relation to the delivery of goods, or requirements for

the provision of information during the existence of a

contract.

(14)

This Directive should not affect national law in the area

of contract law for contract law aspects that are not

regulated by this Directive. Therefore, this Directive

should be without prejudice to national law regulating

for instance the conclusion or the validity of a contract

(for instance in the case of lack of consent). Similarly,

this Directive should not affect national law in relation to

the general contractual legal remedies, the rules on public

economic order, for instance rules on excessive or extor

tionate prices, and the rules on unethical legal trans

actions.

22.11.2011 Official Journal of the European Union L 304/65

(

) OJ L 177, 4.7.2008, p. 6.

(

) OJ L 376, 27.12.2006, p. 36.

(

) OJ L 178, 17.7.2000, p. 1.

(15)

This Directive should not harmonise language

requirements applicable to consumer contracts.

Therefore, Member States may maintain or introduce in

their national law language requirements regarding

contractual information and contractual terms.

(16) This Directive should not affect national laws on legal

representation such as the rules relating to the person

who is acting in the name of the trader or on his behalf

(such as an agent or a trustee). Member States should

remain competent in this area. This Directive should

apply to all traders, whether public or private.

(17)

The definition of consumer should cover natural persons

who are acting outside their trade, business, craft or

profession. However, in the case of dual purpose

contracts, where the contract is concluded for purposes

partly within and partly outside the person’s trade and

the trade purpose is so limited as not to be predominant

in the overall context of the contract, that person should

also be considered as a consumer.

(18)

This Directive does not affect the freedom of Member

States to define, in conformity with Union law, what they

consider to be services of general economic interest, how

those services should be organised and financed, in

compliance with State aid rules, and which specific obli

gations they should be subject to.

(19)

Digital content means data which are produced and

supplied in digital form, such as computer programs,

applications, games, music, videos or texts, irrespective

of whether they are accessed through downloading or

streaming, from a tangible medium or through any

other means. Contracts for the supply of digital content

should fall within the scope of this Directive. If digital

content is supplied on a tangible medium, such as a CD

or a DVD, it should be considered as goods within the

meaning of this Directive. Similarly to contracts for 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, contracts for digital content which is not

supplied on a tangible medium should be classified, for

the purpose of this Directive, neither as sales contracts

nor as service contracts. For such contracts, the

consumer should have a right of withdrawal unless he

has consented to the beginning of the performance of

the contract during the withdrawal period and has

acknowledged that he will consequently lose the right

to withdraw from the contract. In addition to the

general information requirements, the trader should

inform the consumer about the functionality and the

relevant interoperability of digital content. The notion

of functionality should refer to the ways in which

digital content can be used, for instance for the

tracking of consumer behaviour; it should also refer to

the absence or presence of any technical restrictions such

as protection via Digital Rights Management or region

coding. The notion of relevant interoperability is meant

to describe the information regarding the standard

hardware and software environment with which the

digital content is compatible, for instance the operating

system, the necessary version and certain hardware

features. The Commission should examine the need for

further harmonisation of provisions in respect of digital

content and submit, if necessary, a legislative proposal

for addressing this matter.

(20)

The definition of distance contract should cover all cases

where a contract is concluded between the trader and the

consumer under an organised distance sales or service-

provision scheme, with the exclusive use of one or more

means of distance communication (such as mail order,

Internet, telephone or fax) up to and including the time

at which the contract is concluded. That definition

should also cover situations where the consumer visits

the business premises merely for the purpose of

gathering information about the goods or services and

subsequently negotiates and concludes the contract at a

distance. By contrast, a contract which is negotiated at

the business premises of the trader and finally concluded

by means of distance communication should not be

considered a distance contract. Neither should a

contract initiated by means of distance communication,

but finally concluded at the business premises of the

trader be considered a distance contract. Similarly, the

concept of distance contract should not include reser

vations made by a consumer through a means of

distance communications to request the provision of a

service from a professional, such as in the case of a

consumer phoning to request an appointment with a

hairdresser. The notion of an organised distance sales

or service-provision scheme should include those

schemes offered by a third party other than the trader

but used by the trader, such as an online platform. It

should not, however, cover cases where websites merely

offer information on the trader, his goods and/or services

and his contact details.

(21)

An off-premises contract should be defined as a contract

concluded with the simultaneous physical presence of the

trader and the consumer, in a place which is not the

business premises of the trader, for example at the

consumer’s home or workplace. In an off-premises

context, the consumer may be under potential psycho

logical pressure or may be confronted with an element of

surprise, irrespective of whether or not the consumer has

solicited the trader’s visit. The definition of an off-

premises contract should also include situations where

the consumer is personally and individually addressed

in an off-premises context but the contract is

concluded immediately afterwards on the business

premises of the trader or through a means of distance

communication. The definition of an off-premises

contract should not cover situations in which the

L 304/66 Official Journal of the European Union 22.11.2011

trader first comes to the consumer’s home strictly with a

view to taking measurements or giving an estimate

without any commitment of the consumer and where

the contract is then concluded only at a later point in

time on the business premises of the trader or via means

of distance communication on the basis of the trader’s

estimate. In those cases, the contract is not to be

considered as having been concluded immediately after

the trader has addressed the consumer if the consumer

has had time to reflect upon the estimate of the trader

before concluding the contract. Purchases made during

an excursion organised by the trader during which the

products acquired are promoted and offered for sale

should be considered as off-premises contracts.

(22)

Business premises should include premises in whatever

form (such as shops, stalls or lorries) which serve as a

permanent or usual place of business for the trader.

Market stalls and fair stands should be treated as

business premises if they fulfil this condition. Retail

premises where the trader carries out his activity on a

seasonal basis, for instance during the tourist season at a

ski or beach resort, should be considered as business

premises as the trader carries out his activity in those

premises on a usual basis. Spaces accessible to the

public, such as streets, shopping malls, beaches, sports

facilities and public transport, which the trader uses on

an exceptional basis for his business activities as well as

private homes or workplaces should not be regarded as

business premises. The business premises of a person

acting in the name or on behalf of the trader as

defined in this Directive should be considered as

business premises within the meaning of this Directive.

(23)

Durable media should enable the consumer to store the

information for as long as it is necessary for him to

protect his interests stemming from his relationship

with the trader. Such media should include in particular

paper, USB sticks, CD-ROMs, DVDs, memory cards or

the hard disks of computers as well as e-mails.

(24)

A public auction implies that traders and consumers

attend or are given the possibility to attend the auction

in person. The goods or services are offered by the trader

to the consumer through a bidding procedure authorised

by law in some Member States, to offer goods or services

at public sale. The successful bidder is bound to purchase

the goods or services. The use of online platforms for

auction purposes which are at the disposal of consumers

and traders should not be considered as a public auction

within the meaning of this Directive.

(25)

Contracts related to district heating should be covered by

this Directive, similarly to the contracts for the supply of

water, gas or electricity. District heating refers to the

supply of heat, inter alia, in the form of steam or hot

water, from a central source of production through a

transmission and distribution system to multiple

buildings, for the purpose of heating.

(26)

Contracts related to the transfer of immovable property

or of rights in immovable property or to the creation or

acquisition of such immovable property or rights,

contracts for the construction of new buildings or the

substantial conversion of existing buildings as well as

contracts for the rental of accommodation for residential

purposes are already subject to a number of specific

requirements in national legislation. Those contracts

include for instance sales of immovable property still

to be developed and hire-purchase. The provisions of

this Directive are not appropriate to those contracts,

which should be therefore excluded from its scope. A

substantial conversion is a conversion comparable to

the construction of a new building, for example where

only the façade of an old building is retained. Service

contracts in particular those related to the construction

of annexes to buildings (for example a garage or a

veranda) and those related to repair and renovation of

buildings other than substantial conversion, should be

included in the scope of this Directive, as well as

contracts related to the services of a real estate agent

and those related to the rental of accommodation for

non-residential purposes.

(27) Transport services cover passenger transport and

transport of goods. Passenger transport should be

excluded from the scope of this Directive as it is

already subject to other Union legislation or, in the

case of public transport and taxis, to regulation at

national level. However, the provisions of this Directive

protecting consumers against excessive fees for the use of

means of payment or against hidden costs should apply

also to passenger transport contracts. In relation to

transport of goods and car rental which are services,

consumers should benefit from the protection afforded

by this Directive, with the exception of the right of with

drawal.

(28)

In order to avoid administrative burden being placed on

traders, Member States may decide not to apply this

Directive where goods or services of a minor value are

sold off-premises. The monetary threshold should be

established at a sufficiently low level as to exclude only

purchases of small significance. Member States should be

allowed to define this value in their national legislation

provided that it does not exceed EUR 50. Where two or

more contracts with related subjects are concluded at the

same time by the consumer, the total cost thereof should

be taken into account for the purpose of applying this

threshold.

22.11.2011 Official Journal of the European Union L 304/67

(29)

Social services have fundamentally distinct features that

are reflected in sector-specific legislation, partially at

Union level and partially at national level. Social

services include, on the one hand, services for particularly

disadvantaged or low income persons as well as services

for persons and families in need of assistance in carrying

out routine, everyday tasks and, on the other hand,

services for all people who have a special need for

assistance, support, protection or encouragement in a

specific life phase. Social services cover, inter alia,

services for children and youth, assistance services for

families, single parents and older persons, and services

for migrants. Social services cover both short-term and

long-term care services, for instance services provided by

home care services or provided in assisted living facilities

and residential homes or housing (‘nursing homes’).

Social services include not only those provided by the

State at a national, regional or local level by providers

mandated by the State or by charities recognised by the

State but also those provided by private operators. The

provisions of this Directive are not appropriate to social

services which should be therefore excluded from its

scope.

(30)

Healthcare requires special regulations because of its

technical complexity, its importance as a service of

general interest as well as its extensive public funding.

Healthcare is defined in Directive 2011/24/EU of the

European Parliament and of the Council of 9 March

2011 on the application of patients’ rights in cross-

border healthcare (

) as ‘health services provided by

health professionals to patients to assess, maintain or

restore their state of health, including the prescription,

dispensation and provision of medicinal products and

medical devices’. Health professional is defined in that

Directive as a doctor of medicine, a nurse responsible

for general care, a dental practitioner, a midwife or a

pharmacist within the meaning of Directive 2005/36/EC

of the European Parliament and of the Council of

7 September 2005 on the recognition of professional

qualifications (

) or another professional exercising

activities in the healthcare sector which are restricted to

a regulated profession as defined in point (a) of

Article 3(1) of Directive 2005/36/EC, or a person

considered to be a health professional according to the

legislation of the Member State of treatment. The

provisions of this Directive are not appropriate to

healthcare which should be therefore excluded from its

scope.

(31)

Gambling should be excluded from the scope of this

Directive. Gambling activities are those which involve

wagering at stake with pecuniary value in games of

chance, including lotteries, gambling in casinos and

betting transactions. Member States should be able to

adopt other, including more stringent, consumer

protection measures in relation to such activities.

(32)

The existing Union legislation, inter alia, relating to

consumer financial services, package travel and

timeshare contains numerous rules on consumer

protection. For this reason, this Directive should not

apply to contracts in those areas. With regard to

financial services, Member States should be encouraged

to draw inspiration from existing Union legislation in

that area when legislating in areas not regulated at

Union level, in such a way that a level playing field for

all consumers and all contracts relating to financial

services is ensured.

(33)

The trader should be obliged to inform the consumer in

advance of any arrangement resulting in the consumer

paying a deposit to the trader, including an arrangement

whereby an amount is blocked on the consumer’s credit

or debit card.

(34)

The trader should give the consumer clear and compre

hensible information before the consumer is bound by a

distance or off-premises contract, a contract other than a

distance or an off-premises contract, or any corre

sponding offer. In providing that information, the

trader should take into account the specific needs of

consumers who are particularly vulnerable because of

their mental, physical or psychological infirmity, age or

credulity in a way which the trader could reasonably be

expected to foresee. However, taking into account such

specific needs should not lead to different levels of

consumer protection.

(35)

The information to be provided by the trader to the

consumer should be mandatory and should not be

altered. Nevertheless, the contracting parties should be

able to expressly agree to change the content of the

contract subsequently concluded, for instance the

arrangements for delivery.

(36)

In the case of distance contracts, the information

requirements should be adapted to take into account

the technical constraints of certain media, such as the

restrictions on the number of characters on certain

mobile telephone screens or the time constraint on

television sales spots. In such cases the trader should

comply with a minimum set of information requirements

and refer the consumer to another source of information,

for instance by providing a toll free telephone number or

a hypertext link to a webpage of the trader where the

relevant information is directly available and easily

accessible. As to the requirement to inform the

consumer of the cost of returning goods which by

their nature cannot normally be returned by post, it

will be considered to have been met, for example, if

the trader specifies one carrier (for instance the one he

assigned for the delivery of the good) and one price

concerning the cost of returning the goods. Where the

L 304/68 Official Journal of the European Union 22.11.2011

(

) OJ L 88, 4.4.2011, p. 45.

(

) OJ L 255, 30.9.2005, p. 22.

cost of returning the goods cannot reasonably be

calculated in advance by the trader, for example

because the trader does not offer to arrange for the

return of the goods himself, the trader should provide

a statement that such a cost will be payable, and that this

cost may be high, along with a reasonable estimation of

the maximum cost, which could be based on the cost of

delivery to the consumer.

(37)

Since in the case of distance sales, the consumer is not

able to see the goods before concluding the contract, he

should have a right of withdrawal. For the same reason,

the consumer should be allowed to test and inspect the

goods he has bought to the extent necessary to establish

the nature, characteristics and the functioning of the

goods. Concerning off-premises contracts, the consumer

should have the right of withdrawal because of the

potential surprise element and/or psychological

pressure. Withdrawal from the contract should

terminate the obligation of the contracting parties to

perform the contract.

(38)

Trading websites should indicate clearly and legibly at the

latest at the beginning of the ordering process whether

any delivery restrictions apply and which means of

payment are accepted.

(39)

It is important to ensure for distance contracts concluded

through websites that the consumer is able to fully read

and understand the main elements of the contract before

placing his order. To that end, provision should be made

in this Directive for those elements to be displayed in the

close vicinity of the confirmation requested for placing

the order. It is also important to ensure that, in such

situations, the consumer is able to determine the

moment at which he assumes the obligation to pay the

trader. Therefore, the consumer’s attention should

specifically be drawn, through an unambiguous formu

lation, to the fact that placing the order entails the obli

gation to pay the trader.

(40)

The current varying lengths of the withdrawal periods

both between the Member States and for distance and

off-premises contracts cause legal uncertainty and

compliance costs. The same withdrawal period should

apply to all distance and off-premises contracts. In the

case of service contracts, the withdrawal period should

expire after 14 days from the conclusion of the contract.

In the case of sales contracts, the withdrawal period

should expire after 14 days from 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. In addition the consumer should be able to

exercise the right to withdraw before acquiring physical

possession of the goods. Where multiple goods are

ordered by the consumer in one order but are

delivered separately, the withdrawal period should

expire after 14 days from the day on which the

consumer acquires physical possession of the last good.

Where goods are delivered in multiple lots or pieces, the

withdrawal period should expire after 14 days from the

day on which the consumer acquires the physical

possession of the last lot or piece.

(41)

In order to ensure legal certainty, it is appropriate that

Council Regulation (EEC, Euratom) No 1182/71 of

3 June 1971 determining the rules applicable to

periods, dates and time limits (

) should apply to the

calculation of the periods contained in this Directive.

Therefore, all periods contained in this Directive should

be understood to be expressed in calendar days. Where a

period expressed in days is to be calculated from the

moment at which an event occurs or an action takes

place, the day during which that event occurs or that

action takes place should not be considered as falling

within the period in question.

(42)

The provisions relating to the right of withdrawal should

be without prejudice to the Member States’ laws and

regulations governing the termination or unenforceability

of a contract or the possibility for the consumer to fulfil

his contractual obligations before the time determined in

the contract.

(43)

If the trader has not adequately informed the consumer

prior to the conclusion of a distance or off-premises

contract, the withdrawal period should be extended.

However, in order to ensure legal certainty as regards

the length of the withdrawal period, a 12-month limi

tation period should be introduced.

(44)

Differences in the ways in which the right of withdrawal

is exercised in the Member States have caused costs for

traders selling cross-border. The introduction of a

harmonised model withdrawal form that the consumer

may use should simplify the withdrawal process and

bring legal certainty. For these reasons, Member States

should refrain from adding any presentational

requirements to the Union-wide model form relating

for example to the font size. However, the consumer

should remain free to withdraw in his own words,

provided that his statement setting out his decision to

withdraw from the contract to the trader is unequivocal.

A letter, a telephone call or returning the goods with a

clear statement could meet this requirement, but the

burden of proof of having withdrawn within the time

limits fixed in the Directive should be on the consumer.

For this reason, it is in the interest of the consumer to

make use of a durable medium when communicating his

withdrawal to the trader.

22.11.2011 Official Journal of the European Union L 304/69

(

) OJ L 124, 8.6.1971, p. 1.

(45)

As experience shows that many consumers and traders

prefer to communicate via the trader’s website, there

should be a possibility for the trader to give the

consumer the option of filling in a web-based withdrawal

form. In this case the trader should provide an acknowl

edgement of receipt for instance by e-mail without delay.

(46)

In the event that the consumer withdraws from the

contract, the trader should reimburse all payments

received from the consumer, including those covering

the expenses borne by the trader to deliver goods to

the consumer. The reimbursement should not be made

by voucher unless the consumer has used vouchers for

the initial transaction or has expressly accepted them. If

the consumer expressly chooses a certain type of delivery

(for instance 24-hour express delivery), although the

trader had offered a common and generally acceptable

type of delivery which would have incurred lower

delivery costs, the consumer should bear the difference

in costs between these two types of delivery.

(47)

Some consumers exercise their right of withdrawal after

having used the goods to an extent more than necessary

to establish the nature, characteristics and the functioning

of the goods. In this case the consumer should not lose

the right to withdraw but should be liable for any

diminished value of the goods. In order to establish the

nature, characteristics and functioning of the goods, the

consumer should only handle and inspect them in the

same manner as he would be allowed to do in a shop.

For example, the consumer should only try on a garment

and should not be allowed to wear it. Consequently, the

consumer should handle and inspect the goods with due

care during the withdrawal period. The obligations of the

consumer in the event of withdrawal should not

discourage the consumer from exercising his right of

withdrawal.

(48)

The consumer should be required to send back the goods

not later than 14 days after having informed the trader

about his decision to withdraw from the contract. In

situations where the trader or the consumer does not

fulfil the obligations relating to the exercise of the right

of withdrawal, penalties provided for by national legis

lation in accordance with this Directive should apply as

well as contract law provisions.

(49)

Certain exceptions from the right of withdrawal should

exist, both for distance and off-premises contracts. A

right of withdrawal could be inappropriate for example

given the nature of particular goods or services. That is

the case for example with wine supplied a long time after

the conclusion of a contract of a speculative nature

where the value is dependent on fluctuations in the

market (‘vin en primeur’). The right of withdrawal

should neither apply to goods made to the consumer’s

specifications or which are clearly personalised such as

tailor-made curtains, nor to the supply of fuel, for

example, which is a good, by nature inseparably mixed

with other items after delivery. The granting of a right of

withdrawal to the consumer could also be inappropriate

in the case of certain services where the conclusion of the

contract implies the setting aside of capacity which, if a

right of withdrawal were exercised, the trader may find

difficult to fill. This would for example be the case where

reservations are made at hotels or concerning holiday

cottages or cultural or sporting events.

(50)

On the one hand, the consumer should benefit from his

right of withdrawal even in case he has asked for the

provision of services before the end of the withdrawal

period. On the other hand, if the consumer exercises his

right of withdrawal, the trader should be assured to be

adequately paid for the service he has provided. The

calculation of the proportionate amount should be

based on the price agreed in the contract unless the

consumer demonstrates that that total price is itself

disproportionate, in which case the amount to be paid

shall be calculated on the basis of the market value of the

service provided. The market value should be defined by

comparing the price of an equivalent service performed

by other traders at the time of the conclusion of the

contract. Therefore the consumer should request the

performance of services before the end of the withdrawal

period by making this request expressly and, in the case

of off-premises contracts, on a durable medium.

Similarly, the trader should inform the consumer on a

durable medium of any obligation to pay the propor

tionate costs for the services already provided. For

contracts having as their object both goods and

services, the rules provided for in this Directive on the

return of goods should apply to the goods aspects and

the compensation regime for services should apply to the

services aspects.

(51)

The main difficulties encountered by consumers and one

of the main sources of disputes with traders concern

delivery of goods, including goods getting lost or

damaged during transport and late or partial delivery.

Therefore it is appropriate to clarify and harmonise the

national rules as to when delivery should occur. The

place and modalities of delivery and the rules concerning

the determination of the conditions for the transfer of

the ownership of the goods and the moment at which

such transfer takes place, should remain subject to

national law and therefore should not be affected by

this Directive. The rules on delivery laid down in this

Directive should include the possibility for the

consumer to allow a third party to acquire on his

behalf the physical possession or control of the goods.

The consumer should be considered to have control of

the goods where he or a third party indicated by the

consumer has access to the goods to use them as an

owner, or the ability to resell the goods (for example,

when he has received the keys or possession of the

ownership documents).

L 304/70 Official Journal of the European Union 22.11.2011

(52)

In the context of sales contracts, the delivery of goods

can take place in various ways, either immediately or at a

later date. If the parties have not agreed on a specific

delivery date, the trader should deliver the goods as soon

as possible, but in any event not later than 30 days from

the day of the conclusion of the contract. The rules

regarding late delivery should also take into account

goods to be manufactured or acquired specially for the

consumer which cannot be reused by the trader without

considerable loss. Therefore, a rule which grants an addi

tional reasonable period of time to the trader in certain

circumstances should be provided for in this Directive.

When the trader has failed to deliver the goods within

the period of time agreed with the consumer, before the

consumer can terminate the contract, the consumer

should call upon the trader to make the delivery within

a reasonable additional period of time and be entitled to

terminate the contract if the trader fails to deliver the

goods even within that additional period of time.

However, this rule should not apply when the trader

has refused to deliver the goods in an unequivocal

statement. Neither should it apply in certain circum

stances where the delivery period is essential such as,

for example, in the case of a wedding dress which

should be delivered before the wedding. Nor should it

apply in circumstances where the consumer informs the

trader that delivery on a specified date is essential. For

this purpose, the consumer may use the trader’s contact

details given in accordance with this Directive. In these

specific cases, if the trader fails to deliver the goods on

time, the consumer should be entitled to terminate the

contract immediately after the expiry of the delivery

period initially agreed. This Directive should be without

prejudice to national provisions on the way the

consumer should notify the trader of his will to

terminate the contract.

(53)

In addition to the consumer’s right to terminate the

contract where the trader has failed to fulfil his obli

gations to deliver the goods in accordance with this

Directive, the consumer may, in accordance with the

applicable national law, have recourse to other

remedies, such as granting the trader an additional

period of time for delivery, enforcing the performance

of the contract, withholding payment, and seeking

damages.

(54) In accordance with Article 52(3) of Directive

2007/64/EC of the European Parliament and of the

Council of 13 November 2007 on payment services in

the internal market (

), Member States should be able to

prohibit or limit traders’ right to request charges from

consumers taking into account the need to encourage

competition and promote the use of efficient payment

instruments. In any event, traders should be prohibited

from charging consumers fees that exceed the cost borne

by the trader for the use of a certain means of payment.

(55)

Where the goods are dispatched by the trader to the

consumer, disputes may arise, in the event of loss or

damage, as to the moment at which the transfer of risk

takes place. Therefore this Directive should provide that

the consumer be protected against any risk of loss of or

damage to the goods occurring before he has acquired

the physical possession of the goods. The consumer

should be protected during a transport arranged or

carried out by the trader, even where the consumer has

chosen a particular delivery method from a range of

options offered by the trader. However, that provision

should not apply to contracts where it is up to the

consumer to take delivery of the goods himself or to

ask a carrier to take delivery. Regarding the moment of

the transfer of the risk, a consumer should be considered

to have acquired the physical possession of the goods

when he has received them.

(56)

Persons or organisations regarded under national law as

having a legitimate interest in protecting consumer

contractual rights should be afforded the right to

initiate proceedings, either before a court or before an

administrative authority which is competent to decide

upon complaints or to initiate appropriate legal

proceedings.

(57)

It is necessary that Member States lay down penalties for

infringements of this Directive and ensure that they are

enforced. The penalties should be effective, proportionate

and dissuasive.

(58)

The consumer should not be deprived of the protection

granted by this Directive. Where the law applicable to the

contract is that of a third country, Regulation (EC)

No 593/2008 should apply, in order to determine

whether the consumer retains the protection granted by

this Directive.

(59)

The Commission, following consultation with the

Member States and stakeholders, should look into the

most appropriate way to ensure that all consumers are

made aware of their rights at the point of sale.

(60)

Since inertia selling, which consists of unsolicited supply

of goods or provision of services to consumers, is

prohibited by Directive 2005/29/EC of the European

Parliament and of the Council of 11 May 2005

concerning unfair business-to-consumer commercial

practices in the internal market (‘Unfair Commercial

Practices Directive’) (

) but no contractual remedy is

provided therein, it is necessary to introduce in this

Directive the contractual remedy of exempting the

consumer from the obligation to provide any

consideration for such unsolicited supply or provision.

22.11.2011 Official Journal of the European Union L 304/71

(

) OJ L 319, 5.12.2007, p. 1.

(

) OJ L 149, 11.6.2005, p. 22.

(61)

Directive 2002/58/EC of the European Parliament and of

the Council of 12 July 2002 concerning the processing

of personal data and the protection of privacy in the

electronic communications sector (Directive on privacy

and electronic communications) (

) already regulates

unsolicited communications and provides for a high

level of consumer protection. The corresponding

provisions on the same issue contained in Directive

97/7/EC are therefore not needed.

(62)

It is appropriate for the Commission to review this

Directive if some barriers to the internal market are

identified. In its review, the Commission should pay

particular attention to the possibilities granted to

Member States to maintain or introduce specific

national provisions including in certain areas of

Council Directive 93/13/EEC of 5 April 1993 on unfair

terms in consumer contracts (

) and Directive

1999/44/EC of the European Parliament and of the

Council of 25 May 1999 on certain aspects of the sale

of consumer goods and associated guarantees (

). That

review could lead to a Commission proposal to amend

this Directive; that proposal may include amendments to

other consumer protection legislation reflecting the

Commission’s Consumer Policy Strategy commitment

to review the Union acquis in order to achieve a high,

common level of consumer protection.

(63)

Directives 93/13/EEC and 1999/44/EC should be

amended to require Member States to inform the

Commission about the adoption of specific national

provisions in certain areas.

(64)

Directives 85/577/EEC and 97/7/EC should be repealed.

(65)

Since the objective of this Directive, namely, through the

achievement of a high level of consumer protection, to

contribute to the proper functioning of the internal

market, cannot be sufficiently achieved by the Member

States and can therefore be better achieved at Union

level, the Union may adopt measures, in accordance

with the principle of subsidiarity as set out in Article 5

of the Treaty on European Union. In accordance with the

principle of proportionality, as set out in that Article, this

Directive does not go beyond what is necessary in order

to achieve that objective.

(66)

This Directive respects the fundamental rights and

observes the principles recognised in particular by the

Charter of Fundamental Rights of the European Union.

(67)

In accordance with point 34 of the Interinstitutional

agreement on better law-making (

), Member States are

encouraged to draw up, for themselves and in the

interests of the Union, their own tables, which will, as

far as possible, illustrate the correlation between this

Directive and the transposition measures, and to make

them public,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

SUBJECT MATTER, DEFINITIONS AND SCOPE

Article 1

Subject matter

The purpose of this Directive is, through the achievement of a

high level of consumer protection, to contribute to the proper

functioning of the internal market by approximating certain

aspects of the laws, regulations and administrative provisions

of the Member States concerning contracts concluded between

consumers and traders.

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 this Directive;

(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;

(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;

(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;

L 304/72 Official Journal of the European Union 22.11.2011

(

) OJ L 201, 31.7.2002, p. 37.

(

) OJ L 95, 21.4.1993, p. 29.

(

) OJ L 171, 7.7.1999, p. 12.

(

) OJ C 321, 31.12.2003, p. 1.

(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;

(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 communi

cation up to and including the time at which the contract

is concluded;

(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 circumstances as referred to in point (a);

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 consumer; or

(d) concluded during an excursion organised by the trader

with the aim or effect of promoting and selling goods

or services to the consumer;

(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;

(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 repro

duction of the information stored;

(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;

(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 purchase the goods or services;

(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 specifications or any other requirements not related to

conformity set out in the guarantee statement or in the

relevant advertising available at the time of, or before the

conclusion of the contract;

(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 party and the trader.

Article 3

Scope

1. This Directive shall apply, under the conditions and to the

extent set out in its provisions, to any contract concluded

between a trader and a consumer. It shall also apply to

contracts for the supply of water, gas, electricity or district

heating, including by public providers, to the extent that these

commodities are provided on a contractual basis.

2. If any provision of this Directive conflicts with a provision

of another Union act governing specific sectors, the provision of

that other Union act shall prevail and shall apply to those

specific sectors.

3. This Directive shall not apply to contracts:

(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;

pecuniary value in games of chance, including lotteries,

casino games and betting transactions;

22.11.2011 Official Journal of the European Union L 304/73

(d) for financial services;

(e) for the creation, acquisition or transfer of immovable

property or of rights in immovable property;

(f) for the construction of new buildings, the substantial

conversion of existing buildings and for rental of accom

modation for residential purposes;

(g) which fall within the scope of Council Directive

90/314/EEC of 13 June 1990 on package travel, package

holidays and package tours (

);

(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 (

);

(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 legal consideration and with knowledge of its legal

scope;

(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;

(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.

4. Member States may decide not to apply this Directive or

not to maintain or introduce corresponding national provisions

to off-premises contracts for which the payment to be made by

the consumer does not exceed EUR 50. Member States may

define a lower value in their national legislation.

5. This Directive shall not affect national general contract

law such as the rules on the validity, formation or effect of a

contract, in so far as general contract law aspects are not

regulated in this Directive.

6. This Directive shall not prevent traders from offering

consumers contractual arrangements which go beyond the

protection provided for in this Directive.

Article 4

Level of harmonisation

Member States shall not maintain or introduce, in their national

law, provisions diverging from those laid down in this Directive,

including more or less stringent provisions to ensure a different

level of consumer protection, unless otherwise provided for in

this Directive.

CHAPTER II

CONSUMER INFORMATION FOR CONTRACTS OTHER THAN

DISTANCE OR OFF-PREMISES CONTRACTS

Article 5

Information requirements for contracts other than distance

or off-premises contracts

1. Before the consumer is bound by a contract other than a

distance or an off-premises contract, or any corresponding offer,

the trader shall provide the consumer with the following

information in a clear and comprehensible manner, if that

information is not already apparent from the context:

(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;

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

charges or, where those charges cannot reasonably be

calculated in advance, the fact that such additional charges

may be payable;

(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;

L 304/74 Official Journal of the European Union 22.11.2011

(

) OJ L 158, 23.6.1990, p. 59.

(

) OJ L 33, 3.2.2009, p. 10.

(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;

(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.

2. Paragraph 1 shall also apply to 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.

3. Member States shall not be required to apply paragraph 1

to contracts which involve day-to-day transactions and which

are performed immediately at the time of their conclusion.

4. Member States may adopt or maintain additional pre-

contractual information requirements for contracts to which

this Article applies.

CHAPTER III

CONSUMER INFORMATION AND RIGHT OF WITHDRAWAL

FOR DISTANCE AND OFF-PREMISES CONTRACTS

Article 6

Information requirements for distance and off-premises

contracts

1. Before the consumer is bound by a distance or off-

premises contract, or any corresponding offer, the trader shall

provide the consumer with the following information in a clear

and comprehensible manner:

(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;

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 the trader on whose behalf he is acting;

(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

charges and any other costs or, where those charges cannot

reasonably be calculated in advance, the fact that such

additional charges may be payable. In the case of a

contract of indeterminate duration or a contract containing

a subscription, the total price shall include the total costs

per billing period. Where such contracts are charged at a

fixed rate, the total price shall also mean the total monthly

costs. Where the total costs cannot be reasonably calculated

in advance, the manner in which the price is to be

calculated shall be provided;

(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;

(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;

(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;

22.11.2011 Official Journal of the European Union L 304/75

(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;

(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;

(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;

(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;

(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.

2. Paragraph 1 shall also apply to 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.

3. In the case of a public auction, the information referred to

in points (b), (c) and (d) of paragraph 1 may be replaced by the

equivalent details for the auctioneer.

4. The information referred to in points (h), (i) and (j) of

paragraph 1 may be provided by means of the model

instructions on withdrawal set out in Annex I(A). The trader

shall have fulfilled the information requirements laid down in

points (h), (i) and (j) of paragraph 1 if he has supplied these

instructions to the consumer, correctly filled in.

5. The information referred to in paragraph 1 shall form an

integral part of the distance or off-premises contract and shall

not be altered unless the contracting parties expressly agree

otherwise.

6. If the trader has not complied with the information

requirements on additional charges or other costs as referred

to in point (e) of paragraph 1, or on the costs of returning the

goods as referred to in point (i) of paragraph 1, the consumer

shall not bear those charges or costs.

7. Member States may maintain or introduce in their

national law language requirements regarding the contractual

information, so as to ensure that such information is easily

understood by the consumer.

8. The information requirements laid down in this Directive

are in addition to information requirements contained in

Directive 2006/123/EC and Directive 2000/31/EC and do not

prevent Member States from imposing additional information

requirements in accordance with those Directives.

Without prejudice to the first subparagraph, if a provision of

Directive 2006/123/EC or Directive 2000/31/EC on the content

and the manner in which the information is to be provided

conflicts with a provision of this Directive, the provision of this

Directive shall prevail.

9. As regards compliance with the information requirements

laid down in this Chapter, the burden of proof shall be on the

trader.

Article 7

Formal requirements for off-premises contracts

1. With respect to off-premises contracts, the trader shall

give the information provided for in Article 6(1) to the

consumer on paper or, if the consumer agrees, on another

durable medium. That information shall be legible and in

plain, intelligible language.

2. The trader shall provide the consumer with a copy of the

signed contract or the confirmation of the contract on paper or,

if the consumer agrees, on another durable medium, including,

where applicable, the confirmation of the consumer’s prior

express consent and acknowledgement in accordance with

point (m) of Article 16.

3. Where a consumer wants 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

to begin during the withdrawal period provided for in

Article 9(2), the trader shall require that the consumer makes

such an express request on a durable medium.

L 304/76 Official Journal of the European Union 22.11.2011

4. With respect to off-premises contracts where the

consumer has explicitly requested the services of the trader

for the purpose of carrying out repairs or maintenance for

which the trader and the consumer immediately perform their

contractual obligations and where the payment to be made by

the consumer does not exceed EUR 200:

(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 medium. The trader shall provide the information

referred to in points (a), (h) and (k) of Article 6(1), but may

choose not to provide it on paper or another durable

medium if the consumer expressly agrees;

(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).

Member States may decide not to apply this paragraph.

5. Member States shall not impose any further formal pre-

contractual information requirements for the fulfilment of the

information obligations laid down in this Directive.

Article 8

Formal requirements for distance contracts

1. With respect to distance contracts, the trader shall give the

information provided for in Article 6(1) or make that

information available to the consumer in a way appropriate

to the means of distance communication used in plain and

intelligible language. In so far as that information is provided

on a durable medium, it shall be legible.

2. If a distance contract to be concluded by electronic means

places the consumer under an obligation to pay, the trader shall

make the consumer aware in a clear and prominent manner,

and directly before the consumer places his order, of the

information provided for in points (a), (e), (o) and (p) of

Article 6(1).

The trader shall ensure that the consumer, when placing his

order, explicitly acknowledges that the order implies an obli

gation to pay. If placing an order entails activating a button or a

similar function, the button or similar function shall be labelled

in an easily legible manner only with the words ‘order with

obligation to pay’ or a corresponding unambiguous formulation

indicating that placing the order entails an obligation to pay the

trader. If the trader has not complied with this subparagraph,

the consumer shall not be bound by the contract or order.

3. Trading websites shall indicate clearly and legibly at the

latest at the beginning of the ordering process whether any

delivery restrictions apply and which means of payment are

accepted.

4. If the contract is concluded through a means of distance

communication which allows limited space or time to display

the information, the trader shall provide, on that particular

means prior to the conclusion of such a contract, at least the

pre-contractual information regarding the main characteristics

of the goods or services, the identity of the trader, the total

price, the right of withdrawal, the duration of the contract and,

if the contract is of indeterminate duration, the conditions for

terminating the contract, as referred to in points (a), (b), (e), (h)

and (o) of Article 6(1). The other information referred to in

Article 6(1) shall be provided by the trader to the consumer

in an appropriate way in accordance with paragraph 1 of this

Article.

5. Without prejudice to paragraph 4, if the trader makes a

telephone call to the consumer with a view to concluding a

distance contract, he shall, at the beginning of the conversation

with the consumer, disclose his identity and, where applicable,

the identity of the person on whose behalf he makes that call,

and the commercial purpose of the call.

6. Where a distance contract is to be concluded by

telephone, Member States may provide that the trader has to

confirm the offer to the consumer who is bound only once he

has signed the offer or has sent his written consent. Member

States may also provide that such confirmations have to be

made on a durable medium.

7. The trader shall provide the consumer with the confir

mation of the contract concluded, on a durable medium

within a reasonable time after the conclusion of the distance

contract, and at the latest at the time of the delivery of the

goods or before the performance of the service begins. That

confirmation shall include:

(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.

8. Where a consumer wants 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, to begin during the withdrawal period provided for

in Article 9(2), the trader shall require that the consumer

make an express request.

22.11.2011 Official Journal of the European Union L 304/77

9. This Article shall be without prejudice to the provisions

on the conclusion of e-contracts and the placing of e-orders set

out in Articles 9 and 11 of Directive 2000/31/EC.

10. Member States shall not impose any further formal pre-

contractual information requirements for the fulfilment of the

information obligations laid down in this Directive.

Article 9

Right of withdrawal

1. Save where the exceptions provided for in Article 16

apply, the consumer shall have a period of 14 days to

withdraw from a distance or off-premises contract, without

giving any reason, and without incurring any costs other than

those provided for in Article 13(2) and Article 14.

2. Without prejudice to Article 10, the withdrawal period

referred to in paragraph 1 of this Article shall expire after 14

days from:

(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;

(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;

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.

3. The Member States shall not prohibit the contracting

parties from performing their contractual obligations during

the withdrawal period. Nevertheless, in the case of off-

premises contracts, Member States may maintain existing

national legislation prohibiting the trader from collecting the

payment from the consumer during the given period after the

conclusion of the contract.

Article 10

Omission of information on the right of withdrawal

1. If the trader has not provided the consumer with the

information on the right of withdrawal as required by point

(h) of Article 6(1), the withdrawal period shall expire 12

months from the end of the initial withdrawal period, as

determined in accordance with Article 9(2).

2. If the trader has provided the consumer with the

information provided for in paragraph 1 of this Article within

12 months from the day referred to in Article 9(2), the with

drawal period shall expire 14 days after the day upon which the

consumer receives that information.

Article 11

Exercise of the right of withdrawal

1. Before the expiry of the withdrawal period, the consumer

shall inform the trader of his decision to withdraw from the

contract. For this purpose, the consumer may either:

(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.

Member States shall not provide for any formal requirements

applicable to the model withdrawal form other than those set

out in Annex I(B).

2. The consumer shall have exercised his right of withdrawal

within the withdrawal period referred to in Article 9(2) and

Article 10 if the communication concerning the exercise of

the right of withdrawal is sent by the consumer before that

period has expired.

3. The trader may, in addition to the possibilities referred to

in paragraph 1, give the option to the consumer to elec

tronically fill in and submit either the model withdrawal form

set out in Annex I(B) or any other unequivocal statement on the

trader’s website. In those cases the trader shall communicate to

the consumer an acknowledgement of receipt of such a with

drawal on a durable medium without delay.

4. The burden of proof of exercising the right of withdrawal

in accordance with this Article shall be on the consumer.

L 304/78 Official Journal of the European Union 22.11.2011

Article 12

Effects of withdrawal

The exercise of the right of withdrawal shall terminate the

obligations of the parties:

(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.

Article 13

Obligations of the trader in the event of withdrawal

1. The trader shall reimburse all payments received from the

consumer, including, if applicable, the costs of delivery without

undue delay and in any event not later than 14 days from the

day on which he is informed of the consumer’s decision to

withdraw from the contract in accordance with Article 11.

The trader shall carry out the reimbursement referred to in the

first subparagraph using the same means of payment as the

consumer used for the initial transaction, unless the consumer

has expressly agreed otherwise and provided that the consumer

does not incur any fees as a result of such reimbursement.

2. Notwithstanding paragraph 1, the trader shall not be

required to reimburse the supplementary costs, if the

consumer has expressly opted for a type of delivery other

than the least expensive type of standard delivery offered by

the trader.

3. Unless the trader has offered to collect the goods himself,

with regard to sales contracts, the trader may withhold the

reimbursement until he has received the goods back, or until

the consumer has supplied evidence of having sent back the

goods, whichever is the earliest.

Article 14

Obligations of the consumer in the event of withdrawal

1. Unless the trader has offered to collect the goods himself,

the consumer shall send back the goods or hand them over to

the trader or to a person authorised by the trader to receive the

goods, without undue delay and in any event not later than 14

days from the day on which he has communicated his decision

to withdraw from the contract to the trader in accordance with

Article 11. The deadline shall be met if the consumer sends

back the goods before the period of 14 days has expired.

The consumer shall only bear the direct cost of returning the

goods unless the trader has agreed to bear them or the trader

failed to inform the consumer that the consumer has to bear

them.

In the case of off-premises contracts where the goods have been

delivered to the consumer’s home at the time of the conclusion

of the contract, the trader shall at his own expense collect the

goods if, by their nature, those goods cannot normally be

returned by post.

2. The consumer shall only be liable for any diminished

value of the goods resulting from the handling of the goods

other than what is necessary to establish the nature, char

acteristics and functioning of the goods. The consumer shall

in any event not be liable for diminished value of the goods

where the trader has failed to provide notice of the right of

withdrawal in accordance with point (h) of Article 6(1).

3. Where a consumer exercises the right of withdrawal after

having made a request in accordance with Article 7(3) or

Article 8(8), the consumer shall pay to the trader an amount

which is in proportion to what has been provided until the time

the consumer has informed the trader of the exercise of the

right of withdrawal, in comparison with the full coverage of the

contract. The proportionate amount to be paid by the consumer

to the trader shall be calculated on the basis of the total price

agreed in the contract. If the total price is excessive, the propor

tionate amount shall be calculated on the basis of the market

value of what has been provided.

4. The consumer shall bear no cost for:

(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

(iii) the trader has failed to provide confirmation in

accordance with Article 7(2) or Article 8(7).

22.11.2011 Official Journal of the European Union L 304/79

5. Except as provided for in Article 13(2) and in this Article,

the consumer shall not incur any liability as a consequence of

the exercise of the right of withdrawal.

Article 15

Effects of the exercise of the right of withdrawal on

ancillary contracts

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 (

), 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

Directive, any ancillary contracts shall be automatically

terminated, without any costs for the consumer, except as

provided for in Article 13(2) and in Article 14 of this Directive.

2. The Member States shall lay down detailed rules on the

termination of such contracts.

Article 16

Exceptions from the right of withdrawal

Member States shall not provide for the right of withdrawal set

out in Articles 9 to 15 in respect of distance and off-premises

contracts as regards the following:

(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;

or clearly personalised;

(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;

(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 fluc

tuations in the market which cannot be controlled by the

trader;

(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

replacement parts necessarily used in carrying out the

maintenance or in making the repairs, the right of with

drawal shall apply to those additional services or goods;

(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;

(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;

(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

Article 17

Scope

1. Articles 18 and 20 shall apply to sales contracts. Those

Articles shall not apply to 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 the supply of

digital content which is not supplied on a tangible medium.

2. Articles 19, 21 and 22 shall apply to sales and service

contracts and to contracts for the supply of water, gas, elec

tricity, district heating or digital content.

L 304/80 Official Journal of the European Union 22.11.2011

(

) OJ L 133, 22.5.2008, p. 66.

Article 18

Delivery

1. Unless the parties have agreed otherwise on the time of

delivery, the trader shall deliver the goods by transferring the

physical possession or control of the goods to the consumer

without undue delay, but not later than 30 days from the

conclusion of the contract.

2. Where the trader has failed to fulfil his obligation to

deliver the goods at the time agreed upon with the consumer

or within the time limit set out in paragraph 1, the consumer

shall call upon him to make the delivery within an additional

period of time appropriate to the circumstances. If the trader

fails to deliver the goods within that additional period of time,

the consumer shall be entitled to terminate the contract.

The first subparagraph shall not be applicable to sales contracts

where the trader has refused to deliver the goods or where

delivery within the agreed delivery period is essential taking

into account all the circumstances attending the conclusion of

the contract or where the consumer informs the trader, prior to

the conclusion of the contract, that delivery by or on a specified

date is essential. In those cases, if the trader fails to deliver the

goods at the time agreed upon with the consumer or within the

time limit set out in paragraph 1, the consumer shall be entitled

to terminate the contract immediately.

3. Upon termination of the contract, the trader shall, without

undue delay, reimburse all sums paid under the contract.

4. In addition to the termination of the contract in

accordance with paragraph 2, the consumer may have

recourse to other remedies provided for by national law.

Article 19

Fees for the use of means of payment

Member States shall prohibit traders from charging consumers,

in respect of the use of a given means of payment, fees that

exceed the cost borne by the trader for the use of such means.

Article 20

Passing of risk

In contracts where the trader dispatches the goods to the

consumer, the risk of loss of or damage to the goods shall

pass to the consumer when he or a third party indicated by

the consumer and other than the carrier has acquired the

physical possession of the goods. However, the risk shall pass

to the consumer upon delivery to the carrier if the carrier was

commissioned by the consumer to carry the goods and that

choice was not offered by the trader, without prejudice to the

rights of the consumer against the carrier.

Article 21

Communication by telephone

Member States shall ensure that where the trader operates a

telephone line for the purpose of contacting him by

telephone in relation to the contract concluded, the consumer,

when contacting the trader is not bound to pay more than the

basic rate.

The first subparagraph shall be without prejudice to the right of

telecommunication services providers to charge for such calls.

Article 22

Additional payments

Before the consumer is bound by the contract or offer, the

trader shall seek the express consent of the consumer to any

extra payment in addition to the remuneration agreed upon for

the trader’s main contractual obligation. If the trader has not

obtained the consumer’s express consent but has inferred it by

using default options which the consumer is required to reject

in order to avoid the additional payment, the consumer shall be

entitled to reimbursement of this payment.

CHAPTER V

GENERAL PROVISIONS

Article 23

Enforcement

1. Member States shall ensure that adequate and effective

means exist to ensure compliance with this Directive.

2. The means referred to in paragraph 1 shall include

provisions whereby one or more of the following bodies, as

determined by national law, may take action under national

law before the courts or before the competent administrative

bodies to ensure that the national provisions transposing this

Directive are applied:

(a) public bodies or their representatives;

(b) consumer organisations having a legitimate interest in

protecting consumers;

acting.

Article 24

Penalties

1. Member States shall lay down the rules on penalties

applicable to infringements of the national provisions adopted

pursuant to this Directive and shall take all measures necessary

to ensure that they are implemented. The penalties provided for

must be effective, proportionate and dissuasive.

22.11.2011 Official Journal of the European Union L 304/81

2. Member States shall notify those provisions to the

Commission by 13 December 2013 and shall notify it

without delay of any subsequent amendment affecting them.

Article 25

Imperative nature of the Directive

If the law applicable to the contract is the law of a Member

State, consumers may not waive the rights conferred on them

by the national measures transposing this Directive.

Any contractual terms which directly or indirectly waive or

restrict the rights resulting from this Directive shall not be

binding on the consumer.

Article 26

Information

Member States shall take appropriate measures to inform

consumers and traders of the national provisions transposing

this Directive and shall, where appropriate, encourage traders

and code owners as defined in point (g) of Article 2 of Directive

2005/29/EC, to inform consumers of their codes of conduct.

Article 27

Inertia selling

The consumer shall be exempted from the obligation to provide

any consideration in cases of unsolicited supply of goods, water,

gas, electricity, district heating or digital content or unsolicited

provision of services, prohibited by Article 5(5) and point 29 of

Annex I to Directive 2005/29/EC. In such cases, the absence of

a response from the consumer following such an unsolicited

supply or provision shall not constitute consent.

Article 28

Transposition

1. Member States shall adopt and publish, by 13 December

2013, the laws, regulations and administrative provisions

necessary to comply with this Directive. They shall forthwith

communicate to the Commission the text of these measures in

the form of documents. The Commission shall make use of

these documents for the purposes of the report referred to in

Article 30.

They shall apply those measures from 13 June 2014.

When Member States adopt those measures, they shall contain a

reference to this Directive or be accompanied by such a

reference on the occasion of their official publication. Member

States shall determine how such reference is to be made.

2. The provisions of this Directive shall apply to contracts

concluded after 13 June 2014.

Article 29

Reporting requirements

1. Where a Member State makes use of any of the regulatory

choices referred to in Article 3(4), Article 6(7), Article 6(8),

Article 7(4), Article 8(6) and Article 9(3), it shall inform the

Commission thereof by 13 December 2013, as well as of any

subsequent changes.

2. The Commission shall ensure that the information

referred to in paragraph 1 is easily accessible to consumers

and traders, inter alia, on a dedicated website.

3. The Commission shall forward the information referred to

in paragraph 1 to the other Member States and the European

Parliament. The Commission shall consult stakeholders on that

information.

Article 30

Reporting by the Commission and review

By 13 December 2016, the Commission shall submit a report

on the application of this Directive to the European Parliament

and the Council. That report shall include in particular an

evaluation of the provisions of this Directive regarding digital

content including the right of withdrawal. The report shall be

accompanied, where necessary, by legislative proposals to adapt

this Directive to developments in the field of consumer rights.

CHAPTER VI

FINAL PROVISIONS

Article 31

Repeals

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 (

) and by Directives

2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.

References to the repealed Directives shall be construed as

references to this Directive and shall be read in accordance

with the correlation table set out in Annex II.

L 304/82 Official Journal of the European Union 22.11.2011

(

) OJ L 271, 9.10.2002, p. 16.

Article 32

Amendment to Directive 93/13/EEC

In Directive 93/13/EEC, the following Article is inserted:

‘Article 8a

1. Where a Member State adopts provisions in accordance

with Article 8, it shall inform the Commission thereof, as

well as of any subsequent changes, in particular where those

provisions:

— 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,

2. The Commission shall ensure that the information

referred to in paragraph 1 is easily accessible to consumers

and traders, inter alia, on a dedicated website.

3. The Commission shall forward the information referred

to in paragraph 1 to the other Member States and the

European Parliament. The Commission shall consult stake

holders on that information.’

Article 33

Amendment to Directive 1999/44/EC

In Directive 1999/44/EC, the following Article is inserted:

‘Article 8a

Reporting requirements

1. Where, in accordance with Article 8(2), a Member State

adopts more stringent consumer protection provisions than

those provided for in Article 5(1) to (3) and in Article 7(1), it

shall inform the Commission thereof, as well as of any

subsequent changes.

2. The Commission shall ensure that the information

referred to in paragraph 1 is easily accessible to consumers

and traders, inter alia, on a dedicated website.

3. The Commission shall forward the information referred

to in paragraph 1 to the other Member States and the

European Parliament. The Commission shall consult stake

holders on that information.’

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.

Done at Strasbourg, 25 October 2011.

For the European Parliament

The President

J. BUZEK

For the Council

The President

M. DOWGIELEWICZ

22.11.2011 Official Journal of the European Union L 304/83

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.

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.’;

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.’.

2. 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.’.

L 304/84 Official Journal of the European Union 22.11.2011

5. If the consumer has received goods in connection with the contract:

(a) insert:

— ‘We will collect the goods.’; or,

— ‘You shall send back the goods or hand them over to us or … [insert the name and geographical address,

where applicable, of the person authorised by you to receive the goods], without undue delay and in any

event not later than 14 days from the day on which you communicate your withdrawal from this contract to

us. The deadline is met if you send back the goods before the period of 14 days has expired.’

(b) insert:

— ‘We will bear the cost of returning the goods.’,

— ‘You will have to bear the direct cost of returning the goods.’,

— If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their

nature, cannot normally be returned by post: ‘You will have to bear the direct cost of returning the goods,

… EUR [insert the amount].’; or if the cost of returning the goods cannot reasonably be calculated in advance:

‘You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of

approximately … EUR [insert the amount].’; or

— If, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been

delivered to the consumer’s home at the time of the conclusion of the contract: ‘We will collect the goods at

our own expense.’; and,

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

(complete and return this form only if you wish to withdraw from the contract)

— 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 (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the

provision of the following service (*),

— Ordered on (*)/received on (*),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

22.11.2011 Official Journal of the European Union L 304/85

(*) 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 with

drawal)

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)

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Directive 85/577/EEC Directive 97/7/EC This Directive

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

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Directive 85/577/EEC Directive 97/7/EC This Directive

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) (

)

To be construed as a reference to

Paragraphs 2 and 11

This Directive

(

) OJ L 364, 9.12.2004, p. 1.

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