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European Directives - Coggle Diagram
European Directives
Unfair Contract Terms Directive 93/13
Purpose
Art. 1
Consumer Protection in B-C contracts
Art.8
Minimum level of harmonization
Scope
Art.2
a) unfair terms: defined in Art.3
b) Consumer: natural person acting for purposes outside of his trade/business/profession
c) Seller supplier: natural/legal person acting for purposes related to his business/trade/profession
Art.3
(1) Test: only not individually negotiated contract terms fall in scope
(2) term always not individually negotiated when terms were drafted in advance and C couldn't influence terms
Test for unfairness
Art.3(1)
assess if term causes significant imbalance between rights and obligations
establish if imbalance is to detriment to consumer
assess if detriment is contrary to good faith (open ended form)
(3) Annex contains types of terms that
may be
regarded as unfair
Art.4
(1) unfairness of terms assessed in taking into account nature of contract and circumstances and together with all other terms
(2) when assessing of terms no look at price nor contract as whole
Consequences
Art.6
Unfair term is not binding on consumer
term is not longer part of contract
Interpretation
Art. 5
Contra proferentum rule: Interpretation always in favour to person who didn't draft it
Consumer Sales Directive 1999/44
Scope
Art. 1 (2)
a) consumer: acting for own purposes not related to business
b) consumer goods: any tangible movable item, Exceptions
c) seller: natural/legal person selling goods pursuant to trade/business/profession
d) producer: manufacturer of consumer goods
e) guarantee: undertaking by seller/producer to reimburse/repair/handle good if it does not meet conformity
f) repair: if lack of conformity, good must be brought into conformity
Conformity
Art.2
(1) seller must deliver goods in conformity with contract
(2)
a) comply with description, possess the qualities of the sample/model
b) fit for the specific purpose of consumer that seller knows and accepted
c) fit for their usual purpose
d) show qualities that are normal to the good and can be expected
(3) no lack of conformity if consumer was aware of the lack of conformity at time of conclusion
Liability
Art.3
(1) seller liable for lack of conformity existent at time of deliver
(2) consumer entitled that goods are brought in conformity/replacement free of charge accordance to (3)
(3) first remedy is repair or replacement free of charge, except in cases of impossibility or disproportionality
(5) price reduction or termination if
C isn't entitled to repair/replacement
Seller hasn't completed remedy within reasonable time
seller hasn't completed remedy within reasonable time without inconvenience to C
(6) no termination if lack of conformity is minor
Art. 5
(1) Seller liable under Art.3 for any lack of conformity within 2years from delivery
Performance Remedies
Consumer Rights Directive
Purpose
Art.1
Facilitate functioning of internal market
provide high level of consumer protection
Art.3(1) mandatory rules
Art.4 Member states may not provide other provisions providing higher or lower protection: maximum harmonization
Art.3 (6) businesses/traders may provide higher protection but not lower
Scope
Art.3
(1) apply to any contract between trader and consumer, gives exceptions
Art.2
(2) Trader: natural/legal person acting for purposes related to his business/trade/profession
(1) Consumer: natural person acting for purposes outside of his trade/business/profession
(7) distance contract: contract concluded without simultaneous physical presence, use of min. 1 means of distance communication
(8) Off-premises contract: simultaneous presence of B-C in place which is not business of trader
(9) business-premises: movable/immovable retail premises
Right of Withdrawal
Art. 9
(1) does right exist:
look at nature of contract: Art.2(7/8),
Exceptions in Art. 16: Personalized Goods, goods quickly expire/deteriorate(flowers), service contract where services were fully performed
if right exists, C has 14days to withdraw without giving reasons
(2) Withdrawal right expires within 14days from
a) conclusion of contract for service contracts
b) C got physical possession of goods, for sales contracts, different scenarios (goods delivered in 2 deliveries etc)
Art. 10
(1) Trader failed to provide C with Information of his right of withdrawal under Art.6(1)h) period of withdrawal only expires after 12 months
(2) if in the 12 months trader informs C, 14days start from day he received the Information
Art.11
(1) Before expiry of 14day/12month period, C must inform trader that he withdraws,
a) may use model from found in annex I(B)
b) may do any kind of statement, not bound to formalities
Art.12
Consequences
Withdrawal terminates obligation of parties to perform
Art. 13
Obligations for Trader
Trader must reimburse C for payments, including deliver costs within 14days, may wait till received back goods
Art. 14
Obligations for Consumer
C must send back goods to trader without delay, not later than 14days after communicating decision of withdrawal
Information Duties
Art. 6
relates to distance/ off-premises contract
a)-t) list of information that must be provided
h) right of withdrawal
Art. 5
information that must be provided for other contracts
Art.7
for off-premises contracts information must be provided on paper or if C agrees other durable medium defined in Art.2(10)
Art. 8
for distances contracts, information must be given adequate to means of distance communication on durable medium