Brussels, 11/10/2011 (Agence Europe) - The new European directive on consumers' rights has been adopted. On 10 October, the EU Council formally adopted, without debate, the European legislation that will revolutionise and strengthen consumers' rights for online, off-premises purchases, while providing operators with a harmonised framework on the EU market. Parliament's confirmation of the compromise negotiated in trialogue had, on 24 June this year, opened the road to this breakthrough (see EUROPE 10405). The aim of this innovative text covering almost all forms of purchase (on-premises in shops, or off-premises, e.g. by phone, etc.) is to update and standardise consumers' rights and improve the way the internal market functions. The directive also, however, aims to improve the rights of online buyers in order to increase consumer confidence.
Among the major innovations, the new directive fully harmonises information that must be provided to consumers, as well as the consumers' right to reverse their decision to purchase for remote sales or sales off-premises (e.g. by phone, on the internet, out of a catalogue or in the form of a contract concluded during house-to-house sales pitches). For online purchases, sales professionals will be under an obligation to indicate the total cost of the product or service as well as any possible additional costs. Consumers will not have to pay any cost that has not been brought to their notice prior to placing the order.
As a general rule, the consumer will have 14 days from the date of receiving a product or concluding a contract (in the case of services) to pull out of the agreement, without having to justify his/her decision and without having to bear the costs relating to the exercise of this right. Traders should then reimburse the purchaser for the full price of the product (including delivery costs) within 14 days following notice of withdrawal. Should the trader want the consumer to pay for the cost of returning the product, then the purchaser must be informed of this prior to purchase, failing which these costs will be borne by the trader.
In the case of bulky goods (such as electrical household appliances or furniture) bought online or by mail order, traders will be under an obligation, prior to purchase, to provide a clear estimate of the maximum costs linked to the cost of sending such goods back. In order to exercise his/her right to cancel an order, the consumer will use a standard withdrawal form, valid throughout EU territory, to be provided by the trader.
In the case of off-premises contracts, EU member states may maintain existing national legislation prohibiting the trader from collecting the payment during the withdrawal period after the conclusion of the contract. Additional costs invoiced for the use of credit cards and special telephone lines will be prohibited.
The directive also provides for the minimum list of information the consumer shall receive when buying on-premises. Member states will be able to add supplementary information requirements depending on national circumstances.
The trader must deliver goods as soon as possible and no later than 30 days from the conclusion of the contract. If the trader has failed to deliver and subject to specific conditions, the consumer will be entitled to terminate the contract and the trader will reimburse all sums paid under the contract.
The directive will take effect from its publication in the EU Official Journal. From the time it takes effect, member states have a maximum of two years for transposing it into national legislation, i.e. by end 2013. (AN/transl.jl)