### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer , away from business premises , for example at the consumer ' s home or workplace . in an off - premises context , consumers are under psychological pressure no matter whether they have solicited the trader ' s visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract . ### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the business and the consumer , away from business premises , for example at the consumer ' s home or workplace . in an off - premises context , consumers are temporarily in a special situation which is different from the situation in a shop , e . g . from a psychological point of view and as regards the scope for comparing goods and prices , no matter whether they have solicited the business ' visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract . member states should be able to establish , however , in their national legislation that the value of a contract not exceeding 60 eur should be excluded from the scope of chapter ii as the information requirements would be disproportionate to the value of the contract . contracts which , in accordance with the provisions of the member states , are established by a public official , do not present a situation where the consumer is put under exceptional psychological pressure . such contracts should be excluded from the scope of chapter ii .


### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer , away from business premises , for example at the consumer ' s home or workplace . in an off - premises context , consumers are under psychological pressure no matter whether they have solicited the trader ' s visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract . ### an off - premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer , away from business premises , for example at the consumer ' s home or workplace . off - premises contracts are typically ones in which the consumer is ill - prepared for concluding contracts and is under psychological pressure no matter whether they have solicited the trader ' s visit or not . furthermore , in order to prevent circumventions of rules when consumers are approached away from business premises , a contract negotiated , for example at the consumer ' s home but concluded in a shop should be regarded as an off - premises contract . in any circumstances , contracts which , in conformity with member state national legislation , are endorsed by a public authority , shall not represent a situation in which the consumer is under unusual psychological pressure . such contracts shall therefore be considered neither off - premises contracts nor distance contracts under this directive .


### the definition of durable medium should include in particular documents on paper , usb sticks , cd - roms , dvds , memory cards and the hard drive of the computer on which the electronic mail or a pdf file is stored . ### durable media should include in particular documents on paper , usb sticks , cd - roms , dvds , memory cards and the hard disk drives of the computer on which the electronic mail or files saved in unmodifiable form are stored . internet sites as such should not be regarded as durable media .


### consumers should be entitled to receive information before the conclusion of the contract . however traders should not have to provide the information when already apparent from the context . for example in an on - premises transaction , the main characteristics of a product , the identity of the trader and the arrangements for delivery may be apparent from the context . in distance and off - premises transactions , the trader should always provide the information on arrangements for payment , delivery , performance and the complaint handling policy , since these might not be apparent from the context . ### consumers should be entitled to receive information in good time before the consumer is bound by any distance or off - premises contract or offer . the business should always provide certain information , such as on the main characteristic of the good or service or arrangements for payment , delivery , performance and the complaint handling policy .


### since in the case of distance sales , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal , which allows him to ascertain the nature and functioning of the goods . ### since in the case of distance sales , the consumer is not able to see the good before concluding the contract he should have a right of withdrawal , allowing him , until expiry of the withdrawal period , to determine the nature and ascertain the functioning of the good .


### if the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off - premises contract , the withdrawal period should be extended . however , in order to ensure legal certainty over time , a three - month limitation period should be introduced , provided that the trader has fully performed his contractual obligations . the trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer . ### if the business has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off - premises contract , the withdrawal period should be extended . however , in order to ensure legal certainty over time , a one - year limitation period should be introduced .


### differences in the ways in which the right of withdrawal is exercised in the member states have caused costs for businesses selling cross - border . the introduction of a harmonised standard withdrawal form to be used by the consumer should simplify the withdrawal process and bring legal certainty . for these reasons , member states should refrain from adding any presentational requirements to the community - wide standard form relating for example to the font size . ### differences in the ways in which the right of withdrawal is exercised in the member states have caused costs for businesses selling cross - border . the introduction of a harmonised model withdrawal form to be used by the consumer 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 standard form relating for example to the font size . by using the model instructions on withdrawal set out in annex i the business will also comply with the information requirements for distance and off - premises contracts .


### in case of withdrawal the trader should reimburse all payments received from the consumer , including those covering the expenses born by the trader to deliver goods to the consumer . ### in case of withdrawal the business should reimburse all payments received from the consumer , including those covering the expenses borne by the business to deliver goods to the consumer , with the exception of payments for express deliveries at the express wish of the consumer .


### certain exemptions should exist from the right of withdrawal , such as in cases where a right of withdrawal would be inappropriate given the nature of the product . that is applicable for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market . ### certain exemptions should exist from the right of withdrawal , such as in cases where a right of withdrawal would be inappropriate given the nature of the product and exercising a right of withdrawal would unfairly disadvantage the business . that is applicable in particular to foodstuffs and other hygienically sensitive or perishable goods which by their nature cannot be re - sold after having been opened . exemptions from the right of withdrawal should also exist for certain other goods and services where the value is dependent on fluctuations in the market , for example to wine supplied a long time after the conclusion of the contract of a speculative nature or commodities .


### furthermore , in case of distance contracts for the provision of services , for which the performance begins during the withdrawal period , it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part . therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreement . ### considering that the consumer when withdrawing from a service contract is not obliged to pay for the services supplied , certain service providers might prefer not to perform until the withdrawal period has expired to ensure being paid . therefore a consumer should be able to request the supply of services before the end of the withdrawal period . he should retain the right to withdraw from the contract during the withdrawal period , but should be prepared to bear the costs for any services provided up to the point of withdrawal from the contract . before the performance begins the trader should inform the consumer of any obligation to pay such costs .


### the application of a right of withdrawal may be inappropriate for certain services relating to accommodation , transport and leisure . the conclusion of the corresponding contracts implies the setting aside of capacity which , if a right of withdrawal was introduced , the trader may find difficult to fill . therefore these distance contracts should not be covered by the provisions on consumer information and the right of withdrawal . ### the application of a right of withdrawal may be inappropriate for certain services relating to accommodation , transport and leisure . the conclusion of the corresponding contracts implies the setting aside of capacity which , if a right of withdrawal was introduced , the business may find difficult to fill . therefore these distance and off - premises contracts should not be covered by the provisions on consumer information and the right of withdrawal .


### for the purpose of simplification and legal certainty , the right of withdrawal should apply to all types of off - premises contracts , except under strictly defined circumstances which can easily be proved . therefore , no right of withdrawal should apply for urgent repairs at the consumer ' s home for which such a right of withdrawal would be incompatible with the emergency situation as well as for supermarket home - delivery schemes which allow consumers to select food , drinks and other goods intended for current consumption in the household through the supermarket ' s website and have them delivered at their home . these are goods , which are inexpensive and bought regularly by consumers for their every day ' s consumption or everyday use in the household and should therefore not be subject to a right of withdrawal . the main difficulties encountered by consumers and the main source of disputes with traders are about delivery of goods , including goods getting lost or damaged during transport and late and partial delivery . therefore it is appropriate to clarify and harmonise the national rules on delivery and passing of risk . ### for the purpose of simplification and legal certainty , the right of withdrawal should apply to all types of distance and off - premises contracts , except under strictly defined circumstances which can easily be proved .


### in the context of consumer sales , the delivery of goods can take place in various ways . only a rule which may be freely derogated from will allow the necessary flexibility to take into account those variations . the consumer should be protected against any risk of loss or damage of the goods occurring during the transport arranged or carried out by the trader . the rule introduced on the passing of risk should not apply where the consumer unduly delays taking possession of the goods . in those circumstances , the consumer should bear the risk of loss or deterioration after the time of delivery as agreed with the trader . ### in the context of consumer sales , the delivery of goods can take place in various ways . only a rule which may be freely derogated from will allow the necessary flexibility to take into account those variations . the consumer should be protected against any risk of loss or damage of the goods occurring during the transport arranged or carried out by the business . the rule introduced on the passing of risk should not apply where the consumer unduly delays taking over of the goods . in those circumstances , the consumer should bear the risk of loss or deterioration after the time of delivery as agreed with the business . a consumer should be considered to have taken over the good when he has received it or has access to it .


### provisions on unfair contract terms should not apply to contract terms , which directly or indirectly reflect mandatory statutory or regulatory provisions of the member states which comply with community law . similarly terms which reflect the principles or provisions of international conventions to which the community or the member states are party , particularly in the transport area , should not be subject to the unfairness test . ### provisions on unfair contract terms should not apply to contract terms , which directly or indirectly reflect statutory , regulatory or public policy provisions of the member states which comply with union law . similarly terms which reflect the principles or provisions of international conventions to which the union or the member states are party , particularly in the transport area , should not be subject to the unfairness test .


### consumer contracts should be drafted in plain , intelligible language and be legible . traders should be free to choose the font type or size in which the contract terms are drafted . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the trader should seek the consumer ' s express consent to any payment in addition to the remuneration for the trader ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited . ### consumer contract terms should be drafted in plain , intelligible language and be legible . the consumer should be given an opportunity to read the terms before concluding the contract . this opportunity could be given to the consumer by providing him with the terms on request or making those terms otherwise available or attaching standard terms to the order form . the business should seek the consumer ' s express consent to any payment in addition to the remuneration for the business ' s main contractual obligation . inferring consent by using opt - out systems , such as pre - ticked boxes online should be prohibited .


### since the objectives of this directive cannot be sufficiently achieved by the member states and can therefore be better achieved at community level , the community may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty . 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 eliminate the internal market barriers and achieve a high common level of consumer protection . ### since the objectives of this directive 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 . 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 eliminate the internal market barriers and achieve a high common level of consumer protection .


### ' 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 ; ### ' consumer ' means any natural person who , in contracts covered by this directive , is acting for purposes which are outside his trade , business or profession ;


### ' service contract ' means any contract other than a sales contract whereby a service is provided by the trader to the consumer ; ### ' service contract ' means any contract under which a business undertakes to supply a service to the consumer in exchange for a price ;


### ' distance contract ' means any sales or service contract where the trader , for the conclusion of the contract , makes exclusive use of one or more means of distance communication ; ### ' distance contract ' means any contract for the provision of a good or supply of a service concluded between a business and a consumer under an organised distance sales or service - provision scheme where the business and the consumer , for the conclusion of the contract , are not simultaneously physically present , but , rather , makes exclusive use of one or more means of distance communication ;


### ' distance contract ' means any sales or service contract where the trader , for the conclusion of the contract , makes exclusive use of one or more means of distance communication ; ### ) ' distance contract ' means any sales or service contract concluded between a trader and a consumer where the trader , when initiating the contract and , in particular , establishing the essential elements thereof and also for the conclusion of the contract , makes exclusive use of one or more means of distance communication ;


### ' off - premises contract ' means : ### ' off - premises contract ' means any contract between a business and a consumer for the provision of a good or supply of a service :


### any sales or service contract concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contract for which an offer was made by the consumer in the same circumstances , or ### which is concluded away from business premises with the simultaneous physical presence of the business and the consumer , or


### any sales or service contract concluded on business premises but negotiated away from business premises , with the simultaneous physical presence of the trader and the consumer . ### which is concluded on business premises but whose main components have been determined away from business premises , with the simultaneous physical presence of the business and the consumer .


### ' public auction ' means a method of sale where goods are offered by the trader to consumers , who attend or are given the possibility to attend the auction in person , through a competitive bidding procedure run by an auctioneer and where the highest bidder is bound to purchase the goods ; ### ' public auction ' means a method of sale where good or a service is offered by the business to consumers , during an event which is physically accessible to the public , through a competitive bidding procedure run by an a third party for pecuniary consideration ; in an ascending price auction , the good or service goes to the consumer making the highest bid ; in a descending price auction , the good or service goes to the consumer who is first to agree immediately to purchase the good or service for the asking price ;


### ' producer ' means the manufacturer of goods , the importer of goods into the territory of the community or any person purporting to be a producer by placing his name , trade mark or other distinctive sign on the goods ; ### ' producer ' means the manufacturer of goods , the importer of goods into the territory of the union or any person purporting to be a producer by placing his name , trade mark or other distinctive sign on the goods ;


### ' commercial guarantee ' means any undertaking by the trader or producer to the consumer to reimburse the price paid or to replace , repair or service goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ; ### ' commercial guarantee ' means any undertaking by the business or producer to the consumer , in addition to discharging its legal obligations , to reimburse the price paid or to replace , repair or service goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising available at the time of , or before the conclusion of the contract ;


### ' ancillary contract ' means a contract by which the consumer acquires goods or services related to a distance contract or an off - premises contract and these goods or services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader . ### ' linked contract ' means a contract by which the consumer acquires goods or services and which forms a single commercial transaction with a distance contract or an off - premises contract and these goods or services are provided by the business or a third party on the basis of an arrangement between that third party and the business . a single commercial transaction exists where the good or service covered by the linked contract serves to perform the other contract or is intended for use of the good or service covered by the other contract .


### this directive shall apply , under the conditions and to the extent set out in its provisions , to sales and service contracts concluded between the trader and the consumer . ### this directive shall apply , under the conditions and to the extent set out in its provisions , to contracts concluded between the business and the consumer .


### member states may 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 . ### member states may 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 in this directive .


### consumer information ### consumer information and right of withdrawal for distance and off - premises contracts


### prior to the conclusion of any sales or service contract , the trader shall provide the consumer with the following information , if not already apparent from the context : ### in good time before the consumer is bound by any distance or off - premises contract or offer , the business or any person acting in his name or on his behalf shall provide the consumer with the following information , in a clear and intelligible manner :


### the main characteristics of the product , to an extent appropriate to the medium and the product ; ### the main characteristics of the good or service , to an extent appropriate to the medium and the good or service ;


### the geographical address and the identity of the trader , such as his trading name and , where applicable , the geographical address and the identity of the trader on whose behalf he is acting ; ### the identity of the business , such as its trading name ;


### in the case of a public auction , the information in paragraph 1 may be replaced by the geographical address and the identity of the auctioneer . ### in the case of a public auction , the information in points and of paragraph 1 may be replaced by the equivalent details for the auctioneer .


### the information referred to in paragraph 1 shall form an integral part of the sales or service contract . ### the information referred to in paragraph 1 shall form an integral part of the sales or service distance or off - premises contract .


### without prejudice to articles 7 , 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 . ### without prejudice to articles 13 and 42 , the consequences of any breach of article 5 , shall be determined in accordance with the applicable national law . member states shall provide in their national laws for effective contract law remedies for any breach of article 5 .


### with respect to off - premises contracts , the information provided for in article 9 shall be given in the order form in plain and intelligible language and be legible . the order form shall include the standard withdrawal form set out in annex i . ### with respect to off - premises contracts , the information provided for in article 5 shall be given in good time before the consumer if bound by any contract or offer , in so far as this appears appropriate in view of the nature of the contract , in the contract document or on another durable medium in plain and intelligible language and be legible .


### with respect to distance contracts , the information provided for in article 9 shall be given or made available to the consumer prior to the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used . ### with respect to distance contracts , the information provided for in article 5 shall be given or made available in good time before the consumer if bound by any contract or offer , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used .


### if the contract is concluded through a medium which allows limited space or time to display the information , the trader shall provide at least the information regarding the main characteristics of the product and the total price referred to in articles 5 and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 and 7 shall be provided by the trader to the consumer in an appropriate way in accordance with paragraph 1 . ### if the contract is concluded through a medium which allows limited space or time to display the information , the business shall provide at least the information regarding the main characteristics of the product and the total price referred to in articles 5 and on that particular medium prior to the conclusion of such a contract . the other information referred to in articles 5 shall be provided by the business to the consumer in an appropriate way in accordance with paragraph 1 .


### if the trader has not provided the consumer with the information on the right of withdrawal in breach of articles 9 , 10 and 11 , the withdrawal period shall expire three months after the trader has fully performed his other contractual obligations . ### if the business has not provided the consumer with the information on the right of withdrawal in breach of articles 5 , 10 and 11 , the withdrawal period shall expire one year from the day referred to in article 12 , and .


### the consumer shall inform the trader of his decision to withdraw on a durable medium either in a statement addressed to the trader drafted in his own words or using the standard withdrawal form as set out in annex i . ### before expiry of the withdrawal period , the consumer shall inform the business of its decision to withdraw on a durable medium . for this purpose , the consumer may either model withdrawal form as set out in annex i or make any other clearly worded statement .


### for distance contracts concluded on the internet , the trader may , in addition to the possibilities referred to in paragraph 1 , give the option to the consumer to electronically fill in and submit the standard withdrawal form on the trader ' s website . in that case the trader shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay . ### for distance contracts business may , in addition to the possibilities referred to in paragraph 1 , give the option to the consumer either to email the model withdrawal form in annex i or any other withdrawal statement or to electronically fill in and submit the form on a website . in the latter case the business shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay


### to conclude an off - premises contract , in cases where an offer was made by the consumer . ### to conclude a distance or off - premises contract , in cases where an offer was made by the consumer .


### obligations of the trader in case of withdrawal ### reimbursement by the business in case of withdrawal


### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself . ### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen calendar days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself


### for sales contracts for which the material possession of the goods has been transferred to the consumer or at his request , to a third party before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them , within fourteen days from the day on which he communicates his withdrawal to the trader , unless the trader has offered to collect the goods himself . ### for distance and off - premises contracts for the supply of goods where consumer or at his request , to a third party has taken over the goods before the expiration of the withdrawal period , the consumer shall send back the goods or hand them over to the business or to a person authorised by the business to receive them , within fourteen days from the day on which he communicates his withdrawal to the business , unless the business has offered to collect the goods itself .


### in respect of distance contracts , the right of withdrawal shall not apply as regards the following : ### in respect of distance and off - premises contracts , the right of withdrawal shall not apply as regards the following :


### 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 ; ### the supply of goods or services for which the price is dependent on fluctuations in the market which cannot be controlled by the business and which may occur within the withdrawal period ;


### the supply of goods made to the consumer ' s specifications or clearly personalized or which are liable to deteriorate or expire rapidly ; ### the supply of goods or services made or tailored to the consumer ' s specifications or clearly personalized , or goods which are liable to deteriorate or expire rapidly ;


### the supply of wine , 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 beyond the time - limit referred to in article 22 and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader ; ### the supply of wine , the price of which has been agreed upon at the time of the conclusion of the contract , the delivery of which can only take place beyond the time - limit referred to in article 22 and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the business ;


### the supply of sealed audio or video recordings or computer software which were unsealed by the consumer ; ### the supply of sealed audio or video recordings or sealed computer software which were unsealed by the consumer ;


### the parties may agree not to apply paragraphs 1 and 2 . ### the parties may agree not to apply paragraph 1 .


### unless the parties have agreed otherwise , the trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party , other than the carrier and indicated by the consumer , within a maximum of thirty days from the day of the conclusion of the contract . ### unless the parties have agreed otherwise , the business shall deliver the goods by making the goods available to the consumer or to a third party , other than the carrier and indicated by the consumer , within a reasonable time which in any event shall not be more than thirty days from the day of the conclusion of the contract .


### the risk referred to in paragraph 1 shall pass to the consumer at the time of delivery as agreed by the parties , if the consumer or a third party , other than the carrier and indicated by the consumer has failed to take reasonable steps to acquire the material possession of the goods . ### the risk referred to in paragraph 1 shall pass to the consumer from the time when the goods should have been taken over if the consumer or a third party indicated by the consumer has failed to perform the obligation to take over the goods and the non - performance is not excused due to an impediment .


### delivered goods shall be presumed to be in conformity with the contract if they satisfy the following conditions : ### delivered goods shall be presumed to be in conformity with the sales contract if they satisfy the following conditions :


### there shall be no lack of conformity for the purposes of this article if , at the time the contract was concluded , the consumer was aware , or should reasonably have been aware of , the lack of conformity , or if the lack of conformity has its origin in materials supplied by the consumer . ### there shall be no lack of conformity for the purposes of this article where , at the time the contract was concluded , the consumer was aware , or should reasonably have been aware of , the lack of conformity , or where the lack of conformity has its origin in materials supplied by the consumer .


### the trader shall not be bound by public statements , as referred to in paragraph 2 if he shows that one of the following situations existed : ### the business shall not be bound by public statements , as referred to in paragraph 2 where one of the following situations existed :


### as provided for in paragraphs 2 to 5 , where the goods do not conform to the contract , the consumer is entitled to : ### where the goods do not conform to the contract , the consumer is entitled either to


### as provided for in paragraphs 2 to 5 , where the goods do not conform to the contract , the consumer is entitled to : ### under the conditions provided for in paragraphs 2 to 5 , where the goods do not conform to the contract , the consumer shall be entitled to :


### the same defect has reappeared more than once within a short period of time . ### the same defect has reappeared twice .


### the same defect has reappeared more than once within a short period of time . ### after repair the same defect has reappeared more than once within a short period of time .


### without prejudice to the provisions of this chapter , the consumer may claim damages for any loss not remedied in accordance with article 26 . ### without prejudice to the provisions of this chapter , the consumer may claim damages provided for by national law for any loss not remedied in accordance with article 26 .


### set the contents of the commercial guarantee and the conditions for making claims , notably the duration , territorial scope and the name and address of the guarantor , ### set the contents of the commercial guarantee and the conditions for making claims , notably the duration , territorial scope , the name and address of the guarantor and the name and address of the person to whom any notification is to be made and the procedure by which the notification is to be made ,


### if the consumer so requests , the trader shall make the guarantee statement available in a durable medium . ### the business shall make the guarantee statement available in a durable medium . if this obligation is not observed the guarantee holder may require the guarantor to provide the guarantee statement which conforms with the requirements in paragraph 2 .


### the fact that the consumer had the possibility of influencing the content of certain aspects of a contract term or one specific term , shall not exclude the application of this chapter to other contract terms which form part of the contract . ### the fact that the content of certain aspects of a contract term or one specific term have been individually negotiated , shall not exclude the application of this chapter to other contract terms which form part of the contract . .


### without prejudice to articles 34 and 38 , the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , at the time of the conclusion of the contract , to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent . when assessing the fairness of a contract term , the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with article 31 . ### without prejudice to articles 34 and 38 , the unfairness of a contract term shall be assessed , taking into account the nature of the products for which the contract was concluded and by referring , at the time of the conclusion of the contract , to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent .


### paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader ' s main contractual obligation , provided that the trader fully complies with article 31 . ### paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the business ' main contractual obligation , provided that the business fully complies with article 31 and 31 .


### contract terms which are unfair shall not be binding on the consumer . the contract shall continue to bind the parties if it can remain in force without the unfair terms . ### contract terms which are unfair according to this directive shall not be binding on the consumer in accordance with national law . the contract shall continue to bind the parties if it can remain in force without the unfair terms .


### member states shall ensure that , in the interests of consumers and competitors , adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by traders . ### member states shall ensure that , in the interests of consumers and competitors , adequate and effective means exist to prevent the use of unfair terms in contracts concluded with consumers by businesses .


### member states shall enable the courts or administrative authorities to apply appropriate and effective means to prevent traders from continuing to use terms which have been found unfair . ### member states shall enable the courts or administrative authorities to apply appropriate and effective means to prevent businesses from the use of terms which have been found unfair .


### the consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a product as prohibited by article 5 and point 29 of annex i of directive 2005 / 29 / ec . the absence of a response from the consumer following such an unsolicited supply shall not constitute consent . ### the consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a good or service as prohibited by article 5 and point 29 of annex i of directive 2005 / 29 / ec . the absence of a response from the consumer following such an unsolicited supply shall not constitute consent .


### directives 85 / 577 / eec 93 / 13 / eec and 97 / 7 / ec and directive 1999 / 44 / ec , as amended by the directives listed in annex iv , are repealed . ### directives 85 / 577 / eec 93 / 13 / eec and 97 / 7 / ec and directive 1999 / 44 / ec , as amended by the directives listed in annex iv , are repealed as of [ date of transposition ] .


### information to be provided with the withdrawal form the name , geographical address and the email address of the trader to whom the withdrawal form must be sent . 2 . a statement that the consumer has a right to withdraw from the contract and that this right can be exercised by sending the withdrawal form below on a durable medium to the trader referred to in paragraph 1 : for off - premises contracts , within a period of fourteen days following his signature of the order form ; for distance sales contracts , within a period of fourteen days following the material possession of the goods by the consumer or a third party , other than the carrier and indicated by the consumer ; for distance service contracts : - within a period of fourteen days following the conclusion of the contract , where the consumer has not given his prior express consent for the performance of the contract to begin before the end of this fourteen day period ; - within a period ending when the performance of the contract begins , where the consumer has given his prior express consent for the performance of the contract to begin before the end of the fourteen day period . 3 . for all sales contracts , a statement informing the consumer about the time - limits and modalities to send back the goods to the trader and the conditions for the reimbursement in accordance with articles 16 and 17 . 4 . for distance contracts concluded on the internet , a statement that the consumer can electronically fill in and submit the standard withdrawal form on the trader ' s website and that he will receive an acknowledgement of receipt of such a withdrawal from the trader by email without delay . 5 . a statement that the consumer can use the withdrawal form set out in part b . ### model instructions on withdrawal right of withdrawal you may withdraw on a durable medium from this contract within a period of 14 days without giving any reason . the period for withdrawal shall begin [ on receipt of the goods ordered ] 1 . the day [ on which the goods are received ] 2 shall not be counted as part of the period for withdrawal . if the last day of the period for withdrawal falls on a public holiday , a saturday or a sunday , the period shall end on the first working day thereafter . the period for withdrawal shall be deemed to have been observed if notice of withdrawal is sent before its expiry . notice of withdrawal should be sent on a durable medium 3 to : 4 . you may use the model withdrawal form below , although you are not required to do so . effects of withdrawal for withdrawal to be valid you must send the goods back , at [ our expense ] 5 , within a period of 14 days of sending your notice of withdrawal . the day on which you send the notice of withdrawal shall not be counted as part of the period for return of the goods . if the last day of this period falls on a public holiday , a saturday or a sunday , the period shall end on the first working day thereafter . if you are unable to return the goods in their original condition , you shall be liable for any deterioration in their value . this provision shall apply only if the deterioration in value is attributable to the goods having been handled in a manner other than that necessary for ascertaining their nature , qualities and functioning . you can prevent deterioration by refraining from using the goods as you would your own property and by avoiding any form of handling liable to reduce their value . in the case of valid withdrawal , we must reimburse within a period of 14 days any payment you have made to us . the period for reimbursement shall begin when we receive your notice of withdrawal . the day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement . if the last day of this period falls on a public holiday , a saturday or a sunday , the period shall end on the first working day thereafter . we may refuse to reimburse you until we have [ received the returned goods ] 6 advice on alternative wording : in the following specific cases , the text in parentheses should read as indicated : unless provided otherwise for distance or off - premises contracts for the supply of services : ' from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium , if this is not the day of conclusion of the contract ' . 2 . in the following specific cases , the text in parentheses should read as indicated : unless provided otherwise for distance or off - premises contracts for the supply of services : ' from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium , if this is not the day of conclusion of the contract ' . 3 . in the case of distance contracts , additional text should be the inserted as follows : if the business allows the consumer to withdraw from the contract by e - mail : ' or by e - mail ' ; if the business allows the consumer to fill in a model form electronically on a website : ' or via our website ' . 4 . to be inserted : the business ' name and business address . in the case of distance contracts , the following must also be indicated : the e - mail and / or web address of the business which the consumer can use to withdraw from the contract . 5 . if the price of the goods to be returned is not more than eur 50 , the text in parentheses should read as follows : ' your own expense ' . 6 . if the business offers to collect the goods from the consumer , the text in parentheses should read as follows : ' collected the goods from you ' .


### model withdrawal form – to – i / we* hereby give notice that i / we* withdraw from my / our* contract of sale of the following goods* / provision of the following service* – ordered on* / received on* – name of consumer – address of consumer – signature of consumer – date *delete as appropriate . ### model withdrawal form – to : – i / wehereby give notice that i / we* withdraw from my / our* contract of with you – ordered on – name of consumer – address of consumer – consumersignature of – date to be filled in by the business before providing the form to the consumer . delete where non - applicable . to be filled in by the consumer if this form is used for withdrawal from the contract


### limiting the trader ' s obligation to respect commitments undertaken by his agents or making his commitments subject to compliance with a particular condition which depends exclusively on the trader ; ### limiting the business ' obligation to respect commitments undertaken by its agents or making its commitments subject to compliance with a particular condition , the fulfilment of which depends exclusively on the business ;


### enabling the trader to terminate an open - ended contract without reasonable notice except where the consumer has committed a serious breach of contract ; ### enabling the business to terminate a contractual relationship of indeterminate duration without reasonable notice , except where there are serious grounds for doing so ; this does not affect terms in financial services contracts where there is a valid reason , provided the supplier is required to inform the other contracting party thereof immediately ;


### allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract ; ### providing that the price of goods or other assets is to be determined at the time of delivery or supply or allowing the business to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract if the increased price is too high in relation to the price agreed at the conclusion of the contract ; this does not affect price - indexation clauses , where lawful , provided that the method by which prices vary is explicitly described ;


### enabling the trader to unilaterally alter the terms of the contract including the characteristics of the product or service ; ### enabling the business to unilaterally alter the terms of the contract including the characteristics of the product or service without a valid reason which is specified in the contract ; this does not affect terms under which a supplier of financial services reserves the right to change the rate of interest to be paid by , or to , the consumer , or the amount of other charges for financial services without notice where there is a valid reason , provided that the supplier is required to inform the consumer at the earliest opportunity and that the consumer is free to terminate the contractual relationship with immediate effect ; neither does it affect terms under which a business reserves the right to alter unilaterally the conditions of a contract of indeterminate duration , provided that the business is required to inform the consumer with reasonable notice , and that the consumer is free to terminate the contractual relationship ;


### point 1 shall not apply to ### point 1 , and shall not apply to


### this regulation shall apply to all documents held by an institution , namely , documents drawn up or received by it and in its possession concerning a matter relating to the policies , activities and decisions falling within its sphere of responsibility , in all areas of activity of the european union . ### this regulation shall apply to all documents held by an institution , body , office or agency of the european union concerning a matter relating to the policies , activities , closed procedures concerning infringements of eu law and decisions falling within its sphere of responsibility , in all areas of activity of the european union .


### ' third party ' means any natural or legal person , or any entity outside the institution concerned , including the member states , other community or non - community institutions and bodies and third countries . ### ' third party ' means any natural or legal person , or any entity outside the institution concerned , other union or non - union institutions and bodies and third countries .


### the financial , monetary or economic policy of the community or a member state ; ### the financial , monetary or economic policy of the european union or a member state ;


### the purpose of inspections , investigations and audits ; ### the purpose of inspections , investigations , competition proceedings and audits ;


### names , titles and functions of public office holders , civil servants and interest representatives in relation with their professional activities shall be disclosed unless , given the particular circumstances , disclosure would adversely affect the persons concerned . other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in ec legislation on the protection of individuals with regard to the processing of personal data . ### names , titles and functions of public office holders , civil servants and interest representatives in relation with their professional activities shall be disclosed solely with the consent of the originator , unless , given the particular circumstances , disclosure would adversely affect the privacy and integrity of the persons concerned . other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in union legislation on the protection of individuals with regard to the processing of personal data . consent shall be requested from public office holders , civil servants and interest representatives prior to having their names , titles and functions included in a document . where an institution , body , office or agency refuses access to a document on the basis of paragraph 1 , it shall consider whether partial access to that document is possible .


### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , the authorities of that member state shall be consulted . the institution holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 or on specific provisions in its own legislation preventing disclosure of the document concerned . the institution shall appreciate the adequacy of reasons given by the member state insofar as they are based on exceptions laid down in this regulation . ### where an application concerns a document originating from a member state , other than documents transmitted in the framework of procedures leading to a legislative act or a non - legislative act of general application , or information submitted to the commission concerning the implementation of union legislation , until such time as any court proceedings relating to it have begun , the authorities of that member state shall be consulted . the institution , body , office or agency holding the document shall disclose it unless the member state gives reasons for withholding it , based on the exceptions referred to in article 4 . the institution shall appreciate the adequacy of such reasons given by the member state .


### in the event of a total or partial refusal , the applicant may , within 15 working days of receiving the institution’s reply , make a confirmatory application asking the institution to reconsider its position . ### the institution shall notify the applicant whether , and if so when , partial or full access to the document is likely to be possible at a later point in time . the applicant may , within 15 working days of receiving the institution’s reply , make a confirmatory application asking the institution to reconsider its position .


### sensitive documents are documents originating from the institutions or the agencies established by them , from member states , third countries or international organisations , classified as &#171 ; tr&#200 ; s secret / top secret&#187 ; , &#171 ; secret&#187 ; or &#171 ; confidentiel&#187 ; in accordance with the rules of the institution concerned , which protect essential interests of the european union or of one or more of its member states in the areas covered by article 4 , notably public security , defence and military matters . ### sensitive documents are documents originating from the institutions or the bodies , offices or agencies established by them , from member states , third countries or international organisations , classified as &#171 ; tr&#200 ; s secret / top secret&#187 ; , &#171 ; secret&#187 ; or &#171 ; confidentiel&#187 ; in accordance with common rules laid down by the institutions , bodies , offices and agencies which protect essential interests of the european union or of one or more of its member states in the areas covered by points and of article 4 , notably public security , defence and military matters .


### the rules of the institutions concerning sensitive documents shall be made public . ### the common rules of the institutions , bodies , offices and agencies concerning sensitive documents shall be made public .


### documents drawn up or received in the course of procedures for the adoption of eu legislative acts or non - legislative acts of general application shall , subject to articles 4 and 9 , be made directly accessible to the public . ### the institutions shall as far as possible make documents directly accessible to the public in electronic form or through a register in accordance with the rules of the institution , body , office or agency concerned .


### establishing an integrated single market for electronic payments is crucial in order to ensure that consumers , merchants and companies enjoy the full benefits of the internal market , given the development of the digital economy . ### establishing an integrated single market for electronic payments is crucial in order to support the growth of the eu economy and to ensure that consumers , merchants and companies enjoy the full benefits of the internal market , given the development of the digital economy .


### the revised regulatory framework for payment services is complemented by regulation [ xx / xx / xx ] of the european parliament and of the council26 . that regulation introduces rules with regard to the charging of multilateral and bilateral interchange fees for all consumer debit and credit card transactions and electronic and mobile payments based on those transactions , and puts restrictions on the use of certain business rules with regard to card transactions . that regulation aims at further accelerating the achievement of an effective integrated market for card based payments . __________________ 26 regulation no [ xx / xx / xx / ] of the european parliament and of the council [ date ] on interchange fees for card - based payment transactions . ### the revised regulatory framework for payment services is complemented by regulation [ xx / xx / xx ] of the european parliament and of the council26 . that regulation introduces rules with regard to the charging of multilateral and bilateral interchange fees for all consumer debit and credit card transactions and electronic and mobile payments based on those transactions thus removing an important barrier between national payment markets , and puts restrictions on the use of certain business rules with regard to card transactions . that regulation aims at further accelerating the achievement of an effective integrated market for card based payments . __________________ 26 regulation no [ xx / xx / xx / ] of the european parliament and of the council [ date ] on interchange fees for card - based payment transactions .


### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores , or for a limited range of goods or services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network . ### feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services , which does not fit the purpose of the limited network exemption as provided for in directive 2007 / 64 / ec . that implies greater risks and no legal protection for payment service users , in particular for consumers and clear disadvantages for regulated market actors . a more precise description of a limited network , in line with directive 2009 / 110 / ec , is necessary in order to limit those risks . a payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores , or for a limited range of goods or public or private services , regardless of the geographical location of the point of sale . such instruments could include store cards , petrol cards , membership cards , public transport cards , parking vouchers , meal vouchers or vouchers for specific services , which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation . where such a specific - purpose instrument develops into a general purpose instrument , the exemption from the scope of this directive should no longer apply . instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this directive as such instruments are typically designed for a network of service providers which is continuously growing . the exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network .


### since the adoption of directive 2007 / 64 / ec new types of payment services have emerged , especially in the area of internet payments . in particular , third party providers have evolved , offering so - called payment initiation services to consumers and merchants , often without entering into the possession of the funds to be transferred . those services facilitate the e - commerce payments by establishing a software bridge between the website of the merchant and the online banking platform of the consumer in order to initiate internet payments on the basis of credit transfers or direct debits . the tpps offer a low - cost alternative to card payments for both merchants and consumers and provide consumers a possibility to shop online even if they do not possess credit cards . however , as tpps are currently not subject to directive 2007 / 64 / ec , they are not necessarily supervised by a competent authority and do not follow the requirements of directive 2007 / 64 / ec . this raises a series of legal issues , such as consumer protection , security and liability as well as competition and data protection issues . the new rules should therefore respond to those issues . ### since the adoption of directive 2007 / 64 / ec new types of payment services have emerged , especially in the area of internet payments . in particular , third party providers have evolved , offering so - called payment initiation services to consumers and merchants , often without entering into the possession of the funds to be transferred . those services facilitate the e - commerce payments by establishing a software bridge between the website of the merchant and the online banking platform of the consumer in order to initiate internet payments on the basis of credit transfers or direct debits . the tpps offer a low - cost alternative to card payments for both merchants and consumers and provide consumers a possibility to shop online even if they do not possess credit cards . however , as tpps are currently not subject to directive 2007 / 64 / ec , they are not necessarily supervised by a competent authority and do not follow the requirements of directive 2007 / 64 / ec . this raises a series of legal issues , such as consumer protection , security and liability as well as competition and data protection issues . a european regulation and supervision should thus be applicable to tpps . the new rules should therefore respond to those issues , safeguard the high level of security as well as ensure practicability and user - friendliness in the interaction with account servicing payment service providers .


### since the adoption of directive 2007 / 64 / ec new types of payment services have emerged , especially in the area of internet payments . in particular , third party providers have evolved , offering so - called payment initiation services to consumers and merchants , often without entering into the possession of the funds to be transferred . those services facilitate the e - commerce payments by establishing a software bridge between the website of the merchant and the online banking platform of the consumer in order to initiate internet payments on the basis of credit transfers or direct debits . the tpps offer a low - cost alternative to card payments for both merchants and consumers and provide consumers a possibility to shop online even if they do not possess credit cards . however , as tpps are currently not subject to directive 2007 / 64 / ec , they are not necessarily supervised by a competent authority and do not follow the requirements of directive 2007 / 64 / ec . this raises a series of legal issues , such as consumer protection , security and liability as well as competition and data protection issues . the new rules should therefore respond to those issues . ### since the adoption of directive 2007 / 64 / ec new types of payment services have emerged , especially in the area of internet payments . in particular , third party providers have evolved , offering so - called payment initiation services to consumers and merchants , often without entering into the possession of the funds to be transferred . those services facilitate the e - commerce payments by establishing a software bridge between the website of the merchant and the online banking platform of the consumer in order to initiate internet payments on the basis of credit transfers or direct debits . the tpps offer a low - cost alternative to card payments for both merchants and consumers and provide consumers a possibility to shop online even if they do not possess credit cards . tpps also represent important security challenges to the safeguarding of the integrity of payments and personal data made available to them by payers . however , as tpps are currently not subject to directive 2007 / 64 / ec , they are not necessarily supervised by a competent authority and do not follow the requirements of directive 2007 / 64 / ec . this raises a series of legal issues , such as consumer protection , security and liability as well as competition and data protection issues . the new rules should therefore address all those challenges appropriately and ensure that tpps operating in the union are licensed or registered and supervised as payment institutions .


### money remittance is a simple payment service that is usually based on cash provided by a payer to a payment service provider , which remits the corresponding amount , for example via communication network , to a payee or to another payment service provider acting on behalf of the payee . in some member states supermarkets , merchants and other retailers provide to the public a corresponding service enabling the payment of utility and other regular household bills . those bill - paying services should be treated as money remittance , unless the competent authorities consider the activity to fall under another payment service . ### money remittance is a simple payment service that is usually based on cash provided by a payer to a payment service provider , which remits the corresponding amount , for example via communication network , to a payee or to another payment service provider acting on behalf of the payee . in some member states atms , supermarkets , merchants and other retailers provide to the public a corresponding service enabling the payment of utility and other regular household bills . those bill - paying services should be treated as money remittance , unless the competent authorities consider the activity to fall under another payment service .


### to enhance transparency on the payment institutions authorised by or registered with competent authorities , including their agents and branches , a web portal serving as european electronic access point should be established with eba , interconnecting the national registers . these measures should aim at contributing to the enhancement of the cooperation between the competent authorities . ### to enhance transparency on the payment institutions authorised by or registered with competent authorities , including their agents and branches , a web portal serving as european electronic access point should be established with eba , interconnecting the national registers . these measures should aim at contributing to the enhancement of the cooperation between the competent authorities , fully contributing to a payments environment which nurtures competition , innovation and security to the benefits of all stakeholders and consumers in particular .


### this directive should specify the obligations on payment service providers as regards the provision of information to the payment service users who should receive the same high level of clear information about payment services in order to make well - informed choices and be able to choose freely within the union . in the interest of transparency this directive should lay down the harmonised requirements needed to ensure that necessary and sufficient information is given to the payment service users with regard to the payment service contract and the payment transactions . in order to promote smooth functioning of the single market in payment services , member states should be able to adopt only those information provisions laid down in this directive . ### this directive should specify the obligations on payment service providers as regards the provision of information to the payment service users who should receive the same high level of clear information about payment services in order to make well - informed choices based on a comparison of the conditions of the various providers and be able to choose freely within the union . in the interest of transparency this directive should lay down the harmonised requirements needed to ensure that necessary and sufficient information is given to the payment service users with regard to the payment service contract and the payment transactions . in order to promote smooth functioning of the single market in payment services , member states should be able to adopt only those information provisions laid down in this directive .


### this directive should specify the obligations on payment service providers as regards the provision of information to the payment service users who should receive the same high level of clear information about payment services in order to make well - informed choices and be able to choose freely within the union . in the interest of transparency this directive should lay down the harmonised requirements needed to ensure that necessary and sufficient information is given to the payment service users with regard to the payment service contract and the payment transactions . in order to promote smooth functioning of the single market in payment services , member states should be able to adopt only those information provisions laid down in this directive . ### this directive should specify the obligations on payment service providers as regards the provision of information to the payment service users who should receive the same high level of clear information about payment services in order to make well - informed choices and be able to choose freely within the union . in the interest of transparency this directive should lay down the harmonised requirements needed to ensure that necessary , sufficient and comprehensible information is given to the payment service users with regard to the payment service contract and the payment transactions . in order to promote smooth functioning of the single market in payment services , member states should be able to adopt only those information provisions laid down in this directive .


### the information required should be proportionate to the needs of users and communicated in a standard format . however , the information requirements for a single payment transaction should be different from those of a framework contract which provides for the series of payment transactions . ### the information required should be proportionate to the needs of users and communicated in a standard format , enhancing efficiency . however , the information requirements for a single payment transaction should be different from those of a framework contract which provides for the series of payment transactions .


### the information required should be proportionate to the needs of users and communicated in a standard format . however , the information requirements for a single payment transaction should be different from those of a framework contract which provides for the series of payment transactions . ### the information required should be proportionate to the needs of users and communicated in a standard and clear format . however , the information requirements for a single payment transaction should be different from those of a framework contract which provides for the series of payment transactions .


### this directive should provide for the consumer’s right to receive relevant information free of charge before being bound by any payment service contract . the consumer should also be able to request prior information as well as the framework contract , on paper , free of charge at any time during the contractual relationship , so as to enable them to compare payment service providers’ services and their conditions and in case of any dispute verify their contractual rights and obligations . those provisions should be compatible with directive 2002 / 65 / ec . the explicit provisions on free information in this directive should not have the effect of allowing charges to be imposed for the provision of information to consumers under other applicable directives . ### this directive should provide for the consumer’s right to receive relevant information free of charge before being bound by any payment service contract . the consumer should also be able to request prior information as well as the framework contract , on paper , free of charge at any time during the contractual relationship , so as to enable them to compare payment service providers’ services and their conditions and in case of any dispute verify their contractual rights and obligations , therefore maintaining a high level of consumer protection . those provisions should be compatible with directive 2002 / 65 / ec . the explicit provisions on free information in this directive should not have the effect of allowing charges to be imposed for the provision of information to consumers under other applicable directives .


### it is necessary to set up the criteria under which tpps are allowed to access and use the information on the availability of funds on the payment service user account held with another payment service provider . in particular , necessary data protection and security requirements set or referred to in this directive or included in the eba guidelines should be fulfilled by both the tpp and the payment service provider servicing the account of the payment service user . the payers should give an explicit consent to the tpp to access their payment account and be properly informed about the extent of this access . to allow the development of other payment services providers which cannot receive deposits , it is necessary that credit institutions provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrument . ### it is necessary to set up the criteria under which tpps are allowed to access and use the information on the availability of funds on the payment service user account held with another payment service provider . in particular , necessary data protection and security requirements set or referred to in this directive or included in the eba guidelines should be fulfilled by both the tpp and the payment service provider servicing the account of the payment service user . payers should be informed unequivocally where they are using a tpp and should give explicit consent to the tpp to access their payment account and be properly informed about the extent of this access . to allow the development of other payment services providers which cannot receive deposits , it is necessary that credit institutions provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrument . to ensure the free access to the market of innovative payment service providers , no contract or agreement between an account servicing payment service provider and a tpp should be required .


### in the case of unauthorized payment transactions the payer should be refunded immediately the amount of the respective transaction . in order to prevent the payer from any disadvantages , the credit value date of the refund should not be later than the date when the respective amount has been debited . in order to provide an incentive for the payment service user to notify , without undue delay , the provider of any theft or loss of a payment instrument and thus to reduce the risk of unauthorised payment transactions , the user should be liable only for a very limited amount , unless the payment service user has acted fraudulently or with gross negligence . in this context an amount of eur 50 seems to be adequate in order to ensure a harmonized and a high level user protection within the union . moreover , once users have notified a payment service provider that their payment instrument may have been compromised , the users should not be required to cover any further losses stemming from unauthorised use of that instrument . this directive should be without prejudice to the payment service providers ' responsibility for technical security of their own products . ### in the case of unauthorized payment transactions the payer should , within one working day , be refunded the amount of the respective transaction . in order to prevent the payer from any disadvantages , the credit value date of the refund should not be later than the date when the respective amount has been debited . where this is no longer technically possible , the payer should also be compensated for loss of interest . in order to provide an incentive for the payment service user to notify , without undue delay , the provider of any theft or loss of a payment instrument and thus to reduce the risk of unauthorised payment transactions , the user should be liable only for a very limited amount , unless the payment service user has acted fraudulently or with gross negligence . in this context an amount of eur 50 seems to be adequate in order to ensure a harmonized and a high level user protection within the union . moreover , once users have notified a payment service provider that their payment instrument may have been compromised , the users should not be required to cover any further losses stemming from unauthorised use of that instrument . this directive should be without prejudice to the payment service providers ' responsibility for technical security of their own products .


### this directive should lay down rules for a refund to protect the consumer when the executed payment transaction exceeds the amount which could reasonably have been expected . in order to prevent a financial disadvantage for the payer , it needs to be ensured that the credit value date of any refund is no later than the date when the respective amount has been debited . in the case of direct debits payment service providers should be able to provide even more favourable terms to their customers , who should have an unconditional right to a refund of any disputed payment transactions . however , this unconditional refund right which ensures the highest level of consumer protection is not justified in cases where the merchant has already fulfilled the contract and the corresponding good or service has already been consumed . in cases where the user makes a claim for the refund of a payment transaction refund rights should affect neither the liability of the payer vis - à - vis the payee from the underlying relationship , e . g . for goods or services ordered , consumed or legitimately charged , nor the users rights with regard to revocation of a payment order . ### this directive should lay down rules for a refund to protect the consumer when the executed payment transaction exceeds the amount which could reasonably have been expected . in order to prevent a financial disadvantage for the payer , it needs to be ensured that the credit value date of any refund is no later than the date when the respective amount has been debited . where this is no longer technically possible , the payer should also be compensated for loss of interest . in the case of direct debits payment service providers should be able to provide even more favourable terms to their customers , who should have an unconditional right to a refund of any disputed payment transactions . however , this unconditional refund right which ensures the highest level of consumer protection is not justified in cases where the merchant has already fulfilled the contract and the corresponding good or service has already been consumed . in cases where the user makes a claim for the refund of a payment transaction refund rights should affect neither the liability of the payer vis - à - vis the payee from the underlying relationship , e . g . for goods or services ordered , consumed or legitimately charged , nor the users rights with regard to revocation of a payment order .


### different national practices concerning charging for the use of a given payment instrument have led to extreme heterogeneity of the union’s payments market and become a source of confusion for consumers , in particular in the e - commerce and cross - border context . merchants located in member states where surcharging is allowed offer products and services in member states where it is prohibited and in this case still surcharge the consumer . moreover , a strong rationale for revision of surcharging practices is supported by the fact that regulation no xxx / yyyy establishes rules for multilateral interchange fees for card - based payments . as interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card - based payments , the rules on interchange fees should be accompanied by a revision of surcharging rules . in order to promote cost transparency and the use of the most efficient payment instruments , member states and payment service providers should not prevent the payee from requesting a charge from the payer for using a specific payment instrument , duly taking into account the provisions set out in directive 2011 / 83 / eu . however , the right of the payee to request a surcharge should only apply to those payment instruments for which interchange fees are not regulated . this should act as a steering mechanism towards the cheapest means of payments . ### different national practices concerning charging for the use of a given payment instrument have led to extreme heterogeneity of the union’s payments market and become a source of confusion for consumers , in particular in the e - commerce and cross - border context . merchants located in member states where surcharging is allowed offer products and services in member states where it is prohibited and in this case still surcharge the consumer . moreover , a strong rationale for revision of surcharging practices is supported by the fact that regulation no xxx / yyyy establishes rules for multilateral interchange fees for card - based payments . as interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card - based payments , the rules on interchange fees should be accompanied by a revision of surcharging rules . in order to promote cost transparency and the use of the most efficient payment instruments , member states and payment service providers should not prevent the payee from requesting a charge from or providing a rebate to the payer for using a specific payment instrument , duly taking into account the provisions set out in directive 2011 / 83 / eu . the charges should not exceed the direct transaction related costs like the merchant service charge for the specific transaction . this should act as a steering mechanism towards the cheapest means of payments .


### different national practices concerning charging for the use of a given payment instrument have led to extreme heterogeneity of the union’s payments market and become a source of confusion for consumers , in particular in the e - commerce and cross - border context . merchants located in member states where surcharging is allowed offer products and services in member states where it is prohibited and in this case still surcharge the consumer . moreover , a strong rationale for revision of surcharging practices is supported by the fact that regulation no xxx / yyyy establishes rules for multilateral interchange fees for card - based payments . as interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card - based payments , the rules on interchange fees should be accompanied by a revision of surcharging rules . in order to promote cost transparency and the use of the most efficient payment instruments , member states and payment service providers should not prevent the payee from requesting a charge from the payer for using a specific payment instrument , duly taking into account the provisions set out in directive 2011 / 83 / eu . however , the right of the payee to request a surcharge should only apply to those payment instruments for which interchange fees are not regulated . this should act as a steering mechanism towards the cheapest means of payments . ### different national practices concerning charging for the use of a given payment instrument have led to extreme heterogeneity of the union’s payments market and become a source of confusion for consumers , in particular in the e - commerce and cross - border context . merchants located in member states where surcharging is allowed offer products and services in member states where it is prohibited and in this case still surcharge the consumer . moreover , a strong rationale for revision of surcharging practices is supported by the fact that regulation no xxx / yyyy establishes rules for multilateral interchange fees for card - based payments . as interchange fees are one element making most card payments expensive and surcharging is in practice limited to card - based payments , the rules on interchange fees should be accompanied by a revision of surcharging rules . in order to promote cost transparency and the use of the most efficient payment instruments , member states and payment service providers should not prevent the payee from requesting a charge from the payer for using a specific payment instrument , duly taking into account the provisions set out in directive 2011 / 83 / eu . however , the right of the payee to request a surcharge should remain applicable during a transitional period and after that period apply to those payment instruments for which interchange fees are not regulated . this should act as a steering mechanism towards the cheapest means of payments .


### different national practices concerning charging for the use of a given payment instrument have led to extreme heterogeneity of the union ' s payments market and become a source of confusion for consumers , in particular in the e - commerce and cross - border context . merchants located in member states where surcharging is allowed offer products and services in member states where it is prohibited and in this case still surcharge the consumer . moreover , a strong rationale for revision of surcharging practices is supported by the fact that regulation no xxx / yyyy establishes rules for multilateral interchange fees for card - based payments . as interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card - based payments , the rules on interchange fees should be accompanied by a revision of surcharging rules . in order to promote cost transparency and the use of the most efficient payment instruments , member states and payment service providers should not prevent the payee from requesting a charge from the payer for using a specific payment instrument , duly taking into account the provisions set out in directive 2011 / 83 / eu . however , the right of the payee to request a surcharge should only apply to those payment instruments for which interchange fees are not regulated . this should act as a steering mechanism towards the cheapest means of payments . ### in order to promote cost transparency and the use of the most efficient payment instruments , member states and payment service providers should not prevent charging for the use of a given payment instrument therefore allowing the payee to requesting a charge from the payer for using a specific payment instrument , provided that such charge will not exceed the costs borne by the payee for the use the specific payment instrument . also , payment service provider should not prevent the payee from offering the payer a reduction for use of a specific payment instrument . this should act as a steering mechanism towards the cheapest means of payments . moreover , a strong rationale for revision of surcharging practices is supported by the fact that regulation no xxx / yyyy establishes rules for multilateral interchange fees for card - based payments . as interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card - based payments , the rules on interchange fees should be accompanied by a revision of surcharging rules . in order to promote cost transparency and the use of the most efficient payment instruments , member states and payment service providers should not prevent the payee from requesting a charge from the payer for using a specific payment instrument , duly taking into account the provisions set out in directive 2011 / 83 / eu . however , the right of the payee to request a surcharge should only apply to those payment instruments for which interchange fees are not regulated . this should act as a steering mechanism towards the cheapest means of payments .


### it is essential for payment service users to know the real costs and charges of payment services in order to make their choice . accordingly , the use of non - transparent pricing methods should not be allowed , since it is commonly accepted that those methods make it extremely difficult for users to establish the real price of the payment service . specifically , the use of value dating to the disadvantage of the user should not be permitted . ### in order to strengthen the trust of consumers in a harmonised payment market it is essential for payment service users to know the real costs and charges of payment services in order to make their choice . accordingly , the use of non - transparent pricing methods should not be allowed , since it is commonly accepted that those methods make it extremely difficult for users to establish the real price of the payment service . specifically , the use of value dating to the disadvantage of the user should not be permitted .


### payment transactions consisting of the non - professional cash collection and delivery within the framework of a non - profit or charitable activity ; ### payment transactions consisting of non - profit cash collection and delivery within the framework of a non - profit or charitable activity


### ‘ payment initiation service’ means a payment service enabling access to a payment account provided by a third party payment service provider , where the payer can be actively involved in the payment initiation or the third party payment service provider’s software , or where payment instruments can be used by the payer or the payee to transmit the payer’s credentials to the account servicing payment service provider ; ### ' payment initiation service ' means a payment service provided by a third party payment service provider , with the aim of initiating payment orders at the request and on behalf of a user of payment services , where either the payer is actively involved in the payment initiation or the third party payment service provider’s software is used , or where payment instruments can be used by the payer or the payee to transmit the payment order to the account servicing payment service provider ;


### ‘ payment initiation service’ means a payment service enabling access to a payment account provided by a third party payment service provider , where the payer can be actively involved in the payment initiation or the third party payment service provider ' s software , or where payment instruments can be used by the payer or the payee to transmit the payer ' s credentials to the account servicing payment service provider ; ### ‘ payment initiation service’ means a service based on access to a payment account by a third party payment service provider upon request and express consent by the payer , whereby either the payer can be directly involved in the payment initiation , or the payment order is transmitted by the third party payment service provider to the account servicing payment service provider , or a payment instrument can be used by the payer or the payee to transmit the payer ' s instructions to the account servicing payment service provider and access to the payer ' s account information by a third party payment service provider is limited to the information on the availability of funds for the specified payment transaction .


### ‘ account information service’ means a payment service where consolidated and user - friendly information is provided to a payment service user on one or several payment accounts held by the payment service user with one or several account servicing payment service providers ; ### ‘ account information service’ means a service provided by a third party payment service provider to provide consolidated information on one or several payment accounts held by the payment service user with one or several other payment service providers ;


### ‘ account information service’ means a payment service where consolidated and user - friendly information is provided to a payment service user on one or several payment accounts held by the payment service user with one or several account servicing payment service providers ; ### ‘ account information service’ means a payment service based on access to one or more payment accounts by a third party payment service provider to provide aggregation services where information is collected from one or more payment accounts at the disposal of the payment service user with one or several account servicing payment service providers for the purpose of enabling the execution of a payment transaction which is specified in terms both of value and of moment in time where it is to be executed ;


### funds shall not be commingled at any time with the funds of any natural or legal person other than payment service users on whose behalf the funds are held and , where they are still held by the payment institution and not yet delivered to the payee or transferred to another payment service provider by the end of the business day following the day when the funds have been received , they shall be deposited in a separate account in a credit institution or invested in secure , liquid low - risk assets as defined by the competent authorities of the home member state ; and they shall be insulated in accordance with national law in the interest of the payment service users against the claims of other creditors of the payment institution , in particular in the event of insolvency ; ### funds shall not be commingled at any time with the funds of any natural or legal person other than payment service users on whose behalf the funds are held and , where they are still held by the payment institution and not yet delivered to the payee or transferred to another payment service provider by the end of the business day following the day when the funds have been received , they shall thereafter be deposited in a separate account in a credit institution or invested in secure , liquid low - risk assets as defined by the competent authorities of the home member state ; and they shall be insulated in accordance with national law in the interest of the payment service users against the claims of other creditors of the payment institution , in particular in the event of insolvency ;