### 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 to the consumer in time for the conclusion of the contract , in plain and intelligible language and be legible , in a way appropriate to the means of distance communication used .


### ' sales contract ' means any contract for the sale of goods by the trader to the consumer including any mixed - purpose contract having as its object both goods and services ; ### ' sales contract ' means any contract whereby a trader grants ownership of goods to a consumer in accordance with the applicable national law , or undertakes to grant such ownership , and whereby the consumer undertakes to pay the price . contracts for the supply of goods to be manufactured or produced shall also be defined as sales contracts for the purposes of this directive ;


### business premises should include premises in whatever form which serve as a permanent place of business for the trader . market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises . ### business premises should include premises in whatever form which serve as a permanent place of activity for the trader . market stalls and fair stands should be treated as business premises even though they may be used by the trader on a temporary basis . other premises which are rented for a short time only and where the trader is not established should not be regarded as business premises . similarly , all public spaces including public transport or facilities as well as private homes or workplaces should not be regarded as business premises .


### where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful , impossible or would cause the trader a disproportionate effort , the consumer may choose to have the price reduced or the contract rescinded . a trader ' s effort is disproportionate if it imposes costs on him which , in comparison with the price reduction or the rescission of the contract , are excessive , taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity . ### either of the remedies provided for in paragraph 2 shall be deemed disproportionate if it would impose costs on the trader which in the light of what would be the value of the goods if there were no lack of conformity , taking into account the significance of the lack of conformity , upon consideration of the question as to whether use could be made of other remedies without significance inconvenience for the consumer , would be unreasonable by comparison with the alternative remedy . repair or replacement shall take place within a reasonable time and without significant inconvenience for the consumer .


### formal requirements for off - premises contracts ### formal rules for compliance with information requirements for off - premises contracts


### where the trader has failed to fulfil his obligations to deliver , the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1 . ### where the trader has failed to fulfil his obligations to deliver on time as provided for in paragraph 1 and where responsibility for this clearly lies with the trader , the consumer shall be entitled under national law to rescind the contract and seek a refund of any sums paid within a reasonable period of time and in no case later than seven days from the date on which the trader was informed of the consumer ' s decision to rescind the contract . +


### 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 before the conclusion of the contract in a language they understand . however traders should not have to provide the information when already apparent from the context , but should be required to draw the attention of consumers to such information and answer any queries or provide explanations . 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 .


### 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 . contracts which are concluded away from the business premises of the trader are characterised by the fact that the consumer is not prepared for the negotiations of the contract and is under psychological pressure regardless whether he / she has 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 . however , contracts which , according to the provisions of the member states , are authenticated by a public official , do not present a situation where the consumer is put under such exceptional psychological pressure . such contracts are hence neither considered as off - premises contracts nor as distance contracts within the meaning of this directive .


### 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 :


### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader ' s choice unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort . ### the consumer in the first place should have the option of requiring the seller to repair the goods or to replace them unless those remedies are impossible or disproportionate . whether a remedy is disproportionate should be determined objectively . a remedy should be considered disproportionate if it imposes , in comparison with other remedies , unreasonable costs . in order to determine whether the costs are unreasonable , the costs of one remedy should be significantly higher than the costs of another remedy .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . . ### the trader shall reimburse all payments received from the consumer without delay and at the latest fourteen days from the day on which he receives the communication of withdrawal .


### this directive shall only apply to financial services as regards certain off - premises contracts as provided for by articles 8 to 20 , unfair contract terms as provided for by articles 30 to 39 and general provisions as provided for by articles 40 to 46 , read in conjunction with article 4 on full harmonisation . ### this directive shall only apply to financial services as regards unfair contract terms as provided for by articles 30 to 39 and general provisions as provided for by articles 40 to 46 , read in conjunction with article 4 on full harmonisation .


### 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 . contracts concluded away from a trader ' s business premises are characterised by the fact that the consumer is not prepared for contract negotiations and is under psychological pressure no matter whether he has 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 contrast , no such difficult psychological situation applies where contracts are certified using the services of a public office - holder in accordance with the rules of the member states . such contracts are therefore not considered to be either off - premises contracts or distance contracts for the purposes of this directive .


### legal rights of the consumer , as provided for in article 26 and a clear statement that those rights are not affected by the commercial guarantee , ### legal rights of the consumer , as provided for in articles 26 and 28 , and by any additional provisions of current national legislation , and a clear statement that those rights are not affected by the commercial guarantee ,


### 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 .


### 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 paper , usb sticks , cd - roms , dvds , memory cards and the hard disks of computers on which electronic mail or files saved in unmodifiable form are stored . e - mails and internet websites as such should not be durable media .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . ### the trader shall reimburse any payment received from the consumer without delay and not later than fifteen days from the day on which he receives the notification of withdrawal . reimbursement shall be made by any means of payment . however , at the proposal of the trader , consumers who have exercised their right of withdrawal may opt for a different method of reimbursement .


### 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 contracts should be drafted in plain , intelligible language , be legible and at all events be available at least in the language of the consumer . traders should be free to choose the font type or size in which the contract terms are drafted , providing they meet the above conditions and comply with any requirements of member states . furthermore , terms of contracts should also appear prominently in the contract and be available in the language in which the contract has been drawn up . member states may maintain or introduce in their national law additional requirements concerning better presentation of the terms . 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 .


### general information requirements ### information requirements for distance and off - premises contracts


### 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 trader ;


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


### they comply with the description given by the trader and possess the qualities of the goods which the trader has presented to the consumer as a sample or model ; ### if their nature is in accordance with that agreed by the parties and , in particular , they possess the qualities of the goods which the trader has presented to the consumer as a sample or model ;


### 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 ; ### contracts for which the consumer has specifically requested the trader to visit him at home for the purpose of carrying out repairs or maintenance ; if on this occasion , the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs , the right of withdrawal shall apply to those additional services or goods ;


### 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 community - wide standard form relating for example to the font size .


### 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&#160 ; 5 shall be given in time for conclusion of the contract , in so far as this appears appropriate in view of the nature of the contract , in the contract document or on another durable medium ; it shall be drafted in plain , intelligible language and be legible .


### information to be provided with the withdrawal form ### 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 [ or – if the goods are delivered to you before the expiry of this period – by returning the goods ] . 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 , or the goods are returned , before its expiry . notice of withdrawal should be sent on a durable medium 3 to : 4 . the consumer may use the form below , but it is not obligatory . 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 period for reimbursement shall begin when we receive your notice of withdrawal or the goods . 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 . 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 and how they function . 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 make reimbursement subject to the condition that we have received the returned goods . advice on alternative wording : in the following specific cases , the text in parentheses should read as indicated : in the case of 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 you received 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 : in the case of distance or off - premises contracts for the supply of services : ' the conclusion of the contract or on the day on which you received 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 inserted as follows : if the entrepreneur allows the consumer to withdraw from the contract by e - mail : ' or by e - mail ' ; if the entrepreneur allows the consumer to fill in a model form electronically on a website : ' or via our website ' . 4 . to be inserted : the entrepreneur ' s 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 entrepreneur 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 : ' at your own expense ' .


### formal requirements for distance contracts ### formal rules for compliance with information requirements for distance contracts


### they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect , given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader , the producer or his representative , particularly in advertising or on labelling . ### if , in addition , they show the qualities which are normal in goods of that type and which the consumer can expect , taking into account any public statements on the specific characteristics of the goods made about them by the trader , the producer or his representative , particularly in advertising or on labelling , unless the trader was unaware and need not have been aware of the statements in question , the statements were justified at the time of the conclusion of the contract or they could not have influenced the decision to purchase .


### 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 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 ] . the day [ on which the goods are received ] 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 to : . 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 ] , within a period of 14 days of sending your notice of withdrawal . 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 . 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 . 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 or until you have produced proof of sending the goods back , whichever is the earlier ] . advice on alternative wording : in the following specific cases , the text in parentheses should read as indicated : in the case of a distance contract for the provision of services : ' with the conclusion of the contract ' ; in the case of an off - premises contract for the provision of services : ' when you receive a copy of the signed contract document on a durable medium ' . in the following specific cases , the text in parentheses should read as indicated : in the case of a distance contract for the provision of services : ' on which the contract is concluded ' ; in the case of an off - premises contract for the provision of services : ' on which you receive a copy of the signed contract document ' . in the case of distance contracts , additional text should be inserted as follows : if the trader allows the consumer to withdraw from the contract by e - mail : ' or by e - mail ' ; if the trader allows the consumer to fill in a model form electronically on a website : ' or via our website ' . to be inserted : the trader’s 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 trader which the consumer can use to withdraw from the contract . 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 ' . if the trader offers to collect the goods from the consumer , the text in parentheses should read as follows : ' collected the goods from you ' .


### ' trader ' means any natural or legal person who , in contracts covered by this directive , is acting for purposes relating to his trade , business , craft or profession and anyone acting in the name of or on behalf of a trader ; ### ' trader ' means any natural or legal person who , in contracts covered by this directive , is acting for purposes relating to his trade , business , craft or profession ;


### 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 for effective remedies for any breach of article 5 .


### this chapter shall apply to contract terms drafted in advance by the trader or a third party , which the consumer agreed to without having the possibility of influencing their content , in particular where such contract terms are part of a pre - formulated standard contract . ### this chapter shall apply to contract terms in contracts between traders and consumers which have not been individually negotiated . a term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term , in particular in the context of a pre - formulated standard contract .


### information to be provided with the withdrawal form ### information to be provided with the european withdrawal form


### the consumer may resort to any remedy available under paragraph 1 , where one of the following situations exists : the trader has implicitly or explicitly refused to remedy the lack of conformity ; the trader has failed to remedy the lack of conformity within a reasonable time ; the trader has tried to remedy the lack of conformity , causing significant inconvenience to the consumer ; the same defect has reappeared more than once within a short period of time . ### without prejudice to paragraph 5 , the consumer may insist on a reasonable reduction in price or rescission of the contract , where one of the following situations exists : the consumer is entitled to neither repair nor replacement , or the trader has failed to remedy the lack of conformity within a reasonable time ; the trader has remedied the lack of conformity , causing significant inconvenience to the consumer ;


### 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 ; ### allowing the trader to determine the price at the time of delivery or to increase the price without in both cases giving the consumer the corresponding right to withdraw from the contract if the final price is too high in relation to the price agreed when the contract was concluded ;


### services where performance has begun , with the consumer ' s prior express consent , before the end of the fourteen day period referred to in article 12 ; ### services where performance has begun , with the consumer ' s prior express consent on a durable medium , before the end of the fourteen day period referred to in article 12 ;


### 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 . member states shall not provide for any other formal requirements applicable to this standard withdrawal form . ### before expiry of the withdrawal period , the consumer shall inform the trader of his decision to withdraw on a durable medium . for this purpose , the consumer may either use the model withdrawal form as set out in annex i or make any other clearly worded statement . member states shall not provide for any other formal requirements applicable to this model withdrawal form .


### the trader shall reimburse any payment received from the consumer within thirty days from the day on which he receives the communication of withdrawal . ### the trader shall reimburse any payment received from the consumer without delay and not later than fifteen days from the day on which he receives the notification of withdrawal . reimbursement shall be made by any means of payment . however , at the proposal of the trader , consumers who have exercised their right of withdrawal may opt for a different method of reimbursement .


### 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 time for the conclusion of any distance and off - premises contract , the trader 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 and with regard for the principles of good faith :


### 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 trader , such as his trading name ;


### the trader shall deliver the goods in conformity with the sales contract . ### the trader shall be obliged to deliver the goods to the consumer in conformity with the sales contract .


### 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 . ### the definition of durable medium should include in particular documents on paper and the different types of bulk data storage on which electronic mail or data are stored interchangeably .


### an off - premises contract shall only be valid if the consumer signs an order form and in cases where the order form is not on paper , receives a copy of the order form on another durable medium . ### an off - premises contract shall only be valid if the consumer signs an order form and receives a copy of this order form on the durable medium of his choice .


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


### 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 trader shall provide at least the information 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 . the consumer shall be informed of the medium in question before the conclusion of the contract .


### ' 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 or legal person for whom the products or services offered on the market are intended or who uses such products or services in so far as he or she is the final recipient . ' consumer ' also means any recipient of the advertising message . member states may not maintain or introduce , in their national law , provisions diverging from those laid down in this article , including more or less stringent provisions intended to ensure a different level of consumer protection .


### where the trader has proved that remedying the lack of conformity by repair or replacement is unlawful , impossible or would cause the trader a disproportionate effort , the consumer may choose to have the price reduced or the contract rescinded . a trader ' s effort is disproportionate if it imposes costs on him which , in comparison with the price reduction or the rescission of the contract , are excessive , taking into account the value of the goods if there was no lack of conformity and the significance of the lack of conformity . ### either of the remedies provided for in paragraph 2 shall be deemed disproportionate if it would impose costs on the trader which in the light of what would be the value of the goods if there were no lack of conformity , taking into account the significance of the lack of conformity , upon consideration of the question as to whether use could be made of other remedies without significance inconvenience for the consumer , would be unreasonable by comparison with the alternative remedy . repair or replacement shall take place within a reasonable time and without significant inconvenience for the consumer .


### 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 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 ] . the day [ on which the goods are received ] 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 to : . 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 ] , within a period of 14 days of sending your notice of withdrawal . 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 . 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 . 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 or until you have produced proof of sending the goods back , whichever is the earlier ] . advice on alternative wording : in the following specific cases , the text in parentheses should read as indicated : in the case of a distance contract for the provision of services : ' with the conclusion of the contract ' ; in the case of an off - premises contract for the provision of services : ' when you receive a copy of the signed contract document on a durable medium ' . in the following specific cases , the text in parentheses should read as indicated : in the case of a distance contract for the provision of services : ' on which the contract is concluded ' ; in the case of an off - premises contract for the provision of services : ' on which you receive a copy of the signed contract document ' . in the case of distance contracts , additional text should be inserted as follows : if the trader allows the consumer to withdraw from the contract by e - mail : ' or by e - mail ' ; if the trader allows the consumer to fill in a model form electronically on a website : ' or via our website ' . to be inserted : the trader’s 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 trader which the consumer can use to withdraw from the contract . 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 ' . if the trader offers to collect the goods from the consumer , the text in parentheses should read as follows : ' collected the goods from you ' .


### 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 and at all events prior to the conclusion of the distance or off - premises contract , the trader shall communicate to the consumer the following information in a clear and precise manner and in comprehensible language :


### 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 . ### does not affect the english version


### 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 , to all the circumstances occurring before , during and after 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 .


### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader ' s choice unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort . ### the consumer in the first place should have the option of requiring the seller to repair the goods or to replace them unless those remedies are impossible or disproportionate . whether a remedy is disproportionate should be determined objectively . a remedy should be considered disproportionate if it imposes , in comparison with other remedies , unreasonable costs . in order to determine whether the costs are unreasonable , the costs of one remedy should be significantly higher than the costs of another remedy .


### in the case of an off - premises contract , the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper , when the consumer receives a copy of the order form on another durable medium . in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered . in the case of a distance contract for the provision of services , the withdrawal period shall begin from the day of the conclusion of the contract . ### in the case of a distance or off - premises contract for the supply of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered . in the case of the supply of goods in several parts or pieces , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the final part or final piece .


### when the trader has either refused or has more than once failed to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies . the trader ' s refusal can be either explicit or implicit , meaning in the latter case that the trader does not respond or ignores the consumer ' s request to remedy the lack of conformity . ### the consumer should be entitled to choose freely any of the available remedies if he is not entitled to have the goods repaired or replaced . it should be possible for member states to adopt or maintain provisions of national law on the free choice of remedies in the event of lack of conformity , in order to ensure a higher level of protection for the consumer . however , those measures must be essential for protecting the consumer , proportionate and effective .


### 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 . the consumer shall only be charged for the direct cost of returning the goods unless the trader has agreed to bear that cost . ### for distance or off - premises contracts for the supply of goods 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 . the consumer shall only be charged for the direct cost of returning the goods . he shall not be charged for that cost if the trader has agreed to bear it or the price of the goods to be returned is more than eur 50 .


### 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 . member states shall not provide for any other formal requirements applicable to this standard withdrawal form . ### before expiry of the withdrawal period , the consumer shall inform the trader of his decision to withdraw on a durable medium . for this purpose , the consumer may either use the model withdrawal form as set out in annex i or make any other clearly worded statement . member states shall not provide for any other formal requirements applicable to this model withdrawal form .


### without prejudice to articles 32 and 35 and annex iii , set out , where applicable , that the commercial guarantee cannot be transferred to a subsequent buyer . ### include the information that the commercial guarantee can be transferred to a subsequent buyer .


### member states shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer . ### member states shall refrain from imposing any presentational requirements as to the way the contract terms in a distance or off - premises contract are expressed or made available to 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 a good or a service is offered by the trader to consumers , during an event which is physically accessible to the public , through a competitive bidding procedure run by 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 ;


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable . in case of a services contract containing a subscription , the price shall mean the total monthly subscription costs ; member states may not maintain or introduce , in their national law , provisions diverging from those laid down in article 5 , including more or less stringent provisions intended to ensure a different level of consumer protection .


### 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 . ### 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 , on the day agreed between the trader and the consumer , within a maximum of thirty days from the day of the conclusion of the contract .


### the guarantee statement shall be drafted in plain intelligible language and be legible . it shall include the following : ### the guarantee statement shall be drafted in plain intelligible language and be legible . the guarantee shall be drafted in the language of the contract . it shall include the following :


### where the trader has failed to fulfil his obligations to deliver , the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1 . ### where delivery does not take place within seven days of the established delivery date , as indicated in paragraph 1 , the consumer shall be entitled to rescind the contract and claim a refund of any sums paid under the contract . the contract shall be deemed to be terminated on the date the trader receives a letter from the consumer informing him of his decision , if the delivery has not taken place in the meantime . the trader shall be required to reimburse all sums paid under the contract as soon as possible , and no more than seven days after receiving the letter rescinding the contract .


### the consumer may resort to any remedy available under paragraph 1 , where one of the following situations exists : the trader has implicitly or explicitly refused to remedy the lack of conformity ; the trader has failed to remedy the lack of conformity within a reasonable time ; the trader has tried to remedy the lack of conformity , causing significant inconvenience to the consumer ; the same defect has reappeared more than once within a short period of time . ### without prejudice to paragraph 5 , the consumer may insist on a reasonable reduction in price or rescission of the contract , where one of the following situations exists : the consumer is entitled to neither repair nor replacement , or the trader has failed to remedy the lack of conformity within a reasonable time ; the trader has remedied the lack of conformity , causing significant inconvenience to the consumer ;


### 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 , so that , until the expiration of the withdrawal period and in accordance with the principles of good faith , he can ascertain the nature , quality and functioning of the goods .


### 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 paper , usb sticks , cd - roms , dvds , memory cards and the hard disks of computers on which electronic mail or data saved in unmodifiable form are stored . internet websites as such should not be durable media .


### for the sale of immovable property or relating to other immovable property rights , except for rental and works relating to immovable property ; ### relating to the sale or acquisition of immovable property or to the formulation or transfer of immovable property rights or in connection with the sale of immovable property or with the formulation or transfer of immovable property rights . this shall in particular include agreements connected with such legal acts , especially purchases from a property developer or leasing . this shall be without prejudice to the application of this directive to contracts on immovable property rental only or on immovable property works only ;


### member states shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer . ### member states shall refrain from imposing any requirements on the presentation of contract terms , except for presentational requirements in relation to persons with disabilities . this article does not affect the freedom of the member states to impose additional requirements for the validity or effects of the contract such as the authentication of the contract or the certification of the signature .


### if the good is not in conformity with the contract , firstly , the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader ' s choice unless the trader proves that those remedies are unlawful , impossible or causes the trader disproportionate effort . the trader ' s effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity , the value of the goods and the significance of the lack of conformity . the lack of spare parts should not be a valid ground to justify the trader ' s failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort . ### the consumer in the first place should have the option of requiring the seller to repair the goods or to replace them unless those remedies are impossible or disproportionate . whether a remedy is disproportionate should be determined objectively . a remedy should be considered disproportionate if it imposes , in comparison with other remedies , unreasonable costs . in order to determine whether the costs are unreasonable , the costs of one remedy should be significantly higher than the costs of another remedy .


### 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 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 making the terms available or attaching them to the contract document . 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 .


### in the case of an off - premises contract , the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper , when the consumer receives a copy of the order form on another durable medium . in the case of a distance contract for the sale of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each of the goods ordered . in the case of a distance contract for the provision of services , the withdrawal period shall begin from the day of the conclusion of the contract . ### in the case of a distance or off - premises contract for the supply of goods , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered . in the case of the supply of goods in several parts or pieces , the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the final part or final piece .


### the arrangements for payment , delivery , performance and the complaint handling policy , if they depart from the requirements of professional diligence ; ### the arrangements for payment , delivery and performance ;


### 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 trader , such as his trading name ;


### if the consumer so requests , the trader shall make the guarantee statement available in a durable medium . ### if the consumer so requests , the trader shall make the guarantee statement available in a durable medium , chosen by the consumer .


### 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 7 , 13 and 42 , the consequences of any breach of article 5 shall be determined in accordance with the applicable national law .


### 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 9 shall be given in the order form in plain and intelligible language , be legible and in the same font size . the order form shall include the standard withdrawal form set out in annex i .


### 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 trader . that is applicable in particular to foodstuffs and other hygienically sensitive or perishable goods , 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 .


### when the trader has either refused or has more than once failed to remedy the lack of conformity the consumer should be entitled to choose freely any of the available remedies . the trader ' s refusal can be either explicit or implicit , meaning in the latter case that the trader does not respond or ignores the consumer ' s request to remedy the lack of conformity . ### the consumer should be entitled to choose freely any of the available remedies if he is not entitled to have the goods repaired or replaced . it should be possible for member states to adopt or maintain provisions of national law on the free choice of remedies in the event of lack of conformity , in order to ensure a higher level of protection for the consumer . however , those measures must be essential for protecting the consumer , proportionate and effective .


### 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 time for the conclusion of any distance and off - premises contract , the trader 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 and with regard for the principles of good faith :


### 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 , or let the trader collect the goods himself when he has offered to do so , within fourteen days from the day on which he communicates his withdrawal to the trader .


### the consumer may resort to any remedy available under paragraph 1 , where one of the following situations exists : the trader has implicitly or explicitly refused to remedy the lack of conformity ; the trader has failed to remedy the lack of conformity within a reasonable time ; the trader has tried to remedy the lack of conformity , causing significant inconvenience to the consumer ; the same defect has reappeared more than once within a short period of time . ### without prejudice to paragraph 5 , the consumer may insist on a reasonable reduction in price or rescission of the contract , where one of the following situations exists : the consumer is entitled to neither repair nor replacement , or the trader has failed to remedy the lack of conformity within a reasonable time ; the trader has remedied the lack of conformity , causing significant inconvenience to the consumer ;


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the price inclusive of taxes , or where the nature of the good or service means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges and any other cost or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ;


### ' off - premises contract ' means : 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 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 . ### ' off - premises contract ' means any contract between a trader and a consumer for the provision of a good or service : which is concluded away from business premises with the simultaneous physical presence of the trader and the consumer , or for which an offer was made by the consumer with the simultaneous physical presence of the trader and the consumer away from business premises , or which is concluded on business premises but whose main components have been determined away from business premises , with the simultaneous physical presence of the trader and the consumer ;


### 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 trader and which may occur within the withdrawal period ;


### 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 ### concluded away from business premises with the simultaneous physical presence of the trader and the consumer in one of the following situations , or for which an offer was made by the consumer in the same circumstances :


### 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 . ### the assessment of the unfairness of contract terms shall not concern either the main subject matter of the contract or the adequacy of the price or remuneration in relation to the goods or services , provided that the trader fully complies with article 31 , and .


### the price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; ### the final price inclusive of taxes , or where the nature of the product means that the price cannot reasonably be calculated in advance , the manner in which the price is calculated , as well as , where appropriate , all additional freight , delivery or postal charges or , where these charges cannot reasonably be calculated in advance , the fact that such additional charges may be payable ; if applicable the percentage of the price that is due to private copying levy on equipment or blank media . in case of an open - ended contract , the final price shall mean the total monthly costs .


### 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 standardised union - wide 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 standardised form relating for example to the font size .


### 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 , so that , until the expiration of the withdrawal period , he can ascertain the nature , quality and functioning of the goods .


### member states shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer . ### member states shall refrain from imposing any requirements on the presentation of contract terms , except for presentational requirements in relation to persons with disabilities . this article does not affect the freedom of the member states to impose additional requirements for the validity or effects of the contract such as the authentication of the contract or the certification of the signature .


### 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 trader 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 after the trader has fully performed his other contractual obligations .


### 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 . ### in good time and at any event before the conclusion of the off - premises contract , the information referred to in article 5 shall be supplied to the consumer on a durable medium in plain and intelligible language and be legible . the information supplied shall include the standard withdrawal form provided for in annex i . the consumer shall choose the durable medium on which the information is set out and shall at any event have the option of requesting a paper document .


### member states shall take appropriate measures to inform consumers of the national provisions transposing this directive and shall , where appropriate , encourage traders and code owners to inform consumers of their codes of conduct . ### member states shall take appropriate measures to inform consumers and traders of the national provisions transposing this directive and shall , where appropriate , encourage traders and code owners to inform consumers of their codes of conduct .


### 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 consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods . he shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with article 9 . for service contracts subject to a right of withdrawal , the consumer shall bear no cost for services performed , in full or in part , during the withdrawal period . ### the consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature , qualities and functioning of the goods . he shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with article 5 .


### contract terms shall be expressed in plain , intelligible language and be legible . ### contract terms shall be expressed in plain , intelligible language , be legible , in the same font size , easily and permanently accessible ; they should be provided in the language in which the contract is concluded .


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


### ' sales contract ' means any contract for the sale of goods by the trader to the consumer including any mixed - purpose contract having as its object both goods and services ; ### ' sales contract ' means any contract under which a trader passes property in goods to a consumer or undertakes to pass property in goods either immediately upon conclusion of the contract or at a point in the future , and under which the consumer undertakes to pay the price concerned . contracts for the supply of goods to be manufactured or produced shall also be defined as sales contracts for the purposes of this directive .


### the significant inconvenience for the consumer and the reasonable time needed for the trader to remedy the lack of conformity shall be assessed taking into account the nature of the goods or the purpose for which the consumer acquired the goods as provided for by article 24 . ### the significant inconvenience for the consumer and the reasonable time needed for the trader to remedy the lack of conformity shall be assessed taking into account the nature of the goods and the purpose for which the consumer requires them within the meaning of article 24 .


### 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 . ### furthermore , in case of distance and off - premises 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 .


### 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 distance or 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 . 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 . an uninvited visit at home or at the workplace may take the consumer by surprise and result in particular psychological buying pressure . in such circumstances , moreover , the consumer has no opportunity to compare price and quality with those of other products . all these factors are not present in the case of a contract concluded in a shop , or where the consumer has sought the contract . consequently the particular protection rules should also not apply in these cases . furthermore , in order to prevent circumventions of rules , contracts which come about after consumers are approached away from business premises , but which are concluded in a shop , or contracts concluded as part of an advertising trip , should be regarded as off - premises contracts .


### ' 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 whereby provision of a service by the trader to the consumer is required ;


### information to be provided with the withdrawal form ### 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 [ or – if the goods are delivered to you before the expiry of this period – by returning the goods ] . 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 , or the goods are returned , before its expiry . notice of withdrawal should be sent on a durable medium 3 to : 4 . the consumer may use the form below , but it is not obligatory . 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 period for reimbursement shall begin when we receive your notice of withdrawal or the goods . 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 . 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 and how they function . 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 make reimbursement subject to the condition that we have received the returned goods . advice on alternative wording : in the following specific cases , the text in parentheses should read as indicated : in the case of 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 you received 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 : in the case of distance or off - premises contracts for the supply of services : ' the conclusion of the contract or on the day on which you received 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 inserted as follows : if the entrepreneur allows the consumer to withdraw from the contract by e - mail : ' or by e - mail ' ; if the entrepreneur allows the consumer to fill in a model form electronically on a website : ' or via our website ' . 4 . to be inserted : the entrepreneur ' s 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 entrepreneur 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 : ' at your own expense ' .


### 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 ### any sales or service contract concluded between a trader and a consumer which the consumer was persuaded to conclude through negotiations initiated or conducted by the trader with the consumer and in his presence , off the trader ' s business premises or at a leisure event ;


### 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 9 shall be given in the order form in plain and intelligible language , be legible and in the same font size . the order form shall include the standard withdrawal form set out in annex i .


### they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect , given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader , the producer or his representative , particularly in advertising or on labelling . ### if , in addition , they show the qualities which are normal in goods of that type and which the consumer can expect , taking into account any public statements on the specific characteristics of the goods made about them by the trader , the producer or his representative , particularly in advertising or on labelling , unless the trader was unaware and need not have been aware of the statements in question , the statements were justified at the time of the conclusion of the contract or they could not have influenced the decision to purchase .


### 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 . ### provided that the trader fully complies with article 31 , and , the assessment of the unfairness of contract terms shall not concern either the main subject matter of the contract or the adequacy of the price or remuneration in relation to the goods or services , as long as these terms are drafted in a clear and intelligible manner .


### 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 , before , at the time of and after 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 .


### as provided for in paragraphs 2 to 5 , where the goods do not conform to the contract , the consumer is entitled to : have the lack of conformity remedied by repair or replacement , have the price reduced , have the contract rescinded . ### where the goods do not conform to the contract , the consumer is entitled either to : have the lack of conformity remedied by repair or replacement in accordance with paragraphs 2 , 3 and 5 , or to a reasonable reduction in price or rescission of the contract in accordance with paragraphs 4 , 5 and 5 .


### by the time of conclusion of the contract the statement had been corrected ; ### by the time of conclusion of the contract the statement had been corrected in a manner equivalent to that in which it was made or at least prominently in the contract document ;


### the risk of loss of or damage to the goods shall pass to the consumer when he or a third party , other than the carrier and indicated by the consumer has acquired the material possession of the goods . ### the risk of loss of or damage to the goods shall pass to the consumer or a third party , other than the carrier and indicated by the consumer , on delivery .


### 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 , to all the circumstances occurring before , during and after 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 .


### 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 and at all events prior to the conclusion of the distance or off - premises contract , the trader shall communicate to the consumer the following information in a clear and intelligible manner :


### if the trader makes a telephone call to the consumer with a view to concluding a distance contract , he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer . ### if the trader makes a telephone call to the consumer with a view to concluding a distance contract , he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer . the trader shall send to the consumer a confirmation of the offer on a durable medium . the consumer is bound to the contract only by his signature .


### the guarantee statement shall be drafted in plain intelligible language and be legible . it shall include the following : ### the guarantee statement shall be drafted in plain intelligible language , be legible and in the same font size . the guarantee shall be drafted in the language of the contract . it shall include the following :


### they are fit for any particular purpose for which the consumer requires them and which he made known to the trader at the time of the conclusion of the contract and which the trader has accepted ; ### if , in the absence of an agreement on their nature , they are fit for the purpose for which the parties to the contract intended them at the time of the conclusion of the contract ;


### 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 9 shall be given or made available to the consumer in time for the conclusion of the contract , before the consumer is bound by the distance contract or offer . the information shall be provided in plain and intelligible language , including the language of the consumer , and be legible and clear , in a way appropriate to the means of communication used .


### 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 trader of his decision to withdraw on a durable medium . for this purpose the consumer must use the standard withdrawal form as set out in annex i or make any other clearly worded statement on a durable medium . member states shall not provide for any other formal requirements applicable to this model withdrawal form .


### formal requirements for off - premises contracts ### pre - contractual formal requirements for off - premises contracts .


### 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 trader , such as his trading name ;


### enabling the trader to terminate an open - ended contract without reasonable notice except where the consumer has committed a serious breach of contract ; ### authorising the trader to terminate an open - ended contract without reasonable notice – except where there are serious grounds for doing so ;


### 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 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 standardised european 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 .


### they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect , given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader , the producer or his representative , particularly in advertising or on labelling . ### if , in addition , they show the qualities which are normal in goods of that type and which the consumer can expect , taking into account any public statements on the specific characteristics of the goods made about them by the trader , the producer or his representative , particularly in advertising or on labelling , unless the trader was unaware and need not have been aware of the statements in question , the statements were justified at the time of the conclusion of the contract or they could not have influenced the decision to purchase .


### 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 standard withdrawal form to be used by the consumer in his own official eu language 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 .