68 Amendments of Andreas SCHWAB related to 2008/0196(COD)
Amendment 227 #
Proposal for a directive
Recital 6
Recital 6
Amendment 244 #
Proposal for a directive
Recital 11
Recital 11
(11) The existing Community legislation on consumer financial services contains numerous rules on consumer protection. For this reason the provisions of this Directive cover contracts relating to financial services only insofar as this is necessary to fill the regulatory gapis Directive applies to financial services only insofar as they are subject to unfair contract terms.
Amendment 266 #
Proposal for a directive
Recital 13
Recital 13
(13) The particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract. The fact that the trader is an occasional distance seller or that he uses an organised scheme run by a third party such as an online platform, should not deprive consumers of their protection . Similarly, a transaction negotiated face to face between the trader and the consumer away from business premises should be a distance contract, if the contract has then been concluded through the exclusive use of means of distance communication, such as the Internet or telephone. For traders, a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition.Does not affect English version.)
Amendment 268 #
Proposal for a directive
Recital 14
Recital 14
(14) 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 pressuretemporarily in a special situation which is different from the situation in a shop, e.g. from a psychological point of view and as regards the scope for comparing goods and prices, no matter whether they have solicited the 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. Contracts under which the payment to be made by the consumer does not exceed EUR 20 are nevertheless not covered by the above definition, so that e.g. street traders, whose goods are supplied immediately, are not overburdened with obligations as regards information. A right of withdrawal is also unnecessary in such cases, since the implications of such transactions are readily understandable.
Amendment 279 #
Proposal for a directive
Recital 15
Recital 15
(15) Business premises should include premises in whatever form (such as shops or lorries) which serve as a permanent place of businessactivity 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 (such as hotels, restaurants, conference centres, cinemas rented by traders who are not established there) 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.
Amendment 285 #
Proposal for a directive
Recital 16
Recital 16
(16) The definition of dDurable mediuma should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of theisks of computers on which the electronic mail or a pdf file is storeddata saved in unmodifiable form are stored. Internet websites as such should not be durable media.
Amendment 297 #
Proposal for a directive
Recital 17
Recital 17
(17) CThe consumers should be entitled to recegiven comprehensive 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 andis committed to a distance contract, an 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 contextcontract or a corresponding contract offer.
Amendment 308 #
Proposal for a directive
Recital 22
Recital 22
(22) 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 toso that, until the expiration of the withdrawal period, he can ascertain the nature, quality and functioning of the goods.
Amendment 314 #
Proposal for a directive
Recital 26
Recital 26
(26) When the consumer orders more than one good from the same trader, he should be entitled to exercise the right of withdrawal in respect of each of these goods. If the goods are delivered separately, the withdrawal period should start when the consumer acquires the material possession of each individual good. Where a good is delivered in different lots or pieces, the withdrawal period should start when the consumer or a third partyre goods are supplied in more than one delivery, the withdrawal period should 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 the last lot or piecefirst partial shipment.
Amendment 315 #
Proposal for a directive
Recital 27
Recital 27
(27) If the trader has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a three- monthone-year limitation period should be introduced, provided that the trader has fully performed his contractual obligations. The trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer.
Amendment 327 #
Proposal for a directive
Recital 33
Recital 33
(33) 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, 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 (vin en primeur) Certain other goods or services whose price is dependent on market fluctuations should also be exempt from the right of withdrawal, e.g. commodities.
Amendment 335 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
Amendment 355 #
Proposal for a directive
Recital 42
Recital 42
(42) WThen 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 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 is 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, the relevant provisions of national law must be consistent with the Treaty on the Functioning of the European Union and, in particular, must not run counter to the purpose of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.
Amendment 359 #
Proposal for a directive
Recital 42 b (new)
Recital 42 b (new)
Amendment 376 #
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49a) It will be presumed that clauses providing for prices to be increased are unfair if the consumer is not allowed to withdraw from the contract in such an event and the ultimate price is too high in relation to the agreed price. This should not, however, prevent tour operators from altering contractually agreed prices subject to the conditions stipulated in Article 4 (4), (5) and (6) of Council Directive 90/314/EC des Rates.
Amendment 399 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 416 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) '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 trade, including where such is within the public sector;
Amendment 419 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) 'goods' means any tangible movable item, with the exception of goods sold by way of execution or otherwise by authority of law. Water and gas shall also be considered as ‘goods’ within the meaning of this directive where they are put up for sale in a limited volume or set quantity;
Amendment 420 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) ‘service’ means any work or other service of any kind provided by the trader for the consumer for remuneration;
Amendment 422 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) '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 serviceswhereby 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;
Amendment 444 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Amendment 446 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘mixed-purpose contract’ means any contract that includes both aspects relating to the provision of services and aspects relating to the supply of goods;
Amendment 459 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) 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
Amendment 553 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Targeted full harmonisation Save as otherwise provided by this Chapter, Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Chapter.
Amendment 554 #
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
Amendment 567 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or service contract, the traderIn good time before the consumer is bound by any distance or off-premises contract or any corresponding offer, the trader or any person acting in his name or on his behalf shall provide the consumer with the following information, if not already apparent from the contextn a clear and intelligible manner:
Amendment 612 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence of a right of withdrawal, where applicablein so far as a right of withdrawal exists, the conditions, period and procedure for exercising that right; for this purpose, the trader may use the model instructions on withdrawal and the model withdrawal form in Annex I(A) and I(B) respectively or any other clearly worded statement; if the trader informs the consumer using the model instructions on withdrawal in Annex I(A), he shall satisfy these information requirements;
Amendment 655 #
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the business is subject, and the methods for having access to it, where applicable.
Amendment 666 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall not provide for any other requirements as regards the content of the model instructions on withdrawal in Annex I(A).
Amendment 678 #
Proposal for a directive
Article 5 – paragraph 3 e (new)
Article 5 – paragraph 3 e (new)
3e. Article 5 is without prejudice to Directive 2000/31/EC of the European Parliament and of the Council.
Amendment 737 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to contracts that are concluded off- premises, the information provided for in Article 95 shall be given in the order form. It shall be drafted in plain, intelligible language and be legible. The order form shall include the standard withdrawal form set out in Annex I(B)to the consumer in the contract document or on another durable medium, in so far as this appears appropriate in view of the nature of the contract; it shall be drafted in plain, intelligible language and be legible.
Amendment 760 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall not impose any further formal requirements other than those provided forfor the fulfilment of the information obligations referred to in paragraphs 1 and 2 5(1).
Amendment 774 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a)5 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.
Amendment 781 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. If a distance contract for services concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the trader has (a) made the consumer aware in a clear and highly visible manner of the total price, including all related price components, and (b) designed his website in such a way that a binding order cannot be placed until the consumer has confirmed that he has read and understood the statement required under letter (a).
Amendment 822 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall not impose any further formal requirements other than those provided forfor the fulfilment of the information obligations referred to in paragraphs 1 to 4 5(1).
Amendment 827 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Save as otherwise provided, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract.
Amendment 836 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
In the case of an distance or off-premises contract for the supply of goods, the withdrawal period shall begin from the day whenon which 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 mediumor a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered. Where goods are supplied in more than one delivery, 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 the first partial shipment.
Amendment 869 #
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b5(1)(e), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsone year from the day determined in Article 12(1a) and (2).
Amendment 888 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Before expiry of the withdrawal period, the consumer shall inform the trader of his decision to withdraw. For this purpose, the consumer may (a) either use the model withdrawal form as set out in Annex I(B) or make any other clearly worded statement on a durable medium, or b) return the goods to the trader. Member States shall not provide for any other formal requirements applicable to this model withdrawal form.
Amendment 917 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. For sales contractdistance or off-premises contracts for the supply of goods, the trader may withholdmake the reimbursement until he has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliestconditional upon the return of the goods.
Amendment 971 #
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
Amendment 977 #
Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(ca) the supply of foodstuffs, beverages or other hygienically sensitive goods whose packaging or sealing has already been opened by the consumer, after having previously been informed about the exclusion of the right of withdrawal;
Amendment 978 #
Proposal for a directive
Article 19 – paragraph 1 – point c b (new)
Article 19 – paragraph 1 – point c b (new)
(cb) contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;
Amendment 986 #
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
Amendment 1065 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 1075 #
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. This Chapter shall not apply to the spare parts replaced by the trader when he has remedied the lack of conformity of the goods by repair under Article 26: (a) electricity; (b) water and gas where they are not put up for sale in a limited volume or set quantity.
Amendment 1100 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. WhereIf 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. may call upon him, on a durable medium, to make the delivery within a period appropriate to the circumstances and notify him of his intention to withdraw from the contract if delivery does not take place. If, upon expiry of that period, no action has been taken, the consumer may withdraw from the sales contract. A consumer who has already paid the price shall be entitled to a refund of any sums paid within seven days from the day on which he withdrew from the contract. This shall be without prejudice to the rights of the consumer to claim damages.
Amendment 1110 #
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. If the trader fails to deliver within the appropriate period referred to in paragraph 2, Member States may adopt or maintain provisions of national law providing for additional remedies for the consumer.
Amendment 1128 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States may not maintain or introduce provisions of national law which depart from the provisions of this Article.
Amendment 1168 #
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) 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;
Amendment 1172 #
Proposal for a directive
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. Member States may not maintain or introduce provisions of national law which depart from the provisions of this Article.
Amendment 1267 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. TWithout prejudice to paragraph 5(b), the consumer may insist on a reasort to any remedy available under paragraph 1, where one of the following situations exists:nable reduction in price or rescission of the contract, where one of the following situations exists: (a) the consumer is entitled to neither repair nor replacement; (aa) the trader has refused explicitly or by his conduct to remedy the lack of conformity; (b) the trader has failed to remedy the lack of conformity within a reasonable time; (c) the trader has remedied the lack of conformity, causing significant inconvenience to the consumer; (d) the same defect has reappeared more than once within a short time of the repair.
Amendment 1299 #
Proposal for a directive
Article 26 – paragraph 5 b (new)
Article 26 – paragraph 5 b (new)
5b. Member States may adopt or maintain provisions of national law giving consumers, in the event of lack of conformity, a free choice from among the remedies referred to in paragraph 1, in order to ensure a higher level of protection for consumers. However, the relevant provisions of national law must be consistent with the Treaty on the Functioning of the European Union and, in particular, must not run counter to the aim of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.
Amendment 1316 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. WSubject to the provisions of applicable national law, and without prejudice to the provisions of this Chapter, the consumer may claim damages for any loss not remedied in accordance with Article 26.
Amendment 1375 #
Proposal for a directive
Article 28 – paragraph 5 c (new)
Article 28 – paragraph 5 c (new)
5c. Member States may adopt or maintain provisions of national law providing for a longer liability period, a longer period for reversal of the burden of proof in the consumer's favour or specific rules on significant lack of conformity which becomes apparent after the liability period has expired, in order to ensure a higher level of protection for the consumer. However, the relevant provisions of national law must be consistent with the Treaty on the Functioning of the European Union and, in particular, must not run counter to the aim of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.
Amendment 1389 #
Proposal for a directive
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall include the following: a) legal rights of the consumer under the applicable provisions of national law, as provided for in Article 26, and a clear statement that those rights are not affected by the commercial guarantee, (b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and name and address of the guarantor, (c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyer.
Amendment 1407 #
Proposal for a directive
Article 29 – paragraph 4 b (new)
Article 29 – paragraph 4 b (new)
4b. Member States may not maintain or adopt provisions of national law which depart from the provisions of this Article.
Amendment 1419 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. 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 ofin 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 influencinge their content, in particular where such contract terms are par substance of the term, in particular in the context of a pre-formulated standard contract.
Amendment 1463 #
Proposal for a directive
Article 31 – paragraph 4 c (new)
Article 31 – paragraph 4 c (new)
4c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1479 #
Proposal for a directive
Article 32 – paragraph 3 c (new)
Article 32 – paragraph 3 c (new)
3c. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1485 #
Proposal for a directive
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1492 #
Proposal for a directive
Article 34 – paragraph 1 b (new)
Article 34 – paragraph 1 b (new)
Member States may adopt or maintain national legal provisions designating additional terms as unfair in all circumstances. The national provisions must, however, be compatible with the Treaty on the Functioning of the European Union and must in particular not be contrary to the attainment of the objective of the directive, namely to ensure the smooth functioning of the internal market and prevent distortions of competition in the Union. With these requirements in mind, the national provisions must be appropriate and proportionate with a view to the attainment of the purposes of the directive.
Amendment 1501 #
Proposal for a directive
Article 35 – paragraph 1 c (new)
Article 35 – paragraph 1 c (new)
Member States may adopt or maintain national legal provisions designating additional terms as unfair in all circumstances. The national provisions must, however, be compatible with the Treaty on the Functioning of the European Union and must not be contrary to the attainment of the objective of the directive, namely to ensure the smooth functioning of the internal market and prevent distortions of competition in the Union. With these requirements in mind, the national provisions must be appropriate and proportionate with a view to the attainment of the purposes of the directive.
Amendment 1504 #
Proposal for a directive
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1507 #
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
Member States may not maintain or adopt any national legal provisions which deviate from the provisions of this article.
Amendment 1530 #
Proposal for a directive
Article 46 a (new)
Article 46 a (new)
Amendment 1531 #
Proposal for a directive
Article 46 b (new)
Article 46 b (new)
Article 46b Compatibility with the Treaty on the Functioning of the European Union Where Member States adopt or maintain in force national legal provisions, in order to ensure a higher level of consumer protection, the provisions must however be compatible with the Treaty on the Functioning of the European Union. In particular, they must not run counter to the aim of the Directive, namely that of guaranteeing the smooth functioning of the internal market and preventing distortions of competition in the Union. With that aim in view, the provisions of national law must be fit for purpose and proportionate.
Amendment 1538 #
Proposal for a directive
Annex 1 – paragraph A
Annex 1 – paragraph A
A. 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 (for example in the form of a posted letter)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: 1. 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: (a) if the entrepreneur allows the consumer to withdraw from the contract by e-mail: 'or by e-mail'; (b) 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'.