Activities of Małgorzata HANDZLIK related to 2008/0196(COD)
Plenary speeches (1)
Consumer rights (debate)
Amendments (29)
Amendment 293 #
Proposal for a directive
Recital 16
Recital 16
(16) 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 storedfiles saved in unmodified form are stored for future reference. Internet sites as such should not be regarded as durable medium unless such sites meet the criteria specified above.
Amendment 583 #
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) the business address of the trader plus his telephone or fax number or email address, where available so that the consumer can contact the trader quickly and communicate with him efficiently;
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 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 741 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in the order formgood time before the conclusion of the contract in plain and intelligible language and be legible. The order form shall include the standard withdrawal form set out in Annex I(B).
Amendment 752 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
Amendment 762 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The requirements of Article 10 are considered fulfilled in repeat sales transactions between the same trader and consumer using either distance or off- premises contracts, provided the consumer has had the opportunity in person to see or have demonstrated the goods or services that are the subject of the transaction, and provided that the requirements of Article 10 have been observed with respect to a previous transaction.
Amendment 775 #
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) shall be given or made available to the consumer prior toin good time before 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 808 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. If a consumer wishes the provision of service to begin during the withdrawal period, he shall make such a request to the trader on a durable medium.
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 845 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
In the case of delivery of a good consisting of several parts or pieces, the withdrawal period shall be calculated from the day on which the consumer receives the last part or piece.
Amendment 873 #
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(b), 10(1) and 11(4), the withdrawal period shall expire threesix months after the trader has fully performed his other contractual obligations.
Amendment 882 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 887 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2 a (new)
Article 14 – paragraph 1 – subparagraph 2 a (new)
Additionally, in the case of the provision of a service online, where such service provides for a means of withdrawal via that service itself, the consumer must be able to use that means.
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 926 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
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 fourteseven days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself.
Amendment 940 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. 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(b). 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 when the trader has failed to provide information in accordance to Article 5.1(e) or when the consumer has not requested the performance of the service to begin during the withdrawal period in accordance to Article 10.2 (a) or 11. 4(a).
Amendment 963 #
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
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 1000 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts;
Amendment 1006 #
Proposal for a directive
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
(g) gambling and lottery serctivictes;
Amendment 1102 #
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. 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 1may call upon him, on a durable medium, to make the delivery within a period appropriate to the circumstances, which may not be less than seven days. If, on expiry of that period, no action has been taken, it shall be assumed that the consumer has withdrawn from the contract unless, prior to such expiry, the consumer states on a durable medium that he has not availed himself of his right to withdraw from the contract; any such statement shall have legal effect if it was sent before the period expired. A consumer who has already made payment shall be entitled to a refund of any sums paid within seven days from the day on which he withdrew from the sales contract. This shall be without prejudice to the consumer's right to claim damages.
Amendment 1157 #
Proposal for a directive
Article 24 – paragraph 2 – point d a (new)
Article 24 – paragraph 2 – point d a (new)
(da) they have been packaged in such a way as to obviate damage to the goods.
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 1230 #
Proposal for a directive
Article 26 – paragraph 1 d (new)
Article 26 – paragraph 1 d (new)
1d. With regard to digital services, when technical problems may cause the download to be delayed or not delivered within a reasonable period or prevented from downloading, the consumer is entitled to a replacement or refund of the digital content.
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 1310 #
Proposal for a directive
Article 27 – paragraph 1 c (new)
Article 27 – paragraph 1 c (new)
1c. The consumer shall also be refunded by the trader, to a reasonable extent, the cost of remedying the lack of conformity himself. Any remedying by the consumer of lack of conformity shall be carried out with the agreement of the trader.
Amendment 1547 #
Proposal for a directive
Annex 2 – paragraph 1 – point c d (new)
Annex 2 – paragraph 1 – point c d (new)
(cd) Assigning exclusive jurisdiction in all disputes under a contract to the competent court where the trader is resident;