30 Amendments of Rafał TRZASKOWSKI related to 2008/0196(COD)
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 299 #
Proposal for a directive
Recital 17
Recital 17
(17) Consumers should be entitled to receive information in good time 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.
Amendment 335 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
Amendment 478 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
(ba) any sales or service contract concluded by whatever means following a sales or service contract under (a) or (b) above, between the same trader and consumer pertaining to same products.
Amendment 571 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior toIn good time before 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:
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 614 #
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 applicable;, the conditions, period and procedure for exercising that right, with information that the consumer would be liable to pay for the traders reasonable costs according to Article 17(2) if he decides to use the right of withdrawal after having made a request in accordance to Article 10.2 (a) or 11.4(a).
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 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 800 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. 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(1)(a), (b), (c), (e) and (cg) 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.
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 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 876 #
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 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 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 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 1347 #
Proposal for a directive
Article 28 – paragraph 2 c (new)
Article 28 – paragraph 2 c (new)
2c. The period referred to in paragraph 1 shall be suspended during the remedial work and shall resume at the time when the consumer acquires the material possession of the goods that have been brought into conformity with the contract.
Amendment 1396 #
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
Amendment 1421 #
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 of influencing theirin contracts between traders and consumers which have not been individually negotiated. A contract term shall be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence its content, in particularly where such contract terms are partit has been presented to the consumer in the form of a pre- formulated standard contract.