Activities of Liem HOANG NGOC related to 2008/0196(COD)
Plenary speeches (1)
Consumer rights (debate)
Amendments (36)
Amendment 342 #
Proposal for a directive
Recital 40
Recital 40
(40) 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 oright to choose between the repair of the goods, the replacement of the goods, a reduction in the price or the cancellation of the contract. If the consumer requires the trader to replace them at goods, the trader's choice must do so as quickly as possible, 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.
Amendment 351 #
Proposal for a directive
Recital 42
Recital 42
Amendment 540 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 545 #
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Member States may not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of as long as they guarantee a higher degree of consumer protection. 1a. The rights resulting from this Directive shall be exercised without prejudice to the provisions of another Community act governing consumer protection.
Amendment 565 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. PIn good time to enable the consumer to ascertain the facts effectively and at all events 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 contextn a clear and intelligible manner:
Amendment 576 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the geographicalbusiness address and the identity of the trader, such as his trading name and, where applicable, the geographicalbusiness address and the identity of the trader on whose behalf he is acting;
Amendment 581 #
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) at least one other indication of how to contact the trader, enabling consumers to contact him effectively and quickly (telephone number, fax number or e-mail address).
Amendment 601 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional diligence;
Amendment 605 #
Proposal for a directive
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) the date by which the trader undertakes to deliver the goods or to perform the service;
Amendment 610 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence or absence of a right of withdrawal and, where applicable, the conditions for exercising that right;
Amendment 734 #
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 form in plain and intelligible language and be legible. The order formsupplied in the contract or on any other durable medium chosen by the consumer in sufficient time for the consumer to become acquainted with it, and at any rate before the conclusion of the contract. Such information shall include the standard withdrawal form set outprovided for in Annex I(B). and shall be legible and worded in plain and intelligible language.
Amendment 769 #
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 in sufficient time to enable him to acquaint himself with it, and at any event 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 788 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. 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 consumer’s agreement over the telephone shall under no circumstances be deemed to commit the consumer in a binding manner. The trader shall send the consumer a confirmation of his offer in writing or on a durable medium of the consumer’s choice. The consumer shall not be bound by the contract unless or until he has signed it.
Amendment 794 #
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), (ba), (c) 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. The consumer shall be informed of the medium in question before the conclusion of the contract. Or.fr (See amendment by Mr Hoang Ngoc creating a new Article 5(1) (b) a).
Amendment 806 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The consumer shall receive confirmation of all the information referred to in Article 9(a) to (f), on a durable medium, in reasonable time after the conclusion of any distance contract, and at the latest at the time of the delivery of the goods or when the performance of the service has begun, unless the information has already been given to the consumer prior to the conclusion of any distance contract on a durable medium.
Amendment 815 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 824 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The consumer shall have a period of fourteen days from the day of the conclusion of the contract to withdraw from a distance orn off-premises contract or a distance contract for the provision of services, without giving any reason.
Amendment 833 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Amendment 842 #
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
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 byacquires the material possession of each of the goods ordered. Where the order relates to a good made up of several parts or pieces, the withdrawal period shall begin from the day on which the consumer acquires the material possession of each of the goods orderedthe final part or piece.
Amendment 856 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 877 #
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
1. 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(B) or in a clearly worded statement addressed to the trader.
Amendment 898 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer within thirtyas soon as possible and at the latest within fifteen days from the day on which he receives the communnotification of withdrawal.
Amendment 911 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 930 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
The consumer shall only be charged for the direct cost of returning the goods unless the trader has agreed to bear that cost. . He shall not be charged for that cost if the trader has agreed to bear it or if the cost of returning the goods is more than EUR 50.
Amendment 1084 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Unless the parties have agreed otherwise, tThe 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 tno later than the delivery deadline agreed between the parties when conclusion ofding the contract.
Amendment 1093 #
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 withior termination of the contract within a period of no less than seven days from the date of delivery provided for in paragraph 1.
Amendment 1122 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 1191 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. As provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer is entitled to choose one of the following remedies:
Amendment 1235 #
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1245 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
Wheren the consumer chooses to have the goods repaired or replaced, the trader must do so as soon as possible, unless 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.
Amendment 1260 #
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
Amendment 1295 #
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 1304 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The consumer shall be entitled to have the lack of conformity remedied free of any costmeasures taken to remedy the lack of conformity of the goods must not involve any cost to the consumer.
Amendment 1328 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within twoone years as from the timeday the risk passed to the consumerconsumer became aware of the lack of conformity.
Amendment 1334 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The Member States shall establish the deadline by which the rights conferred on the consumer by virtue of Article 25 become void.
Amendment 1369 #
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Unless proved otherwise, any lack of conformity which becomes apparent within sixtwelve months of the time when the risk passed to the consumer, shall be presumed to have existed at that time unless this presumption is incompatible with the nature of the goods and the nature of the lack of conformity.