twenty-two may, which gave effect to EEC Directive seven EC
THE QUESTION: A reader, Silvia S, has made an online purchase of some clothing from a company in the industryGot the goods, we noticed that was different from what was ordered, both for the materials used, less valuable than promised, both for the packaging of clothes. Asks, therefore, if you have the right to withdraw, since on the site, nothing was indicated on this point, and regain what he paid. WHAT THE LAW SAYS: The field of e-commerce and that is, of the purchases made online by computer, is becoming the field where now, more and more often, you decide the survival of many firms and society, so much so it has become popular among consumers. The law that governs contracts at a distance, because so are defined in the contracts concluded outside of business premises of the companies, is the D. those concluded by a catalogue with a print advertisement with a purchase order via the phone (with or without operator), radio, videophone by way of a computer with e-mail with fax, teleshopping. those relating to financial services, those concluded by means of vending machines, those made with telecommunications operators made through public phones, those related to the construction or sale of property, those entered into during the auction. stipulates that the professional seller, prior to the conclusion of the contract, must provide information to consumers on: - the existence or the exclusion of the right of withdrawal, including the modes and times of restitution or collection of the goods in the case of the exercise of the right of withdrawal - the minimum duration of the the contract for the supply of products or the provision of services, execution of continuous and periodic.
in the normal state of preservation)
provides that, in the case of contracts concluded through the use of computer or electronic tools, the information described above, on the right of withdrawal and on the characteristics of the goods must be supplied in the course of the presentation of the product that is the subject of the contract: this means that on the web site must be indicated clearly and precisely how and when you can withdraw. The trader must, then, also provide written information on the right of withdrawal, no later than the time in which the delivery of the goods to the buyer. The ordinary term for withdrawal is there working days from delivery of the goods: this, however, only if there is the correct information to the above-said. In the opposite case, as it seems to be in the case of species, there days for the withdrawal shall take effect from the day on which the seller communicates these information to the consumer but in any case, the withdrawal can not be made beyond the term of three months from the conclusion of the contract.
By sending a registered letter sent to the company and returning it by mail or personally, the well intact (i.e.
If it comes to pc objects, or telematic, however, these must not be removed from the packaging). The withdrawal communication may also be sent via fax or email, provided that within forty-eight hours is to be confirmed by sending a registered letter with notice of receipt. The display (clear) information on the product and on the mode of withdrawal are a protection for the companies or for the person who provides the good or service in fact, if these are omitted, the law provides for the application of an administrative penalty by.
Our reader, since on the web site nothing was said about the right of withdrawal, you can withdraw also over there working days from receipt of the goods.
Instead, it may withdraw from the contract within there working days from the subsequent communication of the information (on the product and on the right of withdrawal) on the part of the company but, in any case, not later than three months from the conclusion of the contract, by sending a registered letter with acknowledgment of receipt to the seller company, and making the return, by mail, of the goods, which is well preserved.
Of course, in the face of this, the company has the duty to give back to our readers all monies paid for the goods purchased, including any deposit paid (art.
Also any shipping charges must be reimbursed if they were included in the price, while if they had been charged separately will not be reimbursed but the seller can charge the buyer with no other charge. To make better use of the new site and update your browser to the latest version, or try one of the following browsers.
