HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 304/64
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Official Journal of the European Union
22.11.2011
DIRECTIVES
DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2011
on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the
European Parliament and of the Council and repealing Council Directive 85/577/EEC and
Directive 97/7/EC of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
a single Directive. This Directive should therefore lay
EUROPEAN UNION,
down standard rules for the common aspects of
distance and off-premises contracts, moving away from
the minimum harmonisation approach in the former
Directives whilst allowing Member States to maintain
Having regard to the Treaty on the Functioning of the European
or adopt national rules in relation to certain aspects.
Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
(3)
Article 169(1) and point (a) of Article 169(2) of the
Treaty on the Functioning of the European Union
(TFEU) provide that the Union is to contribute to the
Having regard to the opinion of the European Economic and
attainment of a high level of consumer protection
Social Committee (
through the measures adopted pursuant to Article 114

1 ),
thereof.
Having regard to the opinion of the Committee of the
Regions ( 2 ),
(4) In accordance with Article 26(2) TFEU, the internal
market is to comprise an area without internal frontiers
in which the free movement of goods and services and
Acting in accordance with the ordinary legislative procedure (
freedom of establishment are ensured. The harmonisation

3 ),
of certain aspects of consumer distance and off-premises
contracts is necessary for the promotion of a real
consumer internal market striking the right balance
Whereas:
between a high level of consumer protection and the
competitiveness of enterprises, while ensuring respect
for the principle of subsidiarity.
(1) Council
Directive
85/577/EEC
of
20
December
1985
to
protect the consumer in respect of contracts negotiated
away from business premises ( 4 ) and Directive 97/7/EC of
the European Parliament and of the Council of 20 May
(5) The
cross-border
potential
of
distance
selling,
which
1997 on the protection of consumers in respect of
should be one of the main tangible results of the
distance contracts ( 5 ) lay down a number of contractual
internal market, is not fully exploited. Compared with
rights for consumers.
the significant growth of domestic distance sales over
the last few years, the growth in cross-border distance
sales has been limited. This discrepancy is particularly
significant for Internet sales for which the potential for
(2) Those
Directives
have
been
reviewed
in
the
light
of
further growth is high. The cross-border potential of
experience with a view to simplifying and updating the
contracts negotiated away from business premises
applicable rules, removing inconsistencies and closing
(direct selling) is constrained by a number of factors
unwanted gaps in the rules. That review has shown
including the different national consumer protection
that it is appropriate to replace those two Directives by
rules imposed upon the industry. Compared with the
growth of domestic direct selling over the last few
( 1 ) OJ C 317, 23.12.2009, p. 54.
years, in particular in the services sector, for instance
( 2 ) OJ C 200, 25.8.2009, p. 76.
utilities, the number of consumers using this channel
( 3 ) Position of the European Parliament of 23 June 2011 (not yet
for cross-border purchases has remained flat. Responding
published in the Official Journal) and decision of the Council of
to increased business opportunities in many Member
10 October 2011.
( 4 ) OJ L 372, 31.12.1985, p. 31.
States, small and medium-sized enterprises (including
( 5 ) OJ L 144, 4.6.1997, p. 19.
individual traders) or agents of direct selling companies

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should be more inclined to seek business opportunities
(11) This
Directive
should
be
without
prejudice
to
Union
in other Member States, in particular in border regions.
provisions relating to specific sectors, such as medicinal
Therefore the full harmonisation of consumer
products for human use, medical devices, privacy and
information and the right of withdrawal in distance
electronic communications, patients’ rights in cross-
and off-premises contracts will contribute to a high
border healthcare, food labelling and the internal
level of consumer protection and a better functioning
market for electricity and natural gas.
of the business-to-consumer internal market.
(12) The information requirements provided for in this
(6) Certain
disparities
create
significant
internal
market
Directive should complete the information requirements
barriers affecting traders and consumers. Those disparities
of Directive 2006/123/EC of the European Parliament
increase compliance costs to traders wishing to engage in
and of the Council of 12 December 2006 on services
the cross-border sale of goods or provision of services.
in the internal market ( 2 ) and Directive 2000/31/EC of
Disproportionate fragmentation also undermines
the European Parliament and of the Council of 8 June
consumer confidence in the internal market.
2000 on certain legal aspects of information society
services, in particular electronic commerce, in the
Internal Market (‘Directive on electronic commerce’) ( 3 ).
Member States should retain the possibility to impose
additional information requirements applicable to
(7) Full
harmonisation
of
some
key
regulatory
aspects
should
considerably increase legal certainty for both consumers
service providers established in their territory.
and traders. Both consumers and traders should be able
to rely on a single regulatory framework based on clearly
defined legal concepts regulating certain aspects of
business-to-consumer contracts across the Union. The
(13) Member
States
should
remain
competent,
in
accordance
effect of such harmonisation should be to eliminate the
with Union law, to apply the provisions of this Directive
barriers stemming from the fragmentation of the rules
to areas not falling within its scope. Member States may
and to complete the internal market in this area. Those
therefore maintain or introduce national legislation corre
barriers can only be eliminated by establishing uniform
sponding to the provisions of this Directive, or certain of
rules at Union level. Furthermore consumers should
its provisions, in relation to contracts that fall outside the
enjoy a high common level of protection across the
scope of this Directive. For instance, Member States may
Union.
decide to extend the application of the rules of this
Directive to legal persons or to natural persons who
are not consumers within the meaning of this Directive,
such as non-governmental organisations, start-ups or
(8) The
regulatory
aspects
to
be
harmonised
should
only
small and medium-sized enterprises. Similarly, Member
concern contracts concluded between traders and
States may apply the provisions of this Directive to
consumers. Therefore, this Directive should not affect
contracts that are not distance contracts within the
national law in the area of contracts relating to
meaning of this Directive, for example because they are
employment, contracts relating to succession rights,
not concluded under an organised distance sales or
contracts relating to family law and contracts relating
service-provision scheme. Moreover, Member States may
to the incorporation and organisation of companies or
also maintain or introduce national provisions on issues
partnership agreements.
not specifically addressed in this Directive, such as addi
tional rules concerning sales contracts, including in
relation to the delivery of goods, or requirements for
the provision of information during the existence of a
contract.
(9) This
Directive
establishes
rules
on
information
to
be
provided for distance contracts, off-premises contracts
and contracts other than distance and off-premises
contracts. This Directive also regulates the right of with
drawal for distance and off-premises contracts and
(14) This
Directive
should
not
affect
national
law
in
the
area
harmonises certain provisions dealing with the
of contract law for contract law aspects that are not
performance and some other aspects of business-to-
regulated by this Directive. Therefore, this Directive
consumer contracts.
should be without prejudice to national law regulating
for instance the conclusion or the validity of a contract
(for instance in the case of lack of consent). Similarly,
this Directive should not affect national law in relation to
the general contractual legal remedies, the rules on public
(10) This
Directive
should
be
without
prejudice
to
Regulation
economic order, for instance rules on excessive or extor
(EC) No 593/2008 of the European Parliament and of the
tionate prices, and the rules on unethical legal trans
Council of 17 June 2008 on the law applicable to
actions.
contractual obligations (Rome I) ( 1 ).
( 2 ) OJ L 376, 27.12.2006, p. 36.
( 1 ) OJ L 177, 4.7.2008, p. 6.
( 3 ) OJ L 178, 17.7.2000, p. 1.

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(15) This Directive should not harmonise language
tracking of consumer behaviour; it should also refer to
requirements applicable to consumer contracts.
the absence or presence of any technical restrictions such
Therefore, Member States may maintain or introduce in
as protection via Digital Rights Management or region
their national law language requirements regarding
coding. The notion of relevant interoperability is meant
contractual information and contractual terms.
to describe the information regarding the standard
hardware and software environment with which the
digital content is compatible, for instance the operating
system, the necessary version and certain hardware
features. The Commission should examine the need for
(16) This
Directive
should
not
affect
national
laws
on
legal
further harmonisation of provisions in respect of digital
representation such as the rules relating to the person
content and submit, if necessary, a legislative proposal
who is acting in the name of the trader or on his behalf
for addressing this matter.
(such as an agent or a trustee). Member States should
remain competent in this area. This Directive should
apply to all traders, whether public or private.
(20) The
definition
of
distance
contract
should
cover
all
cases
where a contract is concluded between the trader and the
consumer under an organised distance sales or service-
(17) The
definition
of
consumer
should
cover
natural
persons
who are acting outside their trade, business, craft or
provision scheme, with the exclusive use of one or more
profession. However, in the case of dual purpose
means of distance communication (such as mail order,
contracts, where the contract is concluded for purposes
Internet, telephone or fax) up to and including the time
partly within and partly outside the person’s trade and
at which the contract is concluded. That definition
the trade purpose is so limited as not to be predominant
should also cover situations where the consumer visits
in the overall context of the contract, that person should
the business premises merely for the purpose of
also be considered as a consumer.
gathering information about the goods or services and

subsequently negotiates and concludes the contract at a
distance. By contrast, a contract which is negotiated at
the business premises of the trader and finally concluded
by means of distance communication should not be
(18) This
Directive
does
not
affect
the
freedom
of
Member
considered a distance contract. Neither should a
States to define, in conformity with Union law, what they
contract initiated by means of distance communication,
consider to be services of general economic interest, how
but finally concluded at the business premises of the
those services should be organised and financed, in
trader be considered a distance contract. Similarly, the
compliance with State aid rules, and which specific obli
concept of distance contract should not include reser
gations they should be subject to.
vations made by a consumer through a means of
distance communications to request the provision of a
service from a professional, such as in the case of a
consumer phoning to request an appointment with a
hairdresser. The notion of an organised distance sales
(19) Digital content means data which are produced and
or service-provision scheme should include those
supplied in digital form, such as computer programs,
schemes offered by a third party other than the trader
applications, games, music, videos or texts, irrespective
but used by the trader, such as an online platform. It
of whether they are accessed through downloading or
should not, however, cover cases where websites merely
streaming, from a tangible medium or through any
offer information on the trader, his goods and/or services
other means. Contracts for the supply of digital content
and his contact details.
should fall within the scope of this Directive. If digital
content is supplied on a tangible medium, such as a CD
or a DVD, it should be considered as goods within the
meaning of this Directive. Similarly to contracts for the
supply of water, gas or electricity, where they are not put
(21) An
off-premises
contract
should
be
defined
as
a
contract
up for sale in a limited volume or set quantity, or of
concluded with the simultaneous physical presence of the
district heating, contracts for digital content which is not
trader and the consumer, in a place which is not the
supplied on a tangible medium should be classified, for
business premises of the trader, for example at the
the purpose of this Directive, neither as sales contracts
consumer’s home or workplace. In an off-premises
nor as service contracts. For such contracts, the
context, the consumer may be under potential psycho
consumer should have a right of withdrawal unless he
logical pressure or may be confronted with an element of
has consented to the beginning of the performance of
surprise, irrespective of whether or not the consumer has
the contract during the withdrawal period and has
solicited the trader’s visit. The definition of an off-
acknowledged that he will consequently lose the right
premises contract should also include situations where
to withdraw from the contract. In addition to the
the consumer is personally and individually addressed
general information requirements, the trader should
in an off-premises context but the contract is
inform the consumer about the functionality and the
concluded immediately afterwards on the business
relevant interoperability of digital content. The notion
premises of the trader or through a means of distance
of functionality should refer to the ways in which
communication. The definition of an off-premises
digital content can be used, for instance for the
contract should not cover situations in which the

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trader first comes to the consumer’s home strictly with a
water, gas or electricity. District heating refers to the
view to taking measurements or giving an estimate
supply of heat, inter alia, in the form of steam or hot
without any commitment of the consumer and where
water, from a central source of production through a
the contract is then concluded only at a later point in
transmission and distribution system to multiple
time on the business premises of the trader or via means
buildings, for the purpose of heating.
of distance communication on the basis of the trader’s
estimate. In those cases, the contract is not to be
considered as having been concluded immediately after
the trader has addressed the consumer if the consumer
has had time to reflect upon the estimate of the trader
before concluding the contract. Purchases made during
(26) Contracts
related
to
the
transfer
of
immovable
property
an excursion organised by the trader during which the
or of rights in immovable property or to the creation or
products acquired are promoted and offered for sale
acquisition of such immovable property or rights,
should be considered as off-premises contracts.
contracts for the construction of new buildings or the

substantial conversion of existing buildings as well as
contracts for the rental of accommodation for residential
purposes are already subject to a number of specific
requirements in national legislation. Those contracts
include for instance sales of immovable property still
(22) Business premises should include premises in whatever
to be developed and hire-purchase. The provisions of
form (such as shops, stalls or lorries) which serve as a
this Directive are not appropriate to those contracts,
permanent or usual place of business for the trader.
which should be therefore excluded from its scope. A
Market stalls and fair stands should be treated as
substantial conversion is a conversion comparable to
business premises if they fulfil this condition. Retail
the construction of a new building, for example where
premises where the trader carries out his activity on a
only the faade of an old building is retained. Service
seasonal basis, for instance during the tourist season at a
contracts in particular those related to the construction
ski or beach resort, should be considered as business
of annexes to buildings (for example a garage or a
premises as the trader carries out his activity in those
veranda) and those related to repair and renovation of
premises on a usual basis. Spaces accessible to the
buildings other than substantial conversion, should be
public, such as streets, shopping malls, beaches, sports
included in the scope of this Directive, as well as
facilities and public transport, which the trader uses on
contracts related to the services of a real estate agent
an exceptional basis for his business activities as well as
and those related to the rental of accommodation for
private homes or workplaces should not be regarded as
non-residential purposes.
business premises. The business premises of a person
acting in the name or on behalf of the trader as
defined in this Directive should be considered as
business premises within the meaning of this Directive.
(27) Transport services cover passenger transport and
transport of goods. Passenger transport should be
excluded from the scope of this Directive as it is
(23) Durable
media
should
enable
the
consumer
to
store
the
already subject to other Union legislation or, in the
information for as long as it is necessary for him to
case of public transport and taxis, to regulation at
protect his interests stemming from his relationship
national level. However, the provisions of this Directive
with the trader. Such media should include in particular
protecting consumers against excessive fees for the use of
paper, USB sticks, CD-ROMs, DVDs, memory cards or
means of payment or against hidden costs should apply
the hard disks of computers as well as e-mails.
also to passenger transport contracts. In relation to
transport of goods and car rental which are services,
consumers should benefit from the protection afforded
by this Directive, with the exception of the right of with
drawal.
(24) A
public
auction
implies
that
traders
and
consumers
attend or are given the possibility to attend the auction
in person. The goods or services are offered by the trader
to the consumer through a bidding procedure authorised
by law in some Member States, to offer goods or services
(28) In
order
to
avoid
administrative
burden
being
placed
on
at public sale. The successful bidder is bound to purchase
traders, Member States may decide not to apply this
the goods or services. The use of online platforms for
Directive where goods or services of a minor value are
auction purposes which are at the disposal of consumers
sold off-premises. The monetary threshold should be
and traders should not be considered as a public auction
established at a sufficiently low level as to exclude only
within the meaning of this Directive.
purchases of small significance. Member States should be
allowed to define this value in their national legislation
provided that it does not exceed EUR 50. Where two or
more contracts with related subjects are concluded at the
same time by the consumer, the total cost thereof should
(25) Contracts
related
to
district
heating
should
be
covered
by
be taken into account for the purpose of applying this
this Directive, similarly to the contracts for the supply of
threshold.

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(29) Social
services
have
fundamentally
distinct
features
that
(32) The
existing
Union legislation,
inter alia,
relating to
are reflected in sector-specific legislation, partially at
consumer financial services, package travel and
Union level and partially at national level. Social
timeshare contains numerous rules on consumer
services include, on the one hand, services for particularly
protection. For this reason, this Directive should not
disadvantaged or low income persons as well as services
apply to contracts in those areas. With regard to
for persons and families in need of assistance in carrying
financial services, Member States should be encouraged
out routine, everyday tasks and, on the other hand,
to draw inspiration from existing Union legislation in
services for all people who have a special need for
that area when legislating in areas not regulated at
assistance, support, protection or encouragement in a
Union level, in such a way that a level playing field for
specific life phase. Social services cover, inter alia,
all consumers and all contracts relating to financial
services for children and youth, assistance services for
services is ensured.
families, single parents and older persons, and services
for migrants. Social services cover both short-term and
long-term care services, for instance services provided by
home care services or provided in assisted living facilities
and residential homes or housing (‘nursing homes’).
(33) The
trader
should
be
obliged
to
inform
the
consumer
in
Social services include not only those provided by the
advance of any arrangement resulting in the consumer
State at a national, regional or local level by providers
paying a deposit to the trader, including an arrangement
mandated by the State or by charities recognised by the
whereby an amount is blocked on the consumer’s credit
State but also those provided by private operators. The
or debit card.
provisions of this Directive are not appropriate to social
services which should be therefore excluded from its
scope.
(34) The
trader
should
give
the
consumer
clear
and
compre
hensible information before the consumer is bound by a
distance or off-premises contract, a contract other than a
distance or an off-premises contract, or any corre
(30) Healthcare
requires
special
regulations
because of its
sponding offer. In providing that information, the
technical complexity, its importance as a service of
trader should take into account the specific needs of
general interest as well as its extensive public funding.
consumers who are particularly vulnerable because of
Healthcare is defined in Directive 2011/24/EU of the
their mental, physical or psychological infirmity, age or
European Parliament and of the Council of 9 March
credulity in a way which the trader could reasonably be
2011 on the application of patients’ rights in cross-
expected to foresee. However, taking into account such
border healthcare ( 1 ) as ‘health services provided by
specific needs should not lead to different levels of
health professionals to patients to assess, maintain or
consumer protection.
restore their state of health, including the prescription,
dispensation and provision of medicinal products and
medical devices’. Health professional is defined in that
Directive as a doctor of medicine, a nurse responsible
for general care, a dental practitioner, a midwife or a
(35) The
information
to
be
provided
by
the
trader
to
the
pharmacist within the meaning of Directive 2005/36/EC
consumer should be mandatory and should not be
of the European Parliament and of the Council of
altered. Nevertheless, the contracting parties should be
7 September 2005 on the recognition of professional
able to expressly agree to change the content of the
qualifications (
contract subsequently concluded, for instance the

2 ) or another professional exercising
activities in the healthcare sector which are restricted to
arrangements for delivery.
a regulated profession as defined in point (a) of
Article 3(1) of Directive 2005/36/EC, or a person
considered to be a health professional according to the
legislation of the Member State of treatment. The
(36) In the case of distance contracts, the information
provisions of this Directive are not appropriate to
requirements should be adapted to take into account
healthcare which should be therefore excluded from its
the technical constraints of certain media, such as the
scope.
restrictions on the number of characters on certain
mobile telephone screens or the time constraint on
television sales spots. In such cases the trader should
comply with a minimum set of information requirements
and refer the consumer to another source of information,
(31) Gambling
should
be
excluded
from
the
scope
of
this
for instance by providing a toll free telephone number or
Directive. Gambling activities are those which involve
a hypertext link to a webpage of the trader where the
wagering at stake with pecuniary value in games of
relevant information is directly available and easily
chance, including lotteries, gambling in casinos and
accessible. As to the requirement to inform the
betting transactions. Member States should be able to
consumer of the cost of returning goods which by
adopt other, including more stringent, consumer
their nature cannot normally be returned by post, it
protection measures in relation to such activities.
will be considered to have been met, for example, if
the trader specifies one carrier (for instance the one he
( 1 ) OJ L 88, 4.4.2011, p. 45.
assigned for the delivery of the good) and one price
( 2 ) OJ L 255, 30.9.2005, p. 22.
concerning the cost of returning the goods. Where the

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cost of returning the goods cannot reasonably be
expire after 14 days from the day on which the
calculated in advance by the trader, for example
consumer acquires physical possession of the last good.
because the trader does not offer to arrange for the
Where goods are delivered in multiple lots or pieces, the
return of the goods himself, the trader should provide
withdrawal period should expire after 14 days from the
a statement that such a cost will be payable, and that this
day on which the consumer acquires the physical
cost may be high, along with a reasonable estimation of
possession of the last lot or piece.
the maximum cost, which could be based on the cost of
delivery to the consumer.
(41) In
order
to
ensure
legal
certainty,
it
is
appropriate
that
Council Regulation (EEC, Euratom) No 1182/71 of
(37) Since in the case of distance sales, the consumer is not
3 June 1971 determining the rules applicable to
able to see the goods before concluding the contract, he
periods, dates and time limits (
should have a right of withdrawal. For the same reason,

1 ) should apply to the
calculation of the periods contained in this Directive.
the consumer should be allowed to test and inspect the
Therefore, all periods contained in this Directive should
goods he has bought to the extent necessary to establish
be understood to be expressed in calendar days. Where a
the nature, characteristics and the functioning of the
period expressed in days is to be calculated from the
goods. Concerning off-premises contracts, the consumer
moment at which an event occurs or an action takes
should have the right of withdrawal because of the
place, the day during which that event occurs or that
potential surprise element and/or psychological
action takes place should not be considered as falling
pressure. Withdrawal from the contract should
within the period in question.
terminate the obligation of the contracting parties to

perform the contract.
(42) The
provisions
relating
to
the
right
of
withdrawal
should
(38) Trading
websites
should
indicate
clearly
and
legibly
at
the
be without prejudice to the Member States’ laws and
latest at the beginning of the ordering process whether
regulations governing the termination or unenforceability
any delivery restrictions apply and which means of
of a contract or the possibility for the consumer to fulfil
payment are accepted.
his contractual obligations before the time determined in
the contract.
(39) It is important to ensure for distance contracts concluded
through websites that the consumer is able to fully read
(43) If the trader has not adequately informed the consumer
and understand the main elements of the contract before
prior to the conclusion of a distance or off-premises
placing his order. To that end, provision should be made
contract, the withdrawal period should be extended.
in this Directive for those elements to be displayed in the
However, in order to ensure legal certainty as regards
close vicinity of the confirmation requested for placing
the length of the withdrawal period, a 12-month limi
the order. It is also important to ensure that, in such
tation period should be introduced.
situations, the consumer is able to determine the
moment at which he assumes the obligation to pay the
trader. Therefore, the consumer’s attention should
specifically be drawn, through an unambiguous formu
lation, to the fact that placing the order entails the obli
(44) Differences in the ways in which the right of withdrawal
gation to pay the trader.
is exercised in the Member States have caused costs for
traders selling cross-border. The introduction of a
harmonised model withdrawal form that the consumer
may use should simplify the withdrawal process and
(40) The
current
varying
lengths
of
the
withdrawal
periods
bring legal certainty. For these reasons, Member States
both between the Member States and for distance and
should refrain from adding any presentational
off-premises contracts cause legal uncertainty and
requirements to the Union-wide model form relating
compliance costs. The same withdrawal period should
for example to the font size. However, the consumer
apply to all distance and off-premises contracts. In the
should remain free to withdraw in his own words,
case of service contracts, the withdrawal period should
provided that his statement setting out his decision to
expire after 14 days from the conclusion of the contract.
withdraw from the contract to the trader is unequivocal.
In the case of sales contracts, the withdrawal period
A letter, a telephone call or returning the goods with a
should expire after 14 days from the day on which the
clear statement could meet this requirement, but the
consumer or a third party other than the carrier and
burden of proof of having withdrawn within the time
indicated by the consumer, acquires physical possession
limits fixed in the Directive should be on the consumer.
of the goods. In addition the consumer should be able to
For this reason, it is in the interest of the consumer to
exercise the right to withdraw before acquiring physical
make use of a durable medium when communicating his
possession of the goods. Where multiple goods are
withdrawal to the trader.
ordered by the consumer in one order but are
delivered separately, the withdrawal period should
( 1 ) OJ L 124, 8.6.1971, p. 1.

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(45) As
experience
shows
that
many
consumers
and
traders
should neither apply to goods made to the consumer’s
prefer to communicate via the trader’s website, there
specifications or which are clearly personalised such as
should be a possibility for the trader to give the
tailor-made curtains, nor to the supply of fuel, for
consumer the option of filling in a web-based withdrawal
example, which is a good, by nature inseparably mixed
form. In this case the trader should provide an acknowl
with other items after delivery. The granting of a right of
edgement of receipt for instance by e-mail without delay.
withdrawal to the consumer could also be inappropriate
in the case of certain services where the conclusion of the
contract implies the setting aside of capacity which, if a
right of withdrawal were exercised, the trader may find
difficult to fill. This would for example be the case where
(46) In
the
event
that
the
consumer
withdraws
from
the
reservations are made at hotels or concerning holiday
contract, the trader should reimburse all payments
cottages or cultural or sporting events.
received from the consumer, including those covering
the expenses borne by the trader to deliver goods to
the consumer. The reimbursement should not be made
by voucher unless the consumer has used vouchers for
the initial transaction or has expressly accepted them. If
(50) On
the
one
hand,
the
consumer
should
benefit
from
his
the consumer expressly chooses a certain type of delivery
right of withdrawal even in case he has asked for the
(for instance 24-hour express delivery), although the
provision of services before the end of the withdrawal
trader had offered a common and generally acceptable
period. On the other hand, if the consumer exercises his
type of delivery which would have incurred lower
right of withdrawal, the trader should be assured to be
delivery costs, the consumer should bear the difference
adequately paid for the service he has provided. The
in costs between these two types of delivery.
calculation of the proportionate amount should be
based on the price agreed in the contract unless the
consumer demonstrates that that total price is itself
disproportionate, in which case the amount to be paid
shall be calculated on the basis of the market value of the
(47) Some
consumers
exercise
their
right
of
withdrawal
after
service provided. The market value should be defined by
having used the goods to an extent more than necessary
comparing the price of an equivalent service performed
to establish the nature, characteristics and the functioning
by other traders at the time of the conclusion of the
of the goods. In this case the consumer should not lose
contract. Therefore the consumer should request the
the right to withdraw but should be liable for any
performance of services before the end of the withdrawal
diminished value of the goods. In order to establish the
period by making this request expressly and, in the case
nature, characteristics and functioning of the goods, the
of off-premises contracts, on a durable medium.
consumer should only handle and inspect them in the
Similarly, the trader should inform the consumer on a
same manner as he would be allowed to do in a shop.
durable medium of any obligation to pay the propor
For example, the consumer should only try on a garment
tionate costs for the services already provided. For
and should not be allowed to wear it. Consequently, the
contracts having as their object both goods and
consumer should handle and inspect the goods with due
services, the rules provided for in this Directive on the
care during the withdrawal period. The obligations of the
return of goods should apply to the goods aspects and
consumer in the event of withdrawal should not
the compensation regime for services should apply to the
discourage the consumer from exercising his right of
services aspects.
withdrawal.
(51) The
main
difficulties
encountered
by
consumers
and
one
(48) The
consumer
should
be
required
to
send
back
the
goods
of the main sources of disputes with traders concern
not later than 14 days after having informed the trader
delivery of goods, including goods getting lost or
about his decision to withdraw from the contract. In
damaged during transport and late or partial delivery.
situations where the trader or the consumer does not
Therefore it is appropriate to clarify and harmonise the
fulfil the obligations relating to the exercise of the right
national rules as to when delivery should occur. The
of withdrawal, penalties provided for by national legis
place and modalities of delivery and the rules concerning
lation in accordance with this Directive should apply as
the determination of the conditions for the transfer of
well as contract law provisions.
the ownership of the goods and the moment at which
such transfer takes place, should remain subject to
national law and therefore should not be affected by
this Directive. The rules on delivery laid down in this
Directive should include the possibility for the
(49) Certain
exceptions
from
the
right
of
withdrawal
should
consumer to allow a third party to acquire on his
exist, both for distance and off-premises contracts. A
behalf the physical possession or control of the goods.
right of withdrawal could be inappropriate for example
The consumer should be considered to have control of
given the nature of particular goods or services. That is
the goods where he or a third party indicated by the
the case for example with wine supplied a long time after
consumer has access to the goods to use them as an
the conclusion of a contract of a speculative nature
owner, or the ability to resell the goods (for example,
where the value is dependent on fluctuations in the
when he has received the keys or possession of the
market (‘vin en primeur’). The right of withdrawal
ownership documents).

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of
the
European
Union L
304/71
(52) In the context of sales contracts, the delivery of goods
damage, as to the moment at which the transfer of risk
can take place in various ways, either immediately or at a
takes place. Therefore this Directive should provide that
later date. If the parties have not agreed on a specific
the consumer be protected against any risk of loss of or
delivery date, the trader should deliver the goods as soon
damage to the goods occurring before he has acquired
as possible, but in any event not later than 30 days from
the physical possession of the goods. The consumer
the day of the conclusion of the contract. The rules
should be protected during a transport arranged or
regarding late delivery should also take into account
carried out by the trader, even where the consumer has
goods to be manufactured or acquired specially for the
chosen a particular delivery method from a range of
consumer which cannot be reused by the trader without
options offered by the trader. However, that provision
considerable loss. Therefore, a rule which grants an addi
should not apply to contracts where it is up to the
tional reasonable period of time to the trader in certain
consumer to take delivery of the goods himself or to
circumstances should be provided for in this Directive.
ask a carrier to take delivery. Regarding the moment of
When the trader has failed to deliver the goods within
the transfer of the risk, a consumer should be considered
the period of time agreed with the consumer, before the
to have acquired the physical possession of the goods
consumer can terminate the contract, the consumer
when he has received them.
should call upon the trader to make the delivery within
a reasonable additional period of time and be entitled to
terminate the contract if the trader fails to deliver the
goods even within that additional period of time.
However, this rule should not apply when the trader
(56) Persons or organisations regarded under national law as
having a legitimate interest in protecting consumer
has refused to deliver the goods in an unequivocal
contractual rights should be afforded the right to
statement. Neither should it apply in certain circum
initiate proceedings, either before a court or before an
stances where the delivery period is essential such as,
administrative authority which is competent to decide
for example, in the case of a wedding dress which
upon complaints or to initiate appropriate legal
should be delivered before the wedding. Nor should it
proceedings.
apply in circumstances where the consumer informs the

trader that delivery on a specified date is essential. For
this purpose, the consumer may use the trader’s contact
details given in accordance with this Directive. In these
specific cases, if the trader fails to deliver the goods on
(57) It
is
necessary
that
Member
States
lay
down
penalties
for
time, the consumer should be entitled to terminate the
infringements of this Directive and ensure that they are
contract immediately after the expiry of the delivery
enforced. The penalties should be effective, proportionate
period initially agreed. This Directive should be without
and dissuasive.
prejudice to national provisions on the way the
consumer should notify the trader of his will to
terminate the contract.
(58) The
consumer
should
not
be
deprived
of
the
protection
granted by this Directive. Where the law applicable to the
(53) In addition to the consumer’s right to terminate the
contract is that of a third country, Regulation (EC)
contract where the trader has failed to fulfil his obli
No 593/2008 should apply, in order to determine
gations to deliver the goods in accordance with this
whether the consumer retains the protection granted by
Directive, the consumer may, in accordance with the
this Directive.
applicable national law, have recourse to other
remedies, such as granting the trader an additional
period of time for delivery, enforcing the performance
of the contract, withholding payment, and seeking
(59) The Commission, following consultation with the
damages.
Member States and stakeholders, should look into the
most appropriate way to ensure that all consumers are
made aware of their rights at the point of sale.
(54) In accordance with Article 52(3) of Directive
2007/64/EC of the European Parliament and of the
Council of 13 November 2007 on payment services in
the internal market ( 1 ), Member States should be able to
prohibit or limit traders’ right to request charges from
(60) Since
inertia
selling,
which
consists
of
unsolicited
supply
of goods or provision of services to consumers, is
consumers taking into account the need to encourage
prohibited by Directive 2005/29/EC of the European
competition and promote the use of efficient payment
Parliament and of the Council of 11 May 2005
instruments. In any event, traders should be prohibited
concerning unfair business-to-consumer commercial
from charging consumers fees that exceed the cost borne
practices in the internal market (‘Unfair Commercial
by the trader for the use of a certain means of payment.
Practices Directive’) ( 2 ) but no contractual remedy is
provided therein, it is necessary to introduce in this
Directive the contractual remedy of exempting the
(55) Where the goods are dispatched by the trader to the
consumer from the obligation to provide any
consumer, disputes may arise, in the event of loss or
consideration for such unsolicited supply or provision.
( 1 ) OJ L 319, 5.12.2007, p. 1.
( 2 ) OJ L 149, 11.6.2005, p. 22.

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L 304/72
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Official Journal of the European Union
22.11.2011
(61) Directive
2002/58/EC
of
the
European
Parliament
and
of
encouraged to draw up, for themselves and in the
the Council of 12 July 2002 concerning the processing
interests of the Union, their own tables, which will, as
of personal data and the protection of privacy in the
far as possible, illustrate the correlation between this
electronic communications sector (Directive on privacy
Directive and the transposition measures, and to make
and electronic communications)
( 1 ) already regulates
them public,
unsolicited communications and provides for a high
level of consumer protection. The corresponding
provisions on the same issue contained in Directive
97/7/EC are therefore not needed.
HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I
(62) It is appropriate for the Commission to review this
Directive if some barriers to the internal market are
SUBJECT MATTER, DEFINITIONS AND SCOPE
identified. In its review, the Commission should pay
particular attention to the possibilities granted to
Article 1
Member States to maintain or introduce specific
Subject matter
national provisions including in certain areas of
Council Directive 93/13/EEC of 5 April 1993 on unfair
The purpose of this Directive is, through the achievement of a
terms in consumer contracts
( 2 ) and Directive
high level of consumer protection, to contribute to the proper
1999/44/EC of the European Parliament and of the
functioning of the internal market by approximating certain
Council of 25 May 1999 on certain aspects of the sale
aspects of the laws, regulations and administrative provisions
of consumer goods and associated guarantees ( 3 ). That
of the Member States concerning contracts concluded between
review could lead to a Commission proposal to amend
consumers and traders.
this Directive; that proposal may include amendments to
other consumer protection legislation reflecting the
Commission’s Consumer Policy Strategy commitment
Article 2
to review the Union acquis in order to achieve a high,
common level of consumer protection.
Definitions
For the purpose of this Directive, the following definitions shall
apply:
(63) Directives 93/13/EEC and 1999/44/EC should be
amended to require Member States to inform the
Commission about the adoption of specific national
provisions in certain areas.
(1) ‘consumer’ means any natural person who, in contracts
covered by this Directive, is acting for purposes which
are outside his trade, business, craft or profession;
(64) Directives
85/577/EEC
and
97/7/EC
should
be
repealed.
(2) ‘trader’ means any natural person or any legal person,
irrespective of whether privately or publicly owned, who
(65) Since
the
objective
of
this
Directive,
namely,
through
the
is acting, including through any other person acting in his
achievement of a high level of consumer protection, to
name or on his behalf, for purposes relating to his trade,
contribute to the proper functioning of the internal
business, craft or profession in relation to contracts
market, cannot be sufficiently achieved by the Member
covered by this Directive;
States and can therefore be better achieved at Union
level, the Union may adopt measures, in accordance
with the principle of subsidiarity as set out in Article 5
of the Treaty on European Union. In accordance with the
(3) ‘goods’ means any tangible movable items, with the
principle of proportionality, as set out in that Article, this
exception of items sold by way of execution or
Directive does not go beyond what is necessary in order
otherwise by authority of law; water, gas and electricity
to achieve that objective.
shall be considered as goods within the meaning of this
Directive where they are put up for sale in a limited
volume or a set quantity;
(66) This Directive respects the fundamental rights and
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union.
(4) ‘goods made to the consumer’s specifications’ means non-
prefabricated goods made on the basis of an individual
choice of or decision by the consumer;
(67) In
accordance
with
point
34
of
the
Interinstitutional
agreement on better law-making ( 4 ), Member States are
(5) ‘sales contract’ means any contract under which the trader
transfers or undertakes to transfer the ownership of goods
( 1 ) OJ L 201, 31.7.2002, p. 37.
to the consumer and the consumer pays or undertakes to
( 2 ) OJ L 95, 21.4.1993, p. 29.
( 3 ) OJ L 171, 7.7.1999, p. 12.
pay the price thereof, including any contract having as its
( 4 ) OJ C 321, 31.12.2003, p. 1.
object both goods and services;

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European
Union L
304/73
(6) ‘service contract’ means any contract other than a sales
(13) ‘public auction’ means a method of sale where goods or
contract under which the trader supplies or undertakes
services are offered by the trader to consumers, who
to supply a service to the consumer and the consumer
attend or are given the possibility to attend the auction
pays or undertakes to pay the price thereof;
in person, through a transparent, competitive bidding
procedure run by an auctioneer and where the successful
bidder is bound to purchase the goods or services;
(7) ‘distance contract’ means any contract concluded between
the trader and the consumer under an organised distance
sales or service-provision scheme without the simultaneous
physical presence of the trader and the consumer, with the
(14) ‘commercial guarantee’ means any undertaking by the
exclusive use of one or more means of distance communi
trader or a producer (the guarantor) to the consumer, in
cation up to and including the time at which the contract
addition to his legal obligation relating to the guarantee of
is concluded;
conformity, to reimburse the price paid or to replace,
repair or service goods in any way if they do not meet
the specifications or any other requirements not related to
(8) ‘off-premises contract’ means any contract between the
conformity set out in the guarantee statement or in the
trader and the consumer:
relevant advertising available at the time of, or before the
conclusion of the contract;
(a) concluded in the simultaneous physical presence of the
trader and the consumer, in a place which is not the
business premises of the trader;
(15) ‘ancillary contract’ means a contract by which the
consumer acquires goods or services related to a distance
contract or an off-premises contract and where those
(b) for which an offer was made by the consumer in the
goods are supplied or those services are provided by the
same circumstances as referred to in point (a);
trader or by a third party on the basis of an arrangement
between that third party and the trader.
(c) concluded on the business premises of the trader or
through any means of distance communication
immediately after the consumer was personally and
Article 3
individually addressed in a place which is not the
Scope
business premises of the trader in the simultaneous
physical presence of the trader and the consumer; or
1. This
Directive
shall
apply,
under
the
conditions
and
to
the
extent set out in its provisions, to any contract concluded
between a trader and a consumer. It shall also apply to
(d) concluded during an excursion organised by the trader
contracts for the supply of water, gas, electricity or district
with the aim or effect of promoting and selling goods
heating, including by public providers, to the extent that these
or services to the consumer;
commodities are provided on a contractual basis.
(9) ‘business premises’ means:
2. If
any
provision
of
this
Directive
conflicts
with
a
provision
of another Union act governing specific sectors, the provision of
(a) any immovable retail premises where the trader carries
that other Union act shall prevail and shall apply to those
out his activity on a permanent basis; or
specific sectors.
(b) any movable retail premises where the trader carries
out his activity on a usual basis;
3. This
Directive
shall
not
apply
to
contracts:
(10) ‘durable medium’ means any instrument which enables the
(a) for social services, including social housing, childcare and
consumer or the trader to store information addressed
support of families and persons permanently or
personally to him in a way accessible for future
temporarily in need, including long-term care;
reference for a period of time adequate for the purposes
of the information and which allows the unchanged repro
duction of the information stored;
(b) for healthcare as defined in point (a) of Article 3 of
Directive 2011/24/EU, whether or not they are provided
(11) ‘digital content’ means data which are produced and
via healthcare facilities;
supplied in digital form;
(12) ‘financial service’ means any service of a banking, credit,
(c) for gambling, which involves wagering a stake with
insurance, personal pension, investment or payment
pecuniary value in games of chance, including lotteries,
nature;
casino games and betting transactions;

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L 304/74
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Official Journal of the European Union
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(d) for financial services;
5. This
Directive
shall
not
affect
national
general
contract
law such as the rules on the validity, formation or effect of a
contract, in so far as general contract law aspects are not
(e) for the creation, acquisition or transfer of immovable
regulated in this Directive.
property or of rights in immovable property;
6. This
Directive
shall
not
prevent
traders
from
offering
(f) for the construction of new buildings, the substantial
consumers contractual arrangements which go beyond the
conversion of existing buildings and for rental of accom
protection provided for in this Directive.
modation for residential purposes;
Article 4
(g) which fall within the scope of Council Directive
90/314/EEC of 13 June 1990 on package travel, package
Level of harmonisation
holidays and package tours ( 1 );
Member States shall not maintain or introduce, in their national
law, provisions diverging from those laid down in this Directive,
including more or less stringent provisions to ensure a different
(h) which fall within the scope of Directive 2008/122/EC of
level of consumer protection, unless otherwise provided for in
the European Parliament and of the Council of 14 January
this Directive.
2009 on the protection of consumers in respect of certain
aspects of timeshare, long-term holiday product, resale and
exchange contracts ( 2 );
CHAPTER II
CONSUMER INFORMATION FOR CONTRACTS OTHER THAN
(i) which,
in
accordance
with
the
laws
of
Member
States,
are
DISTANCE OR OFF-PREMISES CONTRACTS
established by a public office-holder who has a statutory
obligation to be independent and impartial and who must
Article 5
ensure, by providing comprehensive legal information, that
Information requirements for contracts other than distance
the consumer only concludes the contract on the basis of
or off-premises contracts
careful legal consideration and with knowledge of its legal
scope;
1. Before
the
consumer
is
bound
by
a
contract
other
than
a
distance or an off-premises contract, or any corresponding offer,
the trader shall provide the consumer with the following
information in a clear and comprehensible manner, if that
(j) for the supply of foodstuffs, beverages or other goods
information is not already apparent from the context:
intended for current consumption in the household, and
which are physically supplied by a trader on frequent and
regular rounds to the consumer’s home, residence or
workplace;
(a) the main characteristics of the goods or services, to the
extent appropriate to the medium and to the goods or
services;
(k) for passenger transport services, with the exception of
Article 8(2) and Articles 19 and 22;
(b) the identity of the trader, such as his trading name, the
geographical address at which he is established and his
(l) concluded by means of automatic vending machines or
telephone number;
automated commercial premises;
(m) concluded with telecommunications operators through
(c) the total price of the goods or services inclusive of taxes, or
public payphones for their use or concluded for the use
where the nature of the goods or services is such that the
of one single connection by telephone, Internet or fax
price cannot reasonably be calculated in advance, the
established by a consumer.
manner in which the price is to be calculated, as well as,
where applicable, all additional freight, delivery or postal
charges or, where those charges cannot reasonably be
calculated in advance, the fact that such additional charges
4. Member
States
may
decide
not
to
apply
this
Directive
or
may be payable;
not to maintain or introduce corresponding national provisions
to off-premises contracts for which the payment to be made by
the consumer does not exceed EUR 50. Member States may
define a lower value in their national legislation.
(d) where applicable, the arrangements for payment, delivery,
performance, the time by which the trader undertakes to
( 1 ) OJ L 158, 23.6.1990, p. 59.
deliver the goods or to perform the service, and the trader’s
( 2 ) OJ L 33, 3.2.2009, p. 10.
complaint handling policy;

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Union L
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(e) in addition to a reminder of the existence of a legal
(d) if different from the address provided in accordance with
guarantee of conformity for goods, the existence and the
point (c), the geographical address of the place of business
conditions of after-sales services and commercial guarantees,
of the trader, and, where applicable, that of the trader on
where applicable;
whose behalf he is acting, where the consumer can address
any complaints;
(f) the duration of the contract, where applicable, or, if the
contract is of indeterminate duration or is to be extended
automatically, the conditions for terminating the contract;
(e) the total price of the goods or services inclusive of taxes, or
where the nature of the goods or services is such that the
price cannot reasonably be calculated in advance, the
(g) where applicable, the functionality, including applicable
manner in which the price is to be calculated, as well as,
technical protection measures, of digital content;
where applicable, all additional freight, delivery or postal
charges and any other costs or, where those charges cannot
reasonably be calculated in advance, the fact that such
(h) where applicable, any relevant interoperability of digital
additional charges may be payable. In the case of a
content with hardware and software that the trader is
contract of indeterminate duration or a contract containing
aware of or can reasonably be expected to have been
a subscription, the total price shall include the total costs
aware of.
per billing period. Where such contracts are charged at a
fixed rate, the total price shall also mean the total monthly
costs. Where the total costs cannot be reasonably calculated
2. Paragraph
1
shall
also
apply
to
contracts
for
the
supply
of
in advance, the manner in which the price is to be
water, gas or electricity, where they are not put up for sale in a
calculated shall be provided;
limited volume or set quantity, of district heating or of digital
content which is not supplied on a tangible medium.
(f) the cost of using the means of distance communication for
3. Member
States
shall
not
be
required
to
apply
paragraph
1
the conclusion of the contract where that cost is calculated
to contracts which involve day-to-day transactions and which
other than at the basic rate;
are performed immediately at the time of their conclusion.
4. Member
States
may
adopt
or
maintain
additional
pre- (g) the arrangements for payment, delivery, performance, the
contractual information requirements for contracts to which
time by which the trader undertakes to deliver the goods or
this Article applies.
to perform the services and, where applicable, the trader’s

complaint handling policy;
CHAPTER III
CONSUMER INFORMATION AND RIGHT OF WITHDRAWAL
(h) where a right of withdrawal exists, the conditions, time
FOR DISTANCE AND OFF-PREMISES CONTRACTS
limit and procedures for exercising that right in accordance
with Article 11(1), as well as the model withdrawal form
Article 6
set out in Annex I(B);
Information requirements for distance and off-premises
contracts
1. Before the consumer is bound by a distance or off-
(i) where
applicable,
that
the
consumer
will
have
to
bear
the
premises contract, or any corresponding offer, the trader shall
cost of returning the goods in case of withdrawal and, for
provide the consumer with the following information in a clear
distance contracts, if the goods, by their nature, cannot
and comprehensible manner:
normally be returned by post, the cost of returning the
goods;
(a) the main characteristics of the goods or services, to the
extent appropriate to the medium and to the goods or
services;
(j) that, if the consumer exercises the right of withdrawal after
having made a request in accordance with Article 7(3) or
Article 8(8), the consumer shall be liable to pay the trader
(b) the identity of the trader, such as his trading name;
reasonable costs in accordance with Article 14(3);
(c) the geographical address at which the trader is established
and the trader’s telephone number, fax number and e-mail
(k) where a right of withdrawal is not provided for in
address, where available, to enable the consumer to contact
accordance with Article 16, the information that the
the trader quickly and communicate with him efficiently
consumer will not benefit from a right of withdrawal or,
and, where applicable, the geographical address and
where applicable, the circumstances under which the
identity of the trader on whose behalf he is acting;
consumer loses his right of withdrawal;

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(l) a reminder of the existence of a legal guarantee of
5. The
information
referred
to
in
paragraph
1
shall
form
an
conformity for goods;
integral part of the distance or off-premises contract and shall
not be altered unless the contracting parties expressly agree
otherwise.
(m) where applicable, the existence and the conditions of after
sale customer assistance, after-sales services and commercial
guarantees;
6. If the trader has not complied with the information
requirements on additional charges or other costs as referred
to in point (e) of paragraph 1, or on the costs of returning the
(n) the existence of relevant codes of conduct, as defined in
goods as referred to in point (i) of paragraph 1, the consumer
point (f) of Article 2 of Directive 2005/29/EC, and how
shall not bear those charges or costs.
copies of them can be obtained, where applicable;
7. Member
States
may
maintain
or
introduce
in
their
(o) the duration of the contract, where applicable, or, if the
national law language requirements regarding the contractual
contract is of indeterminate duration or is to be extended
information, so as to ensure that such information is easily
automatically, the conditions for terminating the contract;
understood by the consumer.
(p) where applicable, the minimum duration of the consumer’s
8. The
information
requirements
laid
down
in
this
Directive
obligations under the contract;
are in addition to information requirements contained in
Directive 2006/123/EC and Directive 2000/31/EC and do not
prevent Member States from imposing additional information
requirements in accordance with those Directives.
(q) where applicable, the existence and the conditions of
deposits or other financial guarantees to be paid or
provided by the consumer at the request of the trader;
Without prejudice to the first subparagraph, if a provision of
Directive 2006/123/EC or Directive 2000/31/EC on the content
and the manner in which the information is to be provided
(r) where applicable, the functionality, including applicable
conflicts with a provision of this Directive, the provision of this
technical protection measures, of digital content;
Directive shall prevail.
(s) where applicable, any relevant interoperability of digital
9. As
regards
compliance
with
the
information
requirements
content with hardware and software that the trader is
laid down in this Chapter, the burden of proof shall be on the
aware of or can reasonably be expected to have been
trader.
aware of;
Article 7
(t) where applicable, the possibility of having recourse to an
out-of-court complaint and redress mechanism, to which
Formal requirements for off-premises contracts
the trader is subject, and the methods for having access to
1. With
respect
to
off-premises
contracts,
the
trader
shall
it.
give the information provided for in Article 6(1) to the
consumer on paper or, if the consumer agrees, on another
durable medium. That information shall be legible and in
2. Paragraph
1
shall
also
apply
to
contracts
for
the
supply
of plain, intelligible language.
water, gas or electricity, where they are not put up for sale in a
limited volume or set quantity, of district heating or of digital
content which is not supplied on a tangible medium.
2. The
trader
shall
provide
the
consumer
with
a
copy
of
the
signed contract or the confirmation of the contract on paper or,
if the consumer agrees, on another durable medium, including,
3. In
the
case
of
a
public
auction,
the
information
referred
to where applicable, the confirmation of the consumer’s prior
in points (b), (c) and (d) of paragraph 1 may be replaced by the
express consent and acknowledgement in accordance with
equivalent details for the auctioneer.
point (m) of Article 16.
4. The information referred to in points (h), (i) and (j) of
3. Where
a
consumer
wants
the
performance
of
services
or
paragraph 1 may be provided by means of the model
the supply of water, gas or electricity, where they are not put up
instructions on withdrawal set out in Annex I(A). The trader
for sale in a limited volume or set quantity, or of district heating
shall have fulfilled the information requirements laid down in
to begin during the withdrawal period provided for in
points (h), (i) and (j) of paragraph 1 if he has supplied these
Article 9(2), the trader shall require that the consumer makes
instructions to the consumer, correctly filled in.
such an express request on a durable medium.

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4. With respect to off-premises contracts where the 3. Trading
websites
shall
indicate
clearly
and
legibly
at
the
consumer has explicitly requested the services of the trader
latest at the beginning of the ordering process whether any
for the purpose of carrying out repairs or maintenance for
delivery restrictions apply and which means of payment are
which the trader and the consumer immediately perform their
accepted.
contractual obligations and where the payment to be made by
the consumer does not exceed EUR 200:
4. If the contract is concluded through a means of distance
communication which allows limited space or time to display
(a) the trader shall provide the consumer with the information
the information, the trader shall provide, on that particular
referred to in points (b) and (c) of Article 6(1) and
means prior to the conclusion of such a contract, at least the
information about the price or the manner in which the
pre-contractual information regarding the main characteristics
price is to be calculated together with an estimate of the
of the goods or services, the identity of the trader, the total
total price, on paper or, if the consumer agrees, on another
price, the right of withdrawal, the duration of the contract and,
durable medium. The trader shall provide the information
if the contract is of indeterminate duration, the conditions for
referred to in points (a), (h) and (k) of Article 6(1), but may
terminating the contract, as referred to in points (a), (b), (e), (h)
choose not to provide it on paper or another durable
and (o) of Article 6(1). The other information referred to in
medium if the consumer expressly agrees;
Article 6(1) shall be provided by the trader to the consumer
in an appropriate way in accordance with paragraph 1 of this
Article.
(b) the confirmation of the contract provided in accordance
with paragraph 2 of this Article shall contain the
information provided for in Article 6(1).
5. Without
prejudice
to
paragraph
4,
if
the
trader
makes
a
telephone call to the consumer with a view to concluding a
distance contract, he shall, at the beginning of the conversation
with the consumer, disclose his identity and, where applicable,
Member States may decide not to apply this paragraph.
the identity of the person on whose behalf he makes that call,
and the commercial purpose of the call.
5. Member
States
shall
not
impose
any
further
formal
pre- 6. Where a distance contract is to be concluded by
contractual information requirements for the fulfilment of the
telephone, Member States may provide that the trader has to
information obligations laid down in this Directive.
confirm the offer to the consumer who is bound only once he
has signed the offer or has sent his written consent. Member
States may also provide that such confirmations have to be
made on a durable medium.
Article 8
Formal requirements for distance contracts
1. With
respect
to
distance
contracts,
the
trader
shall
give
the 7. The trader shall provide the consumer with the confir
information provided for in Article 6(1) or make that
mation of the contract concluded, on a durable medium
information available to the consumer in a way appropriate
within a reasonable time after the conclusion of the distance
to the means of distance communication used in plain and
contract, and at the latest at the time of the delivery of the
intelligible language. In so far as that information is provided
goods or before the performance of the service begins. That
on a durable medium, it shall be legible.
confirmation shall include:
2. If
a
distance
contract
to
be
concluded
by
electronic
means
(a) all the information referred to in Article 6(1) unless the
places the consumer under an obligation to pay, the trader shall
trader has already provided that information to the
make the consumer aware in a clear and prominent manner,
consumer on a durable medium prior to the conclusion
and directly before the consumer places his order, of the
of the distance contract; and
information provided for in points (a), (e), (o) and (p) of
Article 6(1).
(b) where applicable, the confirmation of the consumer’s prior
express consent and acknowledgment in accordance with
point (m) of Article 16.
The trader shall ensure that the consumer, when placing his
order, explicitly acknowledges that the order implies an obli
gation to pay. If placing an order entails activating a button or a
similar function, the button or similar function shall be labelled
8. Where
a
consumer
wants
the
performance
of
services,
or
in an easily legible manner only with the words ‘order with
the supply of water, gas or electricity, where they are not put up
obligation to pay’ or a corresponding unambiguous formulation
for sale in a limited volume or set quantity, or of district
indicating that placing the order entails an obligation to pay the
heating, to begin during the withdrawal period provided for
trader. If the trader has not complied with this subparagraph,
in Article 9(2), the trader shall require that the consumer
the consumer shall not be bound by the contract or order.
make an express request.

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9. This Article shall be without prejudice to the provisions
the withdrawal period. Nevertheless, in the case of off-
on the conclusion of e-contracts and the placing of e-orders set
premises contracts, Member States may maintain existing
out in Articles 9 and 11 of Directive 2000/31/EC.
national legislation prohibiting the trader from collecting the
payment from the consumer during the given period after the
conclusion of the contract.
10. Member States shall not impose any further formal pre-
contractual information requirements for the fulfilment of the
information obligations laid down in this Directive.
Article 10
Omission of information on the right of withdrawal
Article 9
1. If the trader has not provided the consumer with the
Right of withdrawal
information on the right of withdrawal as required by point
(h) of Article 6(1), the withdrawal period shall expire 12
1. Save
where
the
exceptions
provided
for
in
Article
16 months from the end of the initial withdrawal period, as
apply, the consumer shall have a period of 14 days to
determined in accordance with Article 9(2).
withdraw from a distance or off-premises contract, without
giving any reason, and without incurring any costs other than
those provided for in Article 13(2) and Article 14.
2. If the trader has provided the consumer with the
information provided for in paragraph 1 of this Article within
2. Without
prejudice
to
Article
10,
the
withdrawal
period 12 months from the day referred to in Article 9(2), the with
referred to in paragraph 1 of this Article shall expire after 14
drawal period shall expire 14 days after the day upon which the
days from:
consumer receives that information.
(a) in the case of service contracts, the day of the conclusion of
Article 11
the contract;
Exercise of the right of withdrawal
1. Before the expiry of the withdrawal period, the consumer
(b) in the case of sales contracts, the day on which the
shall inform the trader of his decision to withdraw from the
consumer or a third party other than the carrier and
contract. For this purpose, the consumer may either:
indicated by the consumer acquires physical possession of
the goods or:
(a) use the model withdrawal form as set out in Annex I(B); or
(i) in the case of multiple goods ordered by the consumer
in one order and delivered separately, the day on which
the consumer or a third party other than the carrier and
(b) make any other unequivocal statement setting out his
indicated by the consumer acquires physical possession
decision to withdraw from the contract.
of the last good;
Member States shall not provide for any formal requirements
(ii) in the case of delivery of a good consisting of multiple
applicable to the model withdrawal form other than those set
lots or pieces, the day on which the consumer or a
out in Annex I(B).
third party other than the carrier and indicated by the
consumer acquires physical possession of the last lot or
piece;
2. The
consumer
shall
have
exercised
his
right
of
withdrawal
within the withdrawal period referred to in Article 9(2) and
Article 10 if the communication concerning the exercise of
(iii) in the case of contracts for regular delivery of goods
the right of withdrawal is sent by the consumer before that
during defined period of time, the day on which the
period has expired.
consumer or a third party other than the carrier and
indicated by the consumer acquires physical possession
of the first good;
3. The
trader
may,
in
addition
to
the
possibilities
referred
to
in paragraph 1, give the option to the consumer to elec
(c) in the case of contracts for the supply of water, gas or
tronically fill in and submit either the model withdrawal form
electricity, where they are not put up for sale in a limited
set out in Annex I(B) or any other unequivocal statement on the
volume or set quantity, of district heating or of digital
trader’s website. In those cases the trader shall communicate to
content which is not supplied on a tangible medium, the
the consumer an acknowledgement of receipt of such a with
day of the conclusion of the contract.
drawal on a durable medium without delay.
3. The
Member
States
shall
not
prohibit
the
contracting 4. The burden of proof of exercising the right of withdrawal
parties from performing their contractual obligations during
in accordance with this Article shall be on the consumer.

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Union L
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Article 12
In the case of off-premises contracts where the goods have been
delivered to the consumer’s home at the time of the conclusion
Effects of withdrawal
of the contract, the trader shall at his own expense collect the
The exercise of the right of withdrawal shall terminate the
goods if, by their nature, those goods cannot normally be
obligations of the parties:
returned by post.
(a) to perform the distance or off-premises contract; or
2. The consumer shall only be liable for any diminished
value of the goods resulting from the handling of the goods
other than what is necessary to establish the nature, char
acteristics and functioning of the goods. The consumer shall
(b) to conclude the distance or off-premises contract, in cases
in any event not be liable for diminished value of the goods
where an offer was made by the consumer.
where the trader has failed to provide notice of the right of
withdrawal in accordance with point (h) of Article 6(1).
Article 13
Obligations of the trader in the event of withdrawal
3. Where
a
consumer
exercises
the
right
of
withdrawal
after
having made a request in accordance with Article 7(3) or
1. The
trader
shall
reimburse
all
payments
received
from
the Article 8(8), the consumer shall pay to the trader an amount
consumer, including, if applicable, the costs of delivery without
which is in proportion to what has been provided until the time
undue delay and in any event not later than 14 days from the
the consumer has informed the trader of the exercise of the
day on which he is informed of the consumer’s decision to
right of withdrawal, in comparison with the full coverage of the
withdraw from the contract in accordance with Article 11.
contract. The proportionate amount to be paid by the consumer
to the trader shall be calculated on the basis of the total price
agreed in the contract. If the total price is excessive, the propor
The trader shall carry out the reimbursement referred to in the
tionate amount shall be calculated on the basis of the market
first subparagraph using the same means of payment as the
value of what has been provided.
consumer used for the initial transaction, unless the consumer
has expressly agreed otherwise and provided that the consumer
does not incur any fees as a result of such reimbursement.
4. The
consumer
shall
bear
no
cost
for:
2. Notwithstanding
paragraph
1,
the
trader
shall
not
be
(a) the performance of services or the supply of water, gas or
required to reimburse the supplementary costs, if the
electricity, where they are not put up for sale in a limited
consumer has expressly opted for a type of delivery other
volume or set quantity, or of district heating, in full or in
than the least expensive type of standard delivery offered by
part, during the withdrawal period, where:
the trader.
(i) the trader has failed to provide information in
3. Unless
the
trader
has
offered
to
collect
the
goods
himself,
accordance with points (h) or (j) of Article 6(1); or
with regard to sales contracts, the trader may withhold the
reimbursement until he has received the goods back, or until
the consumer has supplied evidence of having sent back the
(ii) the consumer has not expressly requested performance
goods, whichever is the earliest.
to begin during the withdrawal period in accordance
with Article 7(3) and Article 8(8); or
Article 14
Obligations of the consumer in the event of withdrawal
(b) the supply, in full or in part, of digital content which is not
supplied on a tangible medium where:
1. Unless
the
trader
has
offered
to
collect
the
goods
himself,
the consumer shall send back the goods or hand them over to
the trader or to a person authorised by the trader to receive the
goods, without undue delay and in any event not later than 14
(i) the consumer has not given his prior express consent
days from the day on which he has communicated his decision
to the beginning of the performance before the end of
to withdraw from the contract to the trader in accordance with
the 14-day period referred to in Article 9;
Article 11. The deadline shall be met if the consumer sends
back the goods before the period of 14 days has expired.
(ii) the consumer has not acknowledged that he loses his
right of withdrawal when giving his consent; or
The consumer shall only bear the direct cost of returning the
goods unless the trader has agreed to bear them or the trader
failed to inform the consumer that the consumer has to bear
(iii) the trader has failed to provide confirmation in
them.
accordance with Article 7(2) or Article 8(7).

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5. Except
as
provided
for
in
Article
13(2)
and
in
this
Article, (g) the supply of alcoholic beverages, the price of which has
the consumer shall not incur any liability as a consequence of
been agreed upon at the time of the conclusion of the sales
the exercise of the right of withdrawal.
contract, the delivery of which can only take place after 30
days and the actual value of which is dependent on fluc
tuations in the market which cannot be controlled by the
trader;
Article 15
Effects of the exercise of the right of withdrawal on
ancillary contracts
(h) contracts where the consumer has specifically requested a
1. Without
prejudice
to
Article
15
of
Directive
2008/48/EC
visit from the trader for the purpose of carrying out urgent
of the European Parliament and of the Council of 23 April
repairs or maintenance. If, on the occasion of such visit, the
2008 on credit agreements for consumers ( 1 ), if the consumer
trader provides services in addition to those specifically
exercises his right of withdrawal from a distance or an off-
requested by the consumer or goods other than
premises contract in accordance with Articles 9 to 14 of this
replacement parts necessarily used in carrying out the
Directive, any ancillary contracts shall be automatically
maintenance or in making the repairs, the right of with
terminated, without any costs for the consumer, except as
drawal shall apply to those additional services or goods;
provided for in Article 13(2) and in Article 14 of this Directive.
2. The
Member
States
shall
lay
down
detailed
rules
on
the (i) the supply of sealed audio or sealed video recordings or
termination of such contracts.
sealed computer software which were unsealed after
delivery;
Article 16
(j) the
supply
of
a
newspaper,
periodical
or
magazine
with
the
Exceptions from the right of withdrawal
exception of subscription contracts for the supply of such
Member States shall not provide for the right of withdrawal set
publications;
out in Articles 9 to 15 in respect of distance and off-premises
contracts as regards the following:
(k) contracts concluded at a public auction;
(a) service contracts after the service has been fully performed
if the performance has begun with the consumer’s prior
express consent, and with the acknowledgement that he
(l) the
provision
of
accommodation
other
than
for
residential
will lose his right of withdrawal once the contract has
purpose, transport of goods, car rental services, catering or
been fully performed by the trader;
services related to leisure activities if the contract provides
for a specific date or period of performance;
(b) the supply of goods or services for which the price is
dependent on fluctuations in the financial market which
(m) the supply of digital content which is not supplied on a
cannot be controlled by the trader and which may occur
tangible medium if the performance has begun with the
within the withdrawal period;
consumer’s prior express consent and his acknowledgment
that he thereby loses his right of withdrawal.
(c) the supply of goods made to the consumer’s specifications
or clearly personalised;
CHAPTER IV
OTHER CONSUMER RIGHTS
(d) the supply of goods which are liable to deteriorate or
Article 17
expire rapidly;
Scope
1. Articles 18 and 20 shall apply to sales contracts. Those
(e) the supply of sealed goods which are not suitable for return
Articles shall not apply to contracts for the supply of water, gas
due to health protection or hygiene reasons and were
or electricity, where they are not put up for sale in a limited
unsealed after delivery;
volume or set quantity, of district heating or the supply of
digital content which is not supplied on a tangible medium.
(f) the
supply
of
goods
which
are,
after
delivery,
according
to
their nature, inseparably mixed with other items;
2. Articles 19, 21 and 22 shall apply to sales and service
contracts and to contracts for the supply of water, gas, elec
( 1 ) OJ L 133, 22.5.2008, p. 66.
tricity, district heating or digital content.

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Union L
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Article 18
Article 21
Delivery
Communication by telephone
1. Unless
the
parties
have
agreed
otherwise
on
the
time
of Member States shall ensure that where the trader operates a
delivery, the trader shall deliver the goods by transferring the
telephone line for the purpose of contacting him by
physical possession or control of the goods to the consumer
telephone in relation to the contract concluded, the consumer,
without undue delay, but not later than 30 days from the
when contacting the trader is not bound to pay more than the
conclusion of the contract.
basic rate.
The first subparagraph shall be without prejudice to the right of
2. Where
the
trader
has
failed
to
fulfil
his
obligation
to telecommunication services providers to charge for such calls.
deliver the goods at the time agreed upon with the consumer
or within the time limit set out in paragraph 1, the consumer
shall call upon him to make the delivery within an additional
Article 22
period of time appropriate to the circumstances. If the trader
fails to deliver the goods within that additional period of time,
Additional payments
the consumer shall be entitled to terminate the contract.
Before the consumer is bound by the contract or offer, the
trader shall seek the express consent of the consumer to any
extra payment in addition to the remuneration agreed upon for
The first subparagraph shall not be applicable to sales contracts
the trader’s main contractual obligation. If the trader has not
where the trader has refused to deliver the goods or where
obtained the consumer’s express consent but has inferred it by
delivery within the agreed delivery period is essential taking
using default options which the consumer is required to reject
into account all the circumstances attending the conclusion of
in order to avoid the additional payment, the consumer shall be
the contract or where the consumer informs the trader, prior to
entitled to reimbursement of this payment.
the conclusion of the contract, that delivery by or on a specified
date is essential. In those cases, if the trader fails to deliver the
goods at the time agreed upon with the consumer or within the
CHAPTER V
time limit set out in paragraph 1, the consumer shall be entitled
GENERAL PROVISIONS
to terminate the contract immediately.
Article 23
Enforcement
3. Upon
termination
of
the
contract,
the
trader
shall,
without 1. Member
States
shall
ensure
that
adequate
and
effective
undue delay, reimburse all sums paid under the contract.
means exist to ensure compliance with this Directive.
2. The
means
referred
to
in
paragraph
1
shall
include
4. In
addition
to
the
termination
of
the
contract
in provisions whereby one or more of the following bodies, as
accordance with paragraph 2, the consumer may have
determined by national law, may take action under national
recourse to other remedies provided for by national law.
law before the courts or before the competent administrative
bodies to ensure that the national provisions transposing this
Directive are applied:
Article 19
Fees for the use of means of payment
(a) public bodies or their representatives;
Member States shall prohibit traders from charging consumers,
in respect of the use of a given means of payment, fees that
exceed the cost borne by the trader for the use of such means.
(b) consumer organisations having a legitimate interest in
protecting consumers;
Article 20
(c) professional organisations having a legitimate interest in
acting.
Passing of risk
In contracts where the trader dispatches the goods to the
consumer, the risk of loss of or damage to the goods shall
Article 24
pass to the consumer when he or a third party indicated by
Penalties
the consumer and other than the carrier has acquired the
physical possession of the goods. However, the risk shall pass
1. Member
States
shall
lay
down
the
rules
on
penalties
to the consumer upon delivery to the carrier if the carrier was
applicable to infringements of the national provisions adopted
commissioned by the consumer to carry the goods and that
pursuant to this Directive and shall take all measures necessary
choice was not offered by the trader, without prejudice to the
to ensure that they are implemented. The penalties provided for
rights of the consumer against the carrier.
must be effective, proportionate and dissuasive.

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2. Member
States
shall
notify
those
provisions
to
the reference on the occasion of their official publication. Member
Commission by 13 December 2013 and shall notify it
States shall determine how such reference is to be made.
without delay of any subsequent amendment affecting them.
2. The
provisions
of
this
Directive
shall
apply
to
contracts
Article 25
concluded after 13 June 2014.
Imperative nature of the Directive
If the law applicable to the contract is the law of a Member
Article 29
State, consumers may not waive the rights conferred on them
by the national measures transposing this Directive.
Reporting requirements
1. Where a Member State makes use of any of the regulatory
choices referred to in Article 3(4), Article 6(7), Article 6(8),
Article 7(4), Article 8(6) and Article 9(3), it shall inform the
Any contractual terms which directly or indirectly waive or
Commission thereof by 13 December 2013, as well as of any
restrict the rights resulting from this Directive shall not be
subsequent changes.
binding on the consumer.
2. The
Commission
shall
ensure
that
the
information
Article 26
referred to in paragraph 1 is easily accessible to consumers
Information
and traders, inter alia, on a dedicated website.
Member States shall take appropriate measures to inform
consumers and traders of the national provisions transposing
this Directive and shall, where appropriate, encourage traders
3. The
Commission
shall
forward
the
information
referred
to
and code owners as defined in point (g) of Article 2 of Directive
in paragraph 1 to the other Member States and the European
2005/29/EC, to inform consumers of their codes of conduct.
Parliament. The Commission shall consult stakeholders on that
information.
Article 27
Article 30
Inertia selling
Reporting by the Commission and review
The consumer shall be exempted from the obligation to provide
any consideration in cases of unsolicited supply of goods, water,
By 13 December 2016, the Commission shall submit a report
gas, electricity, district heating or digital content or unsolicited
on the application of this Directive to the European Parliament
provision of services, prohibited by Article 5(5) and point 29 of
and the Council. That report shall include in particular an
Annex I to Directive 2005/29/EC. In such cases, the absence of
evaluation of the provisions of this Directive regarding digital
a response from the consumer following such an unsolicited
content including the right of withdrawal. The report shall be
supply or provision shall not constitute consent.
accompanied, where necessary, by legislative proposals to adapt
this Directive to developments in the field of consumer rights.
Article 28
CHAPTER VI
Transposition
FINAL PROVISIONS
1. Member
States
shall
adopt
and
publish,
by
13
December
Article 31
2013, the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
Repeals
communicate to the Commission the text of these measures in
Directive 85/577/EEC and Directive 97/7/EC, as amended by
the form of documents. The Commission shall make use of
Directive 2002/65/EC of the European Parliament and of the
these documents for the purposes of the report referred to in
Council of 23 September 2002 concerning the distance
Article 30.
marketing of consumer financial services ( 1 ) and by Directives
2005/29/EC and 2007/64/EC, are repealed as of 13 June 2014.
They shall apply those measures from 13 June 2014.
References to the repealed Directives shall be construed as
references to this Directive and shall be read in accordance
with the correlation table set out in Annex II.
When Member States adopt those measures, they shall contain a
reference to this Directive or be accompanied by such a
( 1 ) OJ L 271, 9.10.2002, p. 16.

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Union L
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Article 32
those provided for in Article 5(1) to (3) and in Article 7(1), it
shall inform the Commission thereof, as well as of any
Amendment to Directive 93/13/EEC
subsequent changes.
In Directive 93/13/EEC, the following Article is inserted:
‘Article 8a
2. The
Commission
shall
ensure
that
the
information
1. Where
a
Member
State
adopts
provisions
in
accordance
referred to in paragraph 1 is easily accessible to consumers
with Article 8, it shall inform the Commission thereof, as
and traders, inter alia, on a dedicated website.
well as of any subsequent changes, in particular where those
provisions:
3. The
Commission
shall
forward
the
information
referred
— extend the unfairness assessment to individually
to in paragraph 1 to the other Member States and the
negotiated contractual terms or to the adequacy of the
European Parliament. The Commission shall consult stake
price or remuneration; or,
holders on that information.’
— contain lists of contractual terms which shall be
considered as unfair,
Article 34
Entry into force
2. The
Commission
shall
ensure
that
the
information This Directive shall enter into force on the 20th day following
referred to in paragraph 1 is easily accessible to consumers
its publication in the Official Journal of the European Union.
and traders, inter alia, on a dedicated website.
3. The
Commission
shall
forward
the
information
referred
Article 35
to in paragraph 1 to the other Member States and the
European Parliament. The Commission shall consult stake
Addressees
holders on that information.’
This Directive is addressed to the Member States.
Article 33
Amendment to Directive 1999/44/EC
Done at Strasbourg, 25 October 2011.
In Directive 1999/44/EC, the following Article is inserted:
‘Article 8a
Reporting requirements
For the European Parliament
For the Council
1. Where,
in
accordance
with
Article
8(2),
a
Member
State
The President
The President
adopts more stringent consumer protection provisions than
J. BUZEK
M. DOWGIELEWICZ

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L 304/84
EN
Official Journal of the European Union
22.11.2011
ANNEX I
Information concerning the exercise of the right of withdrawal
A. Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day 1 .
To exercise the right of withdrawal, you must inform us ( 2 ) of your decision to withdraw from this contract by an
unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it
is not obligatory. 3
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the
right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of
delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the
least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from
the day on which we are informed about your decision to withdraw from this contract. We will carry out such
reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 4
5
6
Instructions for completion:
1. Insert one of the following texts between inverted commas:
(a) in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not put up
for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a
tangible medium: ‘of the conclusion of the contract.’;
(b) in the case of a sales contract: ‘on which you acquire, or a third party other than the carrier and indicated by you
acquires, physical possession of the goods.’;
(c) in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered
separately: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires,
physical possession of the last good.’;
(d) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: ‘on which you acquire,
or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.’;
(e) in the case of a contract for regular delivery of goods during a defined period of time: ‘on which you acquire, or a
third party other than the carrier and indicated by you acquires, physical possession of the first good.’.
2. Insert your name, geographical address and, where available, your telephone number, fax number and e-mail address.
3. If you give the option to the consumer to electronically fill in and submit information about his withdrawal from the
contract on your website, insert the following: ‘You can also electronically fill in and submit the model withdrawal
form or any other unequivocal statement on our website [insert Internet address]. If you use this option, we will
communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail)
without delay.’.
4. In the case of sales contracts in which you have not offered to collect the goods in the event of withdrawal insert the
following: ‘We may withhold reimbursement until we have received the goods back or you have supplied evidence of
having sent back the goods, whichever is the earliest.’.

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EN
22.11.2011 Official
Journal
of
the
European
Union L
304/85
5. If the consumer has received goods in connection with the contract:
(a) insert:
— ‘We will collect the goods.’; or,
— ‘You shall send back the goods or hand them over to us or … [insert the name and geographical address,
where applicable, of the person authorised by you to receive the goods], without undue delay and in any
event not later than 14 days from the day on which you communicate your withdrawal from this contract to
us. The deadline is met if you send back the goods before the period of 14 days has expired.’
(b) insert:
— ‘We will bear the cost of returning the goods.’,
— ‘You will have to bear the direct cost of returning the goods.’,
— If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their
nature, cannot normally be returned by post: ‘You will have to bear the direct cost of returning the goods,
… EUR [insert the amount].’; or if the cost of returning the goods cannot reasonably be calculated in advance:
‘You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of
approximately … EUR [insert the amount].’; or
— If, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been
delivered to the consumer’s home at the time of the conclusion of the contract: ‘We will collect the goods at
our own expense.’; and,
(c) insert ‘You are only liable for any diminished value of the goods resulting from the handling other than what is
necessary to establish the nature, characteristics and functioning of the goods.’
6. In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not put
up for sale in a limited volume or set quantity, or of district heating, insert the following: ‘If you requested to begin
the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during
the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have
communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.’.
B. Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be
inserted by the trader]:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the
provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
(*) Delete as appropriate.

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L 304/86
EN
Official Journal of the European Union
22.11.2011
ANNEX II
Correlation table
Directive 85/577/EEC Directive
97/7/EC This
Directive
Article 1 Article
3
read
in
conjunction
with
Article 2, points 8 and 9, and
Article 16, point (h)
Article 1 Article
1
read
in
conjunction
with
Article 2, point 7
Article 2 Article
2,
points
1
and
2
Article 2, point 1 Article
2,
point
7
Article 2, point 2 Article
2,
point
1
Article 2, point 3 Article
2,
point
2
Article 2, point 4, first sentence Article
2,
point
7
Article 2, point 4, second sentence
—
Article 2, point 5
—
Article 3(1) Article
3(4)
Article 3(2), point (a) Article
3(3),
points
(e)
and
(f)
Article 3(2), point (b) Article
3(3),
point
(j)
Article 3(2), point (c)
—
Article 3(2), point (d) Article
3(3),
point
(d)
Article 3(2), point (e) Article
3(3),
point
(d)
Article 3(3)
—
Article 3(1), first indent Article
3(3),
point
(d)
Article 3(1), second indent Article
3(3),
point
(l)
Article 3(1), third indent Article
3(3),
point
(m)
Article 3(1), fourth indent Article
3(3),
points
(e)
and
(f)
Article 3(1), fifth indent
Article 6(3) and Article 16, point (k)
read in conjunction with Article 2,
point 13
Article 3(2), first indent Article
3(3),
point
(j)
Article 3(2), second indent Article
3(3),
point
(f)
(for
rental
of
accommodation for residential
purposes), point (g) (for package
travel), point (h) (for timeshare), point
(k) (for passenger transport with some
exceptions) and Article 16, point (l)
(exemption from the right of with
drawal)
Article 4, first sentence Article
6(1),
points
(b),
(c)
and
(h),
and
Article 7(1) and (2)
Article 4, second sentence Article
6(1),
point
a
and
Article
7(1)
Article 4, third sentence Article
6(1)
Article 4, fourth sentence Article
10
Article 4(1), point (a) Article
6(1),
points
(b)
and
(c)
Article 4(1), point (b) Article
6(1),
point
(a)

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EN
22.11.2011 Official
Journal
of
the
European
Union L
304/87
Directive 85/577/EEC Directive
97/7/EC This
Directive
Article 4(1), point (c) Article
6(1),
point
(e)
Article 4(1), point (d) Article
6(1),
point
(e)
Article 4(1), point (e) Article
6(1),
point
(g)
Article 4(1), point (f) Article
6(1),
point
(h)
Article 4(1), point (g) Article
6(1),
point
(f)
Article 4(1), point (h)
—
Article 4(1), point (i) Article
6(1),
points
(o)
and
(p)
Article 4(2) Article
6(1)
read
in
conjunction
with
Article 8(1), (2) and (4)
Article 4(3) Article
8(5)
Article 5(1) Article
8(7)
Article 5(2) Article
3(3),
point
m
Article 6(1)
Article 9(1) and (2), Article 10,
Article 13(2), Article 14
Article 6(2)
Article 13 and Article 14(1), second
and third subparagraphs
Article 6(3), first indent Article
16,
point
(a)
Article 6(3), second indent Article
16,
point
(b)
Article 6(3), third indent Article
16,
point
(c)
and
(d)
Article 6(3), fourth indent Article
16,
point
(i)
Article 6(3), fifth indent Article
16,
point
(j)
Article 6(3), sixth indent Article
3(3),
point
(c)
Article 6(4) Article
15
Article 7(1) Article
18(1)
(for
sales
contracts)
Article 7(2) Article
18(2),
(3)
and
(4)
Article 7(3)
—
Article 8
—
Article 9 Article
27
Article 10 —
(but see Article 13 of Directive
2002/58/EC)
Article 11(1) Article
23(1)
Article 11(2) Article
23(2)
Article 11(3), point (a) Article
6(9)
for
the
burden
of
proof
concerning pre-contractual
information; for the rest: –
Article 11(3), point (b) Article
24(1)
Article 11(4)
—
Article 12(1) Article
25
Article 12(2)
—
Article 13 Article
3(2)
Article 14 Article
4

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L 304/88
EN
Official Journal of the European Union
22.11.2011
Directive 85/577/EEC Directive
97/7/EC This
Directive
Article 15(1) Article
28(1)
Article 15(2) Article
28(1)
Article 15(3) Article
28(1)
Article 15(4) Article
30
Article 16 Article
26
Article 17
—
Article 18 Article
34
Article 19 Article
35
Article 5(1) Articles
9
and
11
Article 5(2) Article
12
Article 6 Article
25
Article 7 Articles
13,
14
and
15
Article 8 Article
4
Annex to Regulation (EC) No 2006/2004 of the European
Parliament and of the Council of 27 October 2004 on cooperation
between national authorities responsible for the enforcement of
To be construed as a reference to
consumer protection laws (the Regulation on consumer protection
cooperation) ( 1 )
Paragraphs 2 and 11 This
Directive
( 1 ) OJ L 364, 9.12.2004, p. 1.

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