An EU-wide right for consumers to change their minds about purchase decisions within two weeks and clearer pricing rules for internet sales were provisionally agreed by MEPs and Council representatives. These changes are to be incorporated in a new EU directive to improve consumer protection, especially in internet sales, and clarify rules for businesses. More safety for consumers shopping on line and common rules for businesses – these are the headlines of the political agreement between the Parliament and the Council on the Consumer Rights Directive”, commented Parliament’s rapporteur Andreas Schwab.
What the new rules will mean
• 14 days to change your mind
The new rules will stipulate a 14-day EU-wide withdrawal period for distance and off-premises sales (i.e. those in which the consumer cannot see the good before buying it), during which consumers may change their minds. If they regret the purchase, for whatever reason, they may return it. The price paid by the consumer for the good must be refunded within 14 days of the withdrawal. This is a major step forward for consumer rights. Digital goods, such as music, films or software programmes, will be exempted from the right of withdrawal. The sale will be regarded as concluded from the moment downloading begins.
• Delivery and responsibility for the parcel
Under the new rules, any good ordered at a distance must be delivered to the buyer within 30 days, otherwise the consumer will have the right to cancel the purchase. The trader is responsible for any damage or loss of the good during delivery.
• The right to make informed choices
It should be clear to consumers from whom they are buying, exactly what they are buying and how much it will cost when shopping online or ordering from a catalogue. The identity and address of the seller must always be clear.
The new information rights will also put an end to hidden charges, such as those associated with the „pre-ticked boxes” sometimes used in internet sales. In addition, the buyer will have to knowingly accept the total price before a sale is concluded.
• No extra red tape for small firms and tradesmen
To avoid creating administrative burdens for the local grocer or the workman doing home repairs, „day-to-day transactions” where the good is delivered „immediately” will be exempted from the information rules. If a consumer calls a tradesman to deliver a service at his home, such as replacing a broken window with a new pane, at a cost of less than €200, the information need not be in writing, but may be delivered orally.For urgent repairs, such as a burst water pipe, a right of withdrawal is considered inappropriate and will thus not apply.
The Council still needs to give its green light, but Parliament’s negotiators hope to receive its final confirmation by Thursday 9 June. The deal will then need to be formally approved by Parliament in a plenary vote and by the Council. Parliament is expected to vote on the agreement at its June II or July plenary session.
Information from: http://www.europarl.europa.eu/en/pressroom/content/20110607IPR20822/html/Breakthrough-in-consumer-rights-negotiations
Committee: Internal Market and Consumer Protection
Date: June 7 2011
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