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Online purchases, a decalogue of guarantees


PRESS RELEASE


PRESS RELEASE


ONLINE PURCHASES, A DECALOGUE OF GUARANTEES – While the campaign of the Antitrust and the European Commission continues on the RAI channels, for the sake of protecting consumers’ rights, with the spot already hosted on the last few days even by the main national news sites, the Competition and Market Guarantor Authority brings back attention to the Decalogue of Guarantees for online purchases. The following are, in a nutshell, the main points of the text, as fully reproduced in the link: 1) A stop to hidden expenses and costs on the Internet; 2) Better transparency on the prices; 3) A ban on pre-ticked boxes on websites; 4) A 14 day period to change idea on a purchase; 5) Greater rights to a refund; 6) Introduction of a standard withdrawal module throughout the European Union ; 7) Elimination of surcharges for using credit cards and telephone assistance; 8) Clearer information on the costs of restitution of goods; 9) More protections to consumers on digital purchases; 10) More protections and common norms for businesses as well.

The new European legislation headed “Consumer Rights” captures many aspects of the daily life of millions of people. In particular, the part of the Consumer Code dealing with negotiated contracts, both inside and outside commercial outlets, the new system of penalties, and the “accelerated” refund regulations of the right of withdrawal, have been replaced in full. The directive, which came into force in June, introduces new pre-contractual information obligations as well. The consumer must receive information concerning the vendor (including a telephone number or an e-mail address or another channel ensuring a rapid contact), the purchased good, the terms of payment, the legal warranty and the right of withdrawal in the event of contracts concluded at a distance and contracts negotiated outside commercial outlets.

The most important new development, as far as the purchaser is concerned, concerns the right to think over the deal in respect of contracts concluded at a distance and outside commercial outlets: the consumer is entitled, whenever he believes that the purchased good does not satisfy him or lacks the characteristics requested, to withdraw from the contract without having to provide any justification to the vendor, within a broader time limit than the former one of 10 to 14 days. Moreover, in the scenario where the consumer has not been notified in advance of the right to reconsider the deal, the right of withdrawal is extended by a further twelve months to an overall period of 1 year and 14 days. In the event of withdrawal, the vendor will have lesser days (from the former 30 to the current 14 days) to refund the sums paid by the consumer. The latter, by contrast, will have more time - 14 instead of 10 days – to make restitution of the good. In addition, the vendor will henceforth be deemed liable for the possible damage to or loss of the good until the same is materially delivered to the purchaser. Likewise, new rules on contracts concluded at a distance (e.g. over the phone) and outside commercial outlets have been triggered off: the vendor is now always obliged to make the consumer confirm the offer in writing.

The contents of the “Consumer Rights” legislation are summarized in the spot run by the European Commission in partnership with the Antitrust’s External Relations Management, which is available at http://youtu.be/amq_ltZSwl8 www.agcm.it e www.ec.europa.eu/italy.


Rome, 30 december 2014