- Latest available (Revised)
- Point in Time (12/06/2005)
- Original (As adopted by EU)
Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (repealed)
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Version Superseded: 13/06/2014
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1.For any distance contract the consumer shall have a period of at least seven working days in which to withdraw from the contract without penalty and without giving any reason. The only charge that may be made to the consumer because of the exercise of his right of withdrawal is the direct cost of returning the goods.
The period for exercise of this right shall begin:
in the case of goods, from the day of receipt by the consumer where the obligations laid down in Article 5 have been fulfilled,
in the case of services, from the day of conclusion of the contract or from the day on which the obligations laid down in Article 5 were fulfilled if they are fulfilled after conclusion of the contract, provided that this period does not exceed the three-month period referred to in the following subparagraph.
If the supplier has failed to fulfil the obligations laid down in Article 5, the period shall be three months. The period shall begin:
in the case of goods, from the day of receipt by the consumer,
in the case of services, from the day of conclusion of the contract.
If the information referred to in Article 5 is supplied within this three-month period, the seven working day period referred to in the first subparagraph shall begin as from that moment.
2.Where the right of withdrawal has been exercised by the consumer pursuant to this Article, the supplier shall be obliged to reimburse the sums paid by the consumer free of charge. The only charge that may be made to the consumer because of the exercise of his right of withdrawal is the direct cost of returning the goods. Such reimbursement must be carried out as soon as possible and in any case within 30 days.
3.Unless the parties have agreed otherwise, the consumer may not exercise the right of withdrawal provided for in paragraph 1 in respect of contracts:
for the provision of services if performance has begun, with the consumer's agreement, before the end of the seven working day period referred to in paragraph 1,
for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier,
for the supply of goods made to the consumer's specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly,
for the supply of audio or video recordings or computer software which were unsealed by the consumer,
for the supply of newspapers, periodicals and magazines,
for gaming and lottery services.
4.The Member States shall make provision in their legislation to ensure that:
if the price of goods or services is fully or partly covered by credit granted by the supplier, or
if that price is fully or partly covered by credit granted to the consumer by a third party on the basis of an agreement between the third party and the supplier,
the credit agreement shall be cancelled, without any penalty, if the consumer exercises his right to withdraw from the contract in accordance with paragraph 1.
Member States shall determine the detailed rules for cancellation of the credit agreement.
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