Protection of consumers: distance contracts
1992/0411(COD)
In adopting the report by Mrs Ria OOMEN-RUIJTEN (PPE, NL), the European Parliament
amended the common position of the Council as follows:
- the scope of the directive includes contracts concluded for the construction and sale of
immovable property (except for rental), but excludes contracts relating to financial services;
- prior to conclusion of the contract, the consumer must be supplied with the identity and address
of the supplier;
- the consumer should 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 costs payable would be the
direct charges;
- where the right of withdrawal has been exercised, the consumer should be reimbursed within
thirty days;
- in the case of contracts of an indefinite duration concerning the supply of services or products
to be performed permanently or recurrently, the conditions under which the contract can be
annulled must be clearly indicated;
- the prior consent of consumers is necessary before they can be approached by telephone: in such
cases, suppliers must disclose their identity and state their intentions at the beginning of each
telephone conversation;
- Member States must take the necessary measures effectively to protect those consumers who
have indicated that they do not wish to be solicited against such soliciting;
- consumers must be informed of the provisions of this directive and of the existence of the codes
of practice in this field;
- an effective scheme to deal with cross-border complaints should be set up;
- the Member States shall have two years to implement the provisions of the directive. Within
a period of four years the Commission must present a report on the implementation of this
directive and on any relevant new proposal.
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