Belgrade, 29-30 March 2011 LIENA ZEMITE, Ministry of Economics Internal Market Department Directive 1997/7/EC of the European Parliament.

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Presentation transcript:

Belgrade, March 2011 LIENA ZEMITE, Ministry of Economics Internal Market Department Directive 1997/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts Case study 4 –Distance selling

Distance selling agreement/ Situation 1 Is this a distance selling agreement? - A toy purchased from vending machine - A painting bought at an auction

Right to withdraw/ Situation 2 Sofija on the television sees an advertisment of chairs which have the same colour as sofa in her apartment and she decides to buy them. She orders the chairs, but after delivery she notices, that the colour of chairs does not match to the colour of sofa.

Right to withdraw/ Situation 3 Mr Janic decides to buy a new mobile phone via Internet together with an agreement on mobile phone services for duration of 1 year. Mr Janic makes payment electronically with his credit card. He receives the phone by post on the next day together with a notice of withdrawal. After 10 days Mr Janic receives all necessary information regarding mobile phone service. On the same day Mr Janic sees on a television programm that the company has bad reputation and he decides to cancel agreement. The company refuses to cancel agreement because there have been passed more than 7 days from the day of delivery of the phone and the provision of services has already started from the day of making the order.

Right to withdraw/ Situation 4 Mr Lazic orders a new oven on-line. After removing of packaging he notices that there is a crack in the oven door. Mr Lazic immediately contacts the company and he is told that he should return the item and pay the costs for returning the item.

Distance selling/Situation 5 You recieve a letter from a company declaring that you may go to the post office and recieve the goods, that you have ordered from the catalogue. You are very surprised, because you have not ordered any goods from the company. What are your rights?

Distance selling/Situation 6 You plan to go to masquerade on 14th of March. Therefore, on 12th of February you order a costume of clown from a catalogue and inform the seller that you need to recieve the costume latest until 14th of March. Unfortunately, the costume is delivered only on 18th of March and you are compelled to buy another costume. - What are your rights?

Distance selling/Situation 7 Company X organizes different out-door activities like climbing, canoeing, winter sport activities etc. Company’s X home page states: “We reserve right to change our routes due to adverse weather conditions”. Dijana makes reservation online to a canoeing event. She receives confirmation from Company X, where all the necessary information is given. After three weeks, two days before the event, Company X informs Dijana that the route must be changed because of river sinking. Company X offers another route which is 3 hours journey from the initally planned river and Company X undertakes to organize transportation. Dijana does not agree with the offer and wants to get back her money but Company X refuses.

Thank you for your attention!