Government Decree on Distance Contracts
17/1999. (II.5) Government decree
on distance contracts
The Government ratified the 1997 CLV Act on Consumer Protection. on the basis of the authorization provided for in Section 55 (e)
Article 1 (1) The scope of the Regulation shall extend to a contract concluded by a consumer and an undertaking in the context of a business-operated teleshopping system for the supply of a product or service in such a way that, in order to conclude a contract, distance contracts).
2. A regulation may be applied where a separate act does not provide for a contract other than that covered by the regulation.
3. The scope of this Regulation shall not apply to:
(a) contracts for financial sector services regulated by the Act on Financial Services Agreement concluded in the framework of teleshopping;
(b) sale from a vending machine;
c) a contract with the electronic communications service provider using a public telephone exchange;
d) the construction contract;
(e) contracts for the acquisition of immovable property or other property rights, except for the lease;
f) the contract concluded with the auction.
(4) It shall not apply to the provisions of paragraphs 2 to 6. § 7 and Section 7 (1)
(a) contracts for regular home delivery of foodstuffs and other everyday consumer products, and
(b) contracts for the supply, supply, catering or leisure services of accommodation under which the undertaking provides those services at a specified time or in a specified period.
5. For the purposes of this Regulation, "telecommunications means" means any means capable of making a contract declaration in the absence of parties, in order to conclude a contract. Such a device is in particular a recipient or addressed form, a standard letter, an advertisement published with a purchase order, a catalog, a telephone, an automatic caller, a radio, a videophone, a videotex (microcomputer with a screen) or a touchscreen, mail), telecoms (telecoms) and television.
Section 2 (1) The undertaking is obliged to inform the consumer in due time before the conclusion of the contract:
(a) the business name (s) and address (domicile or domicile) of the undertaking in an appropriate manner;
(b) the essential characteristics of the subject of the contract;
(c) the price and / or charge of the product or service including all sales taxes and other charges, as well as any additional costs, including freight, delivery or postage;
(d) other terms of payment, delivery or performance;
e) the right of withdrawal (Sections 4 and 5);
(f) the fee for the use of the telecommunications device if it is determined differently from the basic fee;
(g) the duration of the undertaking's bid;
(h) the shortest duration of the contract in the event of a continuous or repeated performance of the contract.
2. An undertaking shall comply with the obligation to provide information in accordance with paragraph 1 in a manner that is clear, comprehensible and accurate, in accordance with the means of telecommunication used.
(3) If the undertaking makes a contract to the consumer by telephone by telephone, at least at the beginning of the telephone conversation, he / she must notify at least his company name (s), his seat (domicile) and telephone number, and the customer's attention to his / her intention to contract.
Article 3 (1) An undertaking is obliged to provide the consumer with information in writing, on paper or on a durable medium accessible to the consumer, in accordance with Article 2 (1) (a) to (e). If this obligation has not been fulfilled prior to the conclusion of the contract, this written confirmation shall be made available to the consumer at the latest at the time of performance of the contract in due time but, unless the performance is effected for third parties.
(2) The written confirmation referred to in paragraph 1 shall contain, in addition to the provisions of § 2 (1) (a) to (e), the following:
(a) the conditions, the manner and the consequences of the exercise of the right of withdrawal pursuant to § 4, including the provisions of Paragraphs 4 (5), 6 and 7 (3), and in cases where the consumer is not entitled to the right of withdrawal under Section 5;
(b) the address of the establishment (s) or other organizational unit of the undertaking in which the consumer may lodge complaints;
c) the terms of any warranties and the additional services (part supply, repair service) after completion;
(d) the possibility of terminating the contract if it is for an indefinite period or has a duration of more than one year.
3. Paragraphs 1 to 2 shall not apply to a service provided on a single occasion through a means of distance communication for the payment of the fee to the operator of the telecommunications operator. However, in such cases, the consumer shall also be informed of the address specified in paragraph 2 (b) of the undertaking.
(4) For the purposes of this Section, a durable medium is a device that allows the consumer to permanently store the data to which it is intended for a period of time sufficient for the purpose of the data and to display stored data in unchanged form and content.
Section 4 (1) The consumer may withdraw from the contract within eight working days without reason.
(2) Right of withdrawal by the consumer pursuant to paragraph 1
(a) in the case of a contract for the sale of a product, from the date of receipt of the product if it has not received the written confirmation in accordance with Paragraph 3 until the expiry of eight working days from the date of receipt thereof, but not later than three months after the date of receipt of the product,
b) in the case of a contract for the provision of a service, from the date of the contract until the date of receipt of the written confirmation pursuant to § 3, up to eight working days from the date of receipt thereof, but no more than three months after the date of the contract
(3) If, in the case referred to in paragraph 2 (a), the receipt of the written confirmation referred to in Section 3 is received within three months from the date of receipt of the product or in the case referred to in paragraph 2 (b) up to eight working days from that date, the consumer may also be terminated if less than eight business days have elapsed from the receipt of the product or three months from the date of conclusion of the contract.
(4) When canceled in writing, it shall be deemed to have been validated within a time limit if the consumer's declaration is sent before the expiry of the deadline.
5. The undertaking shall pay the amount paid by the consumer promptly but not later than thirty days after the withdrawal.
(6) The consumer shall bear the costs incurred in connection with the return of the product due to the exercise of the right of withdrawal. Furthermore, the consumer is not liable for any other costs. However, an undertaking may claim reimbursement of the loss of the product resulting from improper use.
§ 5 Unless otherwise agreed by the parties, the consumer can not exercise the right of withdrawal pursuant to § 4
(a) in the case of a contract for the provision of services where, before the expiry of the withdrawal period, the undertaking commenced the execution with the consent of the consumer;
(b) in the case of the sale of a product or the provision of a service, the price or charge of which depends on the volatility of the money market which can not be controlled by the seller;
(c) in the case of the sale of a product which is the subject of a consumer, or which has been produced at the consumer's request or express request or which, by its nature, can not be returned or is perishable;
(d) in the case of a contract for the recording of sound or images and copies of computer software, where the packaging has been terminated by the consumer;
(e) in the case of a contract for the sale of newspapers, periodicals and periodicals;
f) for gaming contracts.
Article 6 (1) If the price of the product or the service fee is wholly or partly paid by the enterprise, [in accordance with CLV 1997 on Consumer Protection. (2) (o)), the exercise of the consumer's right to withdraw pursuant to § 4 shall also terminate the consumer loan agreement.
(2) The consumer shall not be obliged to pay damages to the undertaking resulting from the dissolution of the consumer loan contract and interest or other costs may not be claimed.
3. Paragraphs 1 to 2 shall apply mutatis mutandis where the consumer loan granted by a third party in whole or in part in the price of the product or the service charge (Article 2 of Act CXII of 1996 on Credit Institutions and Financial Enterprises) provided that the consumer loan agreement is based on a prior arrangement between the financial institution and the business. The undertaking is obliged to notify the financial institution of the withdrawal of the consumer without delay.
Article 7 (1) If the parties have not been agreed upon at the time of delivery, the enterprise shall be obliged to do so within thirty days of the date of receipt of the order at the time or within the time specified in the consumer's notice, for the performance of the contract.
2. If the undertaking fails to fulfill its contractual obligations because the contractual product is not available or the ordered service is not in a position to supply, it shall immediately inform the consumer and the amount paid by the consumer without delay but at the latest thirty within days. Fulfilling this obligation does not exempt the business from other consequences of its breach of contract.
(3) If the enterprise performs a substitute product or service as defined in the contract, the costs incurred in returning the product due to the exercise of the right of withdrawal pursuant to § 4 shall be borne by the enterprise. The company must clearly and accurately inform the consumer about the costs and the fulfillment of the corresponding product or service.
Section 8 (1) An undertaking may not demand compensation from the consumer if it sells a product or provides a service previously not ordered by the consumer.
(2) In the event of a consumer's failure to make a statement, the undertaking's offer - tacitly - can not be presumed.
Article 9 (1) The express consent of the consumer is necessary for the enterprise to use an automatic calling machine or a fax machine for the purpose of contracting.
2. Unless otherwise provided by a separate law, an undertaking may use, in the absence of express protests by the consumer, a means of distance communication which does not fall within the scope of paragraph 1.
§ 10 The undertaking is obliged to prove that it has complied with the obligation to provide information specified in the regulation, has retained the requirements for compliance with deadlines and has obtained the consent of the consumer as provided for in Section 9.
Article 11 (1) The consumer may not validly denounce the right of the consumer as defined in the regulation.
(2) The provisions of this Decree may only be waived for the benefit of the consumer.
3. Where a contract falling within the scope of the Regulation is in close connection with one of the States of the European Economic Area, the choice of third country law as the law governing the contract shall be ineffective in so far as that third country has the right of that State to fulfill its obligations under Directive 97/7 / EC of the European Parliament and of the Council, which does not grant a derogation. In the matter in question, the law of that State shall apply to the contract instead of the law chosen by the parties.
11 / A. § In the event of violation of the provisions of Sections 2 and 3, the Consumer Protection Authority may, in accordance with Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers. in accordance with the rules laid down by law.
Article 12 (1) This Regulation shall enter into force on 1 March 1999 and shall apply only to contracts concluded after its entry into force.
(3) This Regulation is intended to comply with 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; with the exception of Article 8 of the Directive.