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NEW :
Commission
Communication on the Implementation of the Distance Selling Directive.
The purpose of the Communication is to examine how Member States have implemented the Directive. All interested parties were invited to submit
replies to the Commission by 21 November 2006. The Commission has made available the replies to the consultation and a short summary of the responses.
The aim of
EC legislation in the field
of distance selling is to put
consumers who purchase goods
or services through distance
communication means in a
similar position to consumers
who buy goods or services in
shops.
The
directive therefore applies
to most contracts where a
consumer and a supplier
running an organised
distance-selling scheme do
not meet face to face at any
stage until after the
contract has been
concluded.
Distance
communication means include
traditional means of distance
of communication such as
press adverts accompanied by
order forms, catalogue sales,
telephone. It also covers
more technologically advanced
means of distance
communication such as
teleshopping, mobile phone
commerce (m-commerce), and
the use of the Internet
(e-commerce).
The
Distance
Selling Directive applies
to any consumer distance
contract made under the law
of an EU-Member State as well
as the European Economic Area
(EEA). It provides a number
of fundamental legal rights
for consumers in order to
ensure a high level of
consumer protection
throughout the EU. These
include:
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Provision of
comprehensive
information before the
purchase;
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Confirmation of that
information in a
durable medium (such as
written
confirmation);
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Consumer's right to
cancel the contract
within a minimum of 7
working days without
giving any reason and
without penalty, except
the cost of returning
the goods (right of
withdrawal);
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Where
the consumer has
cancelled the contract,
the right to a refund
within 30 days of
cancellation;
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Delivery of the goods
or performance of the
service within 30 days
of the day after the
consumer placed his
order;
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Protection from
unsolicited
selling;
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Protection from
fraudulent use of
payment cards;
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Non
validity of any waiver
of the rights and
obligations provided
for under the
directive, whether
instigated by the
consumer or the
supplier.
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Some types
of contracts are excluded
from all the provisions of
the directive. The exemptions
include contracts for
financial services and
contracts concluded through
an auction. Contracts for
financial services are
covered by the Distance
Marketing of Financial
Services
Directive
2002/65/EC.
Other types
of contracts are excluded
from the core provisions of
the directive, such as the
provision of comprehensible
information before the
purchase and the right to
cancel the contract. These
include contracts for
services to be performed on a
specific date or within a
specific period such as hotel
room bookings, travel or
concert tickets.
There are
also some exemptions from the
right of withdrawal. These
will apply unless the
consumer and supplier agree
otherwise. These exemptions
cover, for instance, goods
made to the consumer's
specifications and perishable
goods.
The
directive had to be
implemented into national
legal systems by 4 June 2000.
The directive also allows for
the introduction or
maintenance of further
national rules to create a
higher level of consumer
protection.
The
Commission is currently
conducting a review of 8
directives protecting
consumers' economic
interests, including the
Distance Selling
Directive.
Report
 from the
Commission to the Council and
the European Parliament on
Consumer complaints in
respect of distance selling
and comparative advertising
(Article 17 of Directive
97/7/EC on distance contracts
and Article 2 of Directive
97/55/EC on comparative
advertising, 10 March
2000)
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
Brief
overview
EC Consumer Law Compendium: a Comparative Analysis and a database of the EU Consumer Law Acquis
 Submissions to the consultation on the Directive on Distance Selling  (11 MB)
 Summary of the responses to the consultation on distance selling 
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