Information Obligations and Disinformation of Consumers by Gert Straetmans

Author:Gert Straetmans
Language: eng
Format: epub
ISBN: 9783030180546
Publisher: Springer International Publishing

7.1 Provisions of the CRD

Consumer protection based on CRD provisions mainly concerns pre-contractual information duties of suppliers, the right of consumers to withdraw from a contract when concluded off-premises or over distance, as well as various consumers’ rights regarding the time of delivery of goods, the transfer of danger, expenses due to means of payment, phone communications and additional payments (Karampatzos 2016).

Pursuant to Article 3B of Law 2251/1994, information on 20 different parameters must be provided to consumers before any binding commitment. Such information refers to the identity and means of communication of the supplier, the price and the characteristics of the product offered, any additional expenses for delivery, the rights of consumers in case of delivery of a defective product and the right of withdrawal (Karampatzos 2016). The latter is heavily emphasized; consumers must be informed of the period, in which the right can be exercised, possible exemptions that may apply for the specific product (for example, certain contracts mentioned in Article 3L), the specific rights and obligations of each party, should consumers inform the suppliers of a withdrawal. If the consumer is not thus informed, the right of withdrawal extends from 14 calendar days to 12 months from the day that the supplier was obliged to inform the consumer (Article 3F par. 1) (Karampatzos 2016). The supplier bears the burden of proof that the consumer has been duly informed on the required matters. Principle consequence in case of a violation of the information duties is the annulment of the contract in favor of the consumer, i.e., only the consumer can invoke and exercise the above mentioned right (Article 3B, par. 8, 9). Suppliers may provide, on a voluntary basis, the required by Article 3B information using the standard format contained in Annex B of Law 2251/1994.

Any information provided must enable consumers to make informed decisions; a consumer must understand beyond doubt that, by placing an order for a product via a distance selling platform, an obligation to pay is assumed. Otherwise, the consumer is not bound by the contract and is not obliged to pay. Should the means of purchase lack the space or time for all information to be presented, (at least) the essential information concerning the full price, the identity of the supplier, the right of withdrawal and the period of the contract must be offered (Article 3D, par. 3, 4). Moreover, all provided information at the pre-contractual stage is afterwards incorporated in the contract and binds the parties (Article 3B par. 5). Differences in the contractual terms must explicitly be agreed upon by both supplier and consumer; unilateral changes do not bind the consumer. If the supplier does not provide information about additional charges and expenses, the consumer is not obliged to pay any such expenses or, additionally, he/she may consider the contract null and void.

Article 3B par. 7 further refers to potential, additional information requirements of Law 3844/2010 and Presidential Decree 131/2003 as more specific and thus applicable. Should any conflict of provisions arise, the ones of the special laws apply—instead of those of Article 3B.

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