New rules for e-commerce enter into force on 31 May 2014. Web shops must provide additional information to consumers; consumer rights are extended, and certain common practices are now prohibited (the use of default options, charging high fees for the use of credit cards). The sanctions for infringement are strict: the consumer has one year to withdraw from the contract without costs, and in certain circumstances the consumer does not even have to pay for the services provided.
These important changes stem from the implementation of Directive 2011/83/EU on consumer rights. They are incorporated in Book VI "Market practices and consumer protection" of the new Code on Economic Law. The implementation of the directive will make it easier to commercialise goods and services online in several Member States.
Extensive information requirements
The list of information requirements has been extended substantially. A model withdrawal form must now be provided. For digital content, (software, apps, music, etc.), information on interoperability and technical protection must be given.
If an order involves an obligation to pay, the essential information (characteristics, price, duration) must be repeated directly before the consumer places the order. A button with the words "order with obligation to pay" must be provided as a warning to the consumer during the order process. If the trader does not comply with this obligation, the consumer will not be bound by the order.
Right of withdrawal
The consumer has fourteen calendar days to withdraw from the contract. The period for withdrawal is extended by one year if the consumer was not properly informed. Traders can now use model instructions for withdrawal to inform the consumer.
The effects of withdrawal and the liability of both parties are now regulated in detail. The consumer may test the goods during the withdrawal period. Handling the goods beyond what is necessary to verify the functioning of the goods may lead to the consumer being liable for reduction in value.
General provisions relevant to e-commerce
The consumer is henceforth entitled to reimbursement when default options are used which the consumer has to reject in order to avoid paying extra. Thus, the consumer's express consent is necessary. Goods must now be delivered within 30 days from the conclusion of the contract unless the parties agree otherwise, and only the costs incurred by the trader for the use of a means of payment may be charged to the consumer.