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29/07/2020

What is the scope of Directive 2011 83 on consumer rights?

What is the scope of Directive 2011 83 on consumer rights?

The Directive provides that consumers must receive complete and transparent information about key contractual elements, formal requirements for distance and off-premises contracts, a right for consumers to withdraw from distance and off-premises contracts, clear rules on delivery of goods and passing of risk and some …

What is a distance contract under Directive 2011 83 on consumer rights?

The definition of distance contract should cover all cases where a contract is concluded between the trader and the consumer under an organised distance sales or service- provision scheme, with the exclusive use of one or more means of distance communication (such as mail order, Internet, telephone or fax) up to and …

What is the Omnibus Directive?

The Omnibus Directive now aims to enable qualified entities to bring representative actions for both injunctive measures and redress measures against traders that infringe provisions of EU law.

What is the Consumer Rights Directive 2014?

The Consumer Rights Directive (CRD) came into force in 2014 and provides consumers with increased protection when they enter into on premises, off premises (doorstep sales) and distance contracts with web traders based in Ireland and other EU countries. You will also be obliged to refund consumers more promptly.

How does the Consumer Protection Act protect customers?

As well as protection from unfair trading, consumers are protected by statutory rights and regulations against unfair contracts. Among other things, these generally give the consumer the right to cancel an order within an automatic cooling-off period and receive a refund or replacement if goods are faulty.

How does Consumer Protection Act help consumers?

Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers.

Does the Consumer Protection Act apply to juristic persons?

The Act is intended to protect the vulnerable consumer and not big business, and thus it does not apply to consumers who are juristic persons, whose asset value or annual turnover equals or exceeds the threshold value determined by the Minister, currently set at R2 million.

Are companies protected by the Consumer Protection Act?

Businesses with an annual turnover of up to R2m are entitled to get protection in terms of the CPA.

When did the European Parliament pass Directive 2011 / 83?

Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Text with EEA relevance

What was the EU Directive on consumer rights in 2011?

DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council

What was the European Council Directive in 1985?

Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (4) and 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 (5) lay down a number of contractual rights for consumers.

How is healthcare defined in the EU directive?

Healthcare is defined in Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (9) as ‘health services provided by health professionals to patients to assess, maintain or restore their state of health, including the prescription,…