Right of withdrawal
Are minor contracts negotiated away from business premises taken into account by national laws in relation to the right of withdrawal? What are the limits stipulated in national legislation?
The national laws relating to the right of withdrawal do NOT apply to minor contracts negotiated away from business premises (Article 47(2) of the Consumer Code). The threshold set by national legislation for qualifying as a ‘minor contract’ is EUR 50, in accordance with the provisions of EU legislation.
Must contracts concluded on the telephone be subject to written consent? If yes, is it necessary for this consent to take a specific form (email, letter etc.)?
‘For a distance contract’, if entered into via telephone and even if recorded, within the meaning of Article 51(6) of the Consumer Code, the trader who prepared the contract must confirm the offer to the consumer, who is aware of all the terms and conditions of the pre-contractual offer enshrined in Article 51(7) of the Consumer Code, by sending the contract proposal in writing or via another durable medium (e.g. email) before the commencement of provision of the service or delivery of the goods or the service that is the subject of the contract. Otherwise, the contract will be ‘non-binding’ for the consumer.
Can an operator request payment during the withdrawal period of 14 days after the consumer has signed a contract negotiated away from business premises?
The trader can request payment during the withdrawal period of 14 days where the consumer, within the meaning of Article 57(3), has requested that the service be provided or the goods be delivered during the withdrawal period. The consumer is responsible for paying the trader an amount proportional to the goods or services provided up to the moment when the consumer informed the trader that they were exercising their right of withdrawal.
For more information please visit the website of the Ministry of Economic Development [Ministero dello Sviluppo Economico, (MISE)], available in both Italian and English:
- https://www.mise.gov.it/index.php/it/assistenza/domande-frequenti/2040871-diritto-di-recesso-domande-frequenti-faq (IT)
- https://www.mise.gov.it/index.php/en/201-contents/2040872-right-of-withdrawal-frequently-asked-questions-faq (EN)