The Directive, repealing the Directives on distance selling and doorstep selling, protects the consumers in respect of distance contracts and contracts negotiated away from business. It establishes that the trader will bear the risk for any damage to goods in transport until the consumer takes possession of the goods. Furthermore, the Directive extends the withdrawal period for consumers to 14 calendar days. After the withdrawal the consumer has the right to be reimbursed without undue delay and within 14 days. It is applicable to contracts concluded after 13 June 2014.
http://ec.europa.eu/consumers/consumer_rights/rights-contracts/directive/index_en.htm
Sellers of consumer goods within the EU are obliged to guarantee the conformity of the goods with a contract, for a period of two years after the delivery of the goods. The Directive on certain aspects of the sale of consumer goods and associated guarantees aims to harmonize those parts of consumer sales contract law that concern legal guarantees (warranties) and, to a lesser extent, commercial guarantees.
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:31999L0044
The Directive on unfair terms in consumer contracts prohibits unfair contract terms which has not been individually negotiated, but imposed on the consumer. It also includes an annex where potentially unfair contract terms are listed.
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31993L0013
The Unfair Commercial Practices Directive lays down harmonized rules for the fight against unfair commercial practices and rogue traders. The Unfair Commercial Practices Directive ensures that consumers are not misled or exposed to aggressive marketing and that any claim made by traders in the EU is clear, accurate and substantiated. The Directive also aims to ensure, promote and protect fair competition in the area of commercial practices. Finally, in its Annex I point 14 the directive established harmonized definition of pyramid schemes which is harmonized in Europe.
http://ec.europa.eu/consumers/consumer_rights/unfair-trade/unfair-practices/index_en.htm
The Price Indication Directive deals with the indication of the selling price and the price per unit of measurement of products offered by traders to consumers in order to improve consumer information and to facilitate comparison of prices.
The Misleading and Comparative Advertising Directive (2006/114/EC) is a horizontal instrument which applies to all business-to-business (B2B) advertising and provides a minimum legal standard of protection across the EU against misleading advertising. It also lays down uniform rules on comparative advertising ensuring that it compares “like with like”, is objective, does not denigrate or discredit other companies’ trademarks and does not create confusion among traders).
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32006L0114&from=EN.
The Injunctions Directive (98/27/EC) provides an important tool for both public and private enforcement of most of EU consumer law. Available here.
It ensures that consumers have access to ADR for resolving their contractual disputes with traders. Access to ADR is ensured no matter what product or service they purchased, whether the product or service was purchased online or offline and whether the trader is established in the consumer’s Member State or in another one.
The ODR platform is a web-based platform developed by the European Commission. Its objective is to help consumers and traders resolve their contractual disputes about online purchases of goods and services out-of-court at a low cost in a simple and fast way.
It allows consumers to submit their disputes online in any of the 23 official languages of the European Union. The ODR platform transmits the disputes only to the quality dispute resolution bodies communicated by Member States. Member States have to establish a national contact point to provide assistance to users of the ODR platform. The list of these national contact points is available on the ODR platform.
The ODR platform is accessible to consumers and traders since 15 February 2016. Link – here.
Early 2016 the European Commission announced its intention to review the whole range of existing horizontal EU consumer legislation with the purpose to evaluate if these Directives are still fit for purpose. Seldia and its members are strong supporters of the need for comprehensive and harmonized consumer rights across the EU-28 and will engage with the European Commission and other stakeholders in this policy review.
Laws affecting products sold by members in Europe
Regulation (EC) N° 1223/2009 on cosmetic products is the main regulatory framework for finished cosmetic products when placed on the EU market. It strengthens the safety of cosmetic products and streamlines the framework for all operators in the sector. The Regulation simplifies procedures to the extent that the internal market of cosmetic products is now a reality in Europe.
Laws affecting free movement of goods in Europe – for information in general click here.
To ensure the free movement of goods in non-harmonised sectors (such as food supplements), the principal of mutual recognition, the 98/34 notification procedure, and the application of Arts. 34-36 TFEU are essential.
The principle of mutual recognition stems from Regulation (EC) No 764/2008. It defines the rights and obligations for public authorities and enterprises that wish to market their products in another EU country. The Regulation also defines how a country can deny mutual recognition of a product.
More on notification procedure – click here.
Laws affecting free movement of services in Europe – for information in general click here.
The Services Directive (Directive 2006/123/EC) brings many benefits to businesses (including direct selling) and consumers providing or using services in the EU.
On 28 October 2015 the European Commission published its Single Market Strategy, which is deemed a core strategy for the current European Commission. Its key objective is to improve the functioning of the Single Market by: