Judikatūra

  • Lietas apraksts
    • Nacionālais identifikators: No. A 420647510
    • Dalībvalsts: Latvija
    • Vispārpieņemtais nosaukums:N/A
    • Lēmuma veids: Tiesas lēmums apelācijas tiesvedībā
    • Lēmuma datums: 02/10/2012
    • Tiesa: Administratīvā apgabaltiesa
    • Temats:
    • Prasītājs: SIA "Pigu Latvia" (220.lv)
    • Atbildētājs: Consumer Rights Protection Centre
    • Atslēgvārdi: distance contracting, right of withdrawal
  • Direktīvas panti
    Consumer Rights Directive, Chapter 3, Article 9, 1. Consumer Rights Directive, Chapter 3, Article 11, 1. Consumer Rights Directive, Chapter 3, Article 13, 1.
  • Ievadpiezīme
    (1) The nature of distance agreement is determined by the means of concluding the contract, and is not affected by the place of receiving the goods or by the possibility of inspecting the goods in presence.
    (2) The possibility to withdraw from the distance agreement after the inspection of the goods is not an effective protection otf the right of withdrawal.
    (3) The rules aimed at circumventing the consumers’ rights to withdrawal are invalid.
  • Fakti
    The plaintiff traded goods on its website. It had provided certain rules applicable to the purchase contracts, such as:
    1) in cases where the consumer receives in presence (in the business premises of the plaintiff) the goods purchased on the plaintiff’s website, the originally concluded distance contract is terminated, and a new, regular purchase agreement is concluded, if after the inspection of the goods the consumer still wishes to purchase them. If the goods are not satisfactory, the consumer may immediately withdraw from the concluded distance contract;
    2) the consumer waives his right or receiving a refund of the price paid for the goods, if the returned goods are in conformity with the contract;
    3) the contract of the delivery of goods would be concluded separately.
    The defendant adopted a decision requiring the plaintiff to remove these rules from their website.
    The plaintiff appealed the defendant’s decision before the court of first instance, which dismissed the plaintiff’s claim. Thus the plaintiff appealed the judgement before the court of second instance.
  • Juridisks jautājums
    (1) Is the nature of distance agreement affected by the place of receiving the goods or the possibility of inspecting the goods in presence?
    (2) Is the possibility to withdraw from the distance agreement after the inspection of the goods in presence considered an effective protection of the right of withdrawal?
    (3) Are the rules aimed at circumventing the consumers’ rights to withdraw from a distance contract valid?
  • Lēmums

    (1) The court stated that regardless of the form of receiving the goods (whether by post or at the business premises of the plaintiff), the decisive aspect of the nature of the contract is the moment and form of concluding the contract, i.e.: by means of distance communication. Likewise, the court concluded that, contrary to the plaintiff’s view, the possibility of inspecting the goods in presence at the moment of receiving them does mean that the agreement ceases to be a distance agreement.
    (2) Next, the court concluded that the option ot the consumer to withdraw from the distance agreement after the inspection of the goods when receiving them is not an effective protection of the right of withdrawal, as this creates an unequality between such consumers and those consumers who receive the goods by other means, e.g. by post.
    (3) Finally, the court found that the rules the plaintiff provided on his website are aimed at circumventing the consumers’ rights to withdraw from a distance contract. However, the right of withdrawal is indispensable and cannot be waived, thus, such rules are invalid.

    URL: https://manas.tiesas.lv/eTiesasMvc/nolemumi/pdf/122553.pdf

    Pilns teksts: Pilns teksts

  • Saistītās lietas

    Nav pieejami nekādi rezultāti

  • Juridiskā literatūra

    Nav pieejami nekādi rezultāti

  • Rezultāts
    The plaintiff’s claim to repeal the decision obliging him to remove the invalid rules on distance contracts provided on the plaintiff’s website was dismissed.