Case law

  • Case Details
    • National ID: No. 2-pk
    • Member State: Latvia
    • Common Name:link
    • Decision type: Administrative decision, first degree
    • Decision date: 21/01/2016
    • Court: Consumer Rights Protection Centre
    • Subject:
    • Plaintiff: Unknown
    • Defendant: SIA „Media Trade”
    • Keywords: distance contracting, durable medium, guarantee, information requirements, right of withdrawal
  • Directive Articles
    Consumer Rights Directive, Chapter 1, Article 2, (7) Consumer Rights Directive, Chapter 1, Article 2, (10) Consumer Rights Directive, Chapter 3, Article 6, 1., (a) Consumer Rights Directive, Chapter 3, Article 6, 1., (h) Consumer Rights Directive, Chapter 3, Article 6, 1., (l) Consumer Rights Directive, Chapter 3, Article 11, 1.
  • Headnote
    (1) Information on the characteristics of goods traded by distance contract is not sufficient if it does not include all the relevant details on the respective goods, even if the trader uses a disclaimer that information is available on the website of the manufacturer.
    (2) The exercise of the right of withdrawal may not be made subject to the condition that the goods have not lost their quality upon return.
    (3) A general statement that the goods are subject to guarantees is not sufficient reminder of guarantee, but instead the specific goods must be accompanied by specific conditions of the guarantee.
    (4) A durable medium containing information on distance agreement is either print, data storage, file sent to e-mail (that cannot be modified), but not a website containing such information, if the information cannot be saved.
  • Facts
    The defendant traded goods on their website. The descriptions of the goods contained little information on these goods and provided that more information could be acquired at the manufacturer’s website. The website provided that the consumers could exercise their right of withdrawal if they returned the purchased goods undamaged and fully equipped. The website contained a general statement that the goods were subject to guarantees.
  • Legal issue
    (1) First, the court found that the defendant does not provide sufficient characteristics of the goods it trades on the website, as it only provides the picture, model no. and title, and price of the product, but does not provide other relevant details such as the size, weight, the technical aspects (of electronic devices). The defendant’s disclaimer that more information was available on the website of the manufacturer was not an appropriate way of informing the consumer.
    (2) Second, the court stated that the defendant does not provide legitimate information on the right of withdrawal, as pursuant to the rules provided by the defendant the exercise of this right is subject to the condition that the goods have not lost their quality upon return. Also, the defendant’s practice of providing a form of withdrawal only when the consumer exercises the withdrawal does not comply with the right.
    (3) Next, the court found that the defendant does not provide a sufficient reminder of guarantee in case the goods do not conform to the contract, if it only provides a general statement that the goods are subject to guarantees, but each separate goods are not accompanied by the conditions of the guarantee.
    (4) Finally, the court stated that the defendant does not ensure its consumers the possibility of receiving distance agreement rules via durable medium. According to the court, a durable medium would be print, data storage, file sent to e-mail that could not be changed (e.g. .pdf file). Whereas the defendant only provides the conditions of the distance agreements on his website, and these conditions cannot be downloaded and saved to one of the mentioned mediums.
    Therefore, the court ruled that the defendant had violated consumers’ rights to information pursuant to distance agreements.
  • Decision

    (1) What constitutes sufficient information on the characteristics of goods traded by distance contract?
    (2) May the exercise of the right of withdrawal be made subject to the condition that the goods have not lost their quality upon return?
    (3) Is a general statement that the goods are subject to guarantees a sufficient reminder of guarantee?
    (4) What constitutes a durable medium containing information on distance agreement?

    URL: http://www.ptac.gov.lv/sites/default/files/izrakstsololo.docx

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    The defendant was ordered to rectify the lack of information on its website.