Judikatūra

  • Lietas apraksts
    • Nacionālais identifikators: No. E03-PTU-K142-31
    • Dalībvalsts: Latvija
    • Vispārpieņemtais nosaukums:N/A
    • Lēmuma veids: Administratīvs lēmums, pirmā instance
    • Lēmuma datums: 09/10/2014
    • Tiesa: Patērētāju tiesību aizsardzības centrs
    • Temats:
    • Prasītājs: Unknown
    • Atbildētājs: SIA „DE MARGO”
    • Atslēgvārdi: ancillary contract, distance contracting, right of withdrawal
  • Direktīvas panti
    Consumer Rights Directive, Chapter 1, Article 2, (7) Consumer Rights Directive, Chapter 3, Article 6, 1., (e) Consumer Rights Directive, Chapter 3, Article 6, 1., (h) Consumer Rights Directive, Chapter 3, Article 9, 1. Consumer Rights Directive, Chapter 3, Article 11, 1. Consumer Rights Directive, Chapter 3, Article 15, 1.
  • Ievadpiezīme
    (1) Contract concluded via phone constitutes distance contract.
    (2) Distance contracts entail the right of withdrawal, which includes default termination of the ancillary contracts.
    (3) Requiring the conclusion of ancillary contract which imposes costs upon the consumer after promising costs-free distance contract is prohibited.
    (4) The right of withdrawal has not been ensured if the withdrawal form is not provided and if the withdrawal is made conditional upon the moment when the trader retrieves the goods from the consumers, and if contacting the trader is impossible.
  • Fakti
    The defendant traded goods (mattresses) via phone. Specifically, the defendant offered the goods for trial use for 30 days, after which the consumers could purchase the goods. The consumers were advised on the phone that they could withdraw from the trial of the goods at any time. When the goods were delivered to the consumers, they were told that the trial use of the goods requires concluding leasing contracts. If the consumers agreed and concluded contracts, and later wished to withdraw, they could do so by calling the defendant. However, when the consumers attempted to do so, most of them were promised that the contracts will be cancelled when the defendant picks up the goods, which did not happen, whereas some of them were unable to reach the defendant via phone at all. The consumers were not provided with the withdrawal form at the moment of concluding the leasing contracts or with any other contact information of the defendant besides the non-functioning phone number.
  • Juridisks jautājums
    (1) Does a contract concluded via phone constitute distance contract?
    (2) What legal consequences does the withdrawal from a distance contract entail for the ancillary contracts?
    (3) Is requiring the conclusion of ancillary contract, which imposes costs upon the consumer for a promised costs-free distance contract permitted?
    (4) Is the right of withdrawal right ensured if the withdrawal form is not provided and if the withdrawal is made conditional upon the moment when the trader retrieves the goods from the consumers, and if the consumers cannot contact the trader?
  • Lēmums

    (1) First, the court stated that contract concluded via phone constitutes distance contract.
    (2) Second, the court stated that distance contracts entail the right of withdrawal, the exercise of which by default terminates also the ancillary contracts accompanying the distance contract.
    (3) Next, the court found that the defendant has undertaken a misleading commercial practice and thus violates the consumer rights, when it promises a free trial of the goods (a cost-free distance contract), however in practice requires the conclusion of the leasing contract, for which the consumers incurs costs, for which they were not warned in advance.
    (4) Furthermore, the court found that the defendant has not ensured the right of withdrawal (although had created an impression it has) because, first, it has not provided the withdrawal form (and thus has not sufficiently informed on this right), second, has made the withdrawal conditional upon the moment when it retrieves the goods from the consumers, and last, the consumers cannot effectively exercise this right due to impossibility of contacting the defendant.

    URL: http://www.ptac.gov.lv/sites/default/files/apk_lemums_de_margo_k-142izraksts%281%29.pdf

    Pilns teksts: Pilns teksts

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  • Rezultāts
    The defendant was ordered to cease the practice of imposing invalid conditions upon the distance contracts and to pay a fine of EUR 12,000.00.