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Case Details

Case Details
National ID ECLI:NL:RBAMS:2011:BU7131
Lidstaat Nederland
Common Name link
Decision type Court decision, first degree
Decision date 19/10/2011
Gerecht Rechtbank Amsterdam
Onderwerp
Eiser PROXIMEDIA NEDERLAND B.V.
Verweerder Unknown
Trefwoorden consumer, doorstep selling, scope of the Directive

Doorstep Selling Directive, link

The Door-to-Door Sales Act is not applicable in the situation where businesses enter into contract. The Act is exclusively applicable when entering into a contract with a consumer.
Plaintiff is a business offering computer performance. Defendant is a sole proprietor. After a meeting between both parties a contract was signed. Plaintiff would offer computer services in return for payment. Defendant never pays the invoices send by the plaintiff. Defendant disputes the plaintiffs claim and annuls the contract and second to that terminates the contract invoking the fact that the contract was entered into under the influence of error. Plaintiff claims payment of all invoices by a provisionally enforceable order of the court. Defendant claims that the Door-to-Door Sales Act is applicable.
Is the Door-to-Door Sales Act applicable to a situation in which plaintiff and defendant both do not enter into contract as a private person, but as a business?
The court ordered the plaintiff to draw up a document in which he can substantiate the sum of the claim. The court stated that the Door-to-Door Sales Act was not applicable in the situation where the defendant entered into contract as a business and not in order to provide in his private needs. This act is exclusively applicable to consumers. The defendant did not provide any evidence that that was the case. The court deemed important the fact that the legislature has refrained from including (small) entrepreneurs under the protection of the Directive 85/577/EEC.

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The contract is not null and void on the grounds of the Door-to-Door Sales Act.