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Case Details

Case Details
National ID ECLI:NL:GHSHE:2014:1138
Lidstaat Nederland
Common Name link
Decision type Court decision in appeal
Decision date 22/04/2014
Gerecht Gerechtshof 's-Hertogenbosch
Onderwerp
Eiser Proximedia Nederland B.V
Verweerder Voormalig vennoot van Body Moving Sport & Beauty VOF
Trefwoorden consumer, doorstep selling, judicial review, scope of the Directive

Doorstep Selling Directive, Article 1

(1) The Door-to-Door Sales Act is not of consequential effect when the parties both cannot be defined as a private person.
(2) Small business owners and general partnerships do not fall under the definition of private person or consumer.
Plaintiff is a business which facilitates websites for companies. Defendant operated a fitness center. Both companies have entered into contract for the creation of a website, the rent of a printer and a laptop.
Correspondence followed a year later about the clarification of the invoices send by plaintiff. After that plaintiff blocked access to the website created and facilitated for defendant.
Defendant in the proceedings of first instance claims (among other things) that art. 24 (1) Door-to-Door Sales Act is applicable and the contract is void from signing as they never received a copy of the contract. Defendant's claim is approved and plaintiff in second instance claims the Door-to-Door Sales Act is not applicable.
(1) Is the Door-to-Door Sales Act of consequential effect when two businesses enter into contract?
(2) Do small business owners and general partnerships fall under the definition of private person?
The court considers certain the fact defendant has entered into an agreement within the scope of her business operations as the goods were being used for the business. Defendant cannot be defined as a private person in accordance with art. 1 (1) (d) Door-to-Door Sales Act. Only a consumer, not acting as part of a business, can fall under the protection of the Directive 85/577/EEC. The Dutch legislator has not opted to include the small business owners under the scope of the Act.
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The court reversed the first instance court's judgment.