Case law

  • Case Details
    • National ID: AP de Valencia (Sección 6ª) Sentencia núm. 726/2010 de 28 diciembre
    • Member State: Spain
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 28/12/2010
    • Court: Provincial Court of Valencia
    • Subject:
    • Plaintiff: Unknown
    • Keywords: distance contracting, internet, prior information
  • Directive Articles
    Doorstep Selling Directive, Article 4
  • Headnote
    Failing to provide information on the conditions of a distance contract in documents executed by the consumer renders said conditions inapplicable.
  • Facts
    The plaintiff contracted remotely on an internet service with the defendant via telephone. The plaintiff was charged for making use of said internet service out of Spain, as established in a website which was not aware, as the defendant did not mention it during the telephone conversation that resulted in the contract of the internet service. The information on the price for said international use was not included in the agreement executed with the plaintiff but in the defendants website.
  • Legal issue
    The court ruled in favour of the first instance decision, and compelled the defendant to reimburse the amount charged to the plaintiff and the delay interests.
  • Decision

    Can the conditions of a distance contract be verbally agreed?

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The plaintiff is reimbursed the amount charged by the defendant together with delay interest.