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Legal Literature

Legal Literature Details
Member State Greece
Title Digital content distance contracts
Subtitle Σύμφωνα με το ν. 2251/1994, όπως ισχύει μετά τη μεταφορά της οδηγίας 2011/83 σχετικά με τα δικαιώματα των καταναλωτών
Type article
Reference Armenopoulos, 7, p. 1095
Publication Year 2014
Keywords consumer, digital content, durable medium, precontractual information, right of withdrawal

Consumer Rights Directive, Chapter 3, Article 6, 1., (r) Consumer Rights Directive, Chapter 3, Article 6, 1., (s) Consumer Rights Directive, Chapter 3, Article 6, 2. Consumer Rights Directive, Chapter 3, Article 8, 7. Consumer Rights Directive, Chapter 3, Article 9, 1. Consumer Rights Directive, Chapter 3, Article 14, 4., (b), (iii) Consumer Rights Directive, Chapter 3, Article 16, (i) Consumer Rights Directive, Chapter 3, Article 16, (m)

The article contains an in depth analysis of the digital content distance contracts. It divides those contracts in digital content supplied on a tangible medium and in digital content not supplied on a tangible medium. The article first analyses the content of the pre-contractual information that must be provided to the consumer (including among others issues related to the functionality and the applicable technical protection measures of the digital content as well as the interoperability of the means used). Also, it lays down the way that the supplier should provide that pre-contractual information and the consequences in case that this is not provided. In addition the article describes what type of information should be included in the contract confirmation as well as when this confirmation should be sent; also, it provides an explanation regarding providing confirmation on a durable medium. Moreover, there is an analysis of the right of withdrawal (including details for the information regarding the right of withdrawal, the deadline and the way the consumer can exercise that right as well as the exceptions from the right of withdrawal specifically for digital content contacts). The author elaborates on the consequences of the right of withdrawal and he claims that neither the supplier nor the consumer benefit from that right (in distant contracts for digital content); he argues that other mechanisms should be used. So, as a conclusion, the author claims that he is in favor of placing the distance contracts for digital content in the regulatory framework set in the new consumer rights Directive 2011/83 (articles 3 et seq of the consumer protection law 2251/1994). The author also considers that it is beneficial that the consumer protection law includes uniform provisions for all types of digital content and claims that the provision of information regarding the functionalities and technical protection measures for digital content is to the advantage of the consumers. However, since the author argues that the right of withdrawal from digital content contracts is not effective, he proposes that suppliers should put at the disposal of consumers samples of digital content for trial before the conclusion of the contract.

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