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Consumer Protection Act

Original Language Title: Kuluttajansuojalaki

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Consumer protection law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1

This law concerns the supply, sale and other marketing of consumer goods from traders to consumers. The law also applies when the trader distributes goods to consumers.

This law does not apply to statutory insurance or to the employee's group life insurance or the corresponding benefit granted by the municipal pension institution.

ARTICLE 2

What this law provides for trade must also be used for exchanges.

§ 2a. (21.1.2005/29)

The provisions of Chairs 3, 4 and 6a and the provisions of Chapter 6 of this Act shall apply mutatis mutandis to the guarantee and the lien on the lien (1999) And private operators' commitments to creditors.

ARTICLE 3 (5 1.1994/16)

For the purposes of this Act, consumer goods shall mean goods, services and other commodities and benefits offered to natural persons or which are acquired by such persons in an essential amount for their private economy.

§ 4 (5 1.1994/16)

In this Act, the consumer shall be regarded as a natural person who acquires a consumer product mainly for purposes other than the business he pursues.

§ 5 (5 1.1994/16)

For the purposes of this law, the trader shall mean any natural or private or legal person who, in order to gain entry or other financial gain in order to be able to trade, sell or otherwise provide consumables In return for consideration.

ARTICLE 6 (5 1.1994/16)

Paragraph 6 has been repealed by L 5.1.1994/16 .

Chapter 2 (29.08.2008/561)

Marketing and procedures in relation to customers

ARTICLE 1 (29.08.2008/561)
Prohibition of unfair marketing and unfair practices

Marketing must not be contrary to good practice and must not be used in a procedure which is inappropriate for consumers. The inappropriate procedure must not be used in relation to the customer relationship.

ARTICLE 2 (29.08.2008/561)
Counterfeiting of good marketing

Marketing shall be considered to be unfair if it is manifestly contrary to the generally accepted societal values and in particular if:

(1) it violates human dignity, religious or political beliefs;

(2) there is discrimination on grounds of sex, age, ethnic or national origin, nationality, language, health, disability, sexual orientation or any other person; or

(3) it is adopted with a view to adopting an action which endangers health, public safety or the environment, without the fact that the presentation of such activities is based on an objective criterion relating to the goods marketed.

The marketing of minors or minors in general is considered to be unfair, in particular where it uses the inexperience or credulity of a minor if it is liable to adversely affect the Or if it seeks to ignore the possibility for parents to play a full part in raising their children. When assessing good practice, account is taken of the age and level of development of minors in general marketing and other circumstances.

ARTICLE 3 (29.08.2008/561)
Incompatibility of the procedure

The procedure shall be considered inappropriate if it is:

(1) contrary to the proper conduct of business in general; and

(2) clearly weaken the consumer's ability to make a reasoned purchasing decision or other decision relating to consumer goods and to lead the consumer to take a decision that he would not have done without the procedure.

In particular, procedures are considered to be incompatible with Articles 4 to 14.

If the procedure is aimed at a particular group of consumers, the incompatibility of the procedure is assessed from the point of view of this group of consumers. If the procedure is likely to undermine decision-making by consumers who are particularly affected by their age, disability or credulity, the trader should have reasonably understood the procedure An assessment of the inappropriateness of such a group of consumers.

§ 4 (29.08.2008/561)
Identification of marketing

Marketing must clearly show its commercial purpose and the name of which it is marketed.

§ 5 (29.08.2008/561)
Risk of confusion

Comparative advertising or other marketing shall not constitute a risk of confusion between the trader and the competitor's trade marks, trade names or other distinguishing marks or commodities if it is likely to lead the consumer to: Takes a decision to purchase or other consumer goods, which he would not have done without such marketing.

ARTICLE 6 (29.08.2008/561)
Prohibition of false or misleading information

In the case of a marketing or customer relationship, false or misleading information may not be disclosed where the information is such as to lead the consumer to take a decision relating to the purchase or other consumer goods, which he or she is not without Information would have been made.

The anti-truth or misleading information may relate in particular to:

(1) the existence, availability, species, quality, quantity and other essential characteristics of consumables;

(2) the results of the tests carried out on the origin, method and time of manufacture, use and use of the consumer product.

(3) the price of the consumer goods or the criteria for its determination, special price advantages and conditions of payment;

(4) the time of delivery of the consumer goods and other delivery terms;

(5) the nature of the sales process, the customer service after the contract and the handling of customer complaints;

(6) the need and availability of maintenance, repair and spare parts;

(7) the identity, contact details, characteristics and position of the trader or his representative on the market and the prizes and confessions they receive;

(8) the rights and obligations of the trader, including the commitment to comply with the obligations of the Code of Conduct;

9) consumer rights, obligations and risks.

§ 7 (29.08.2008/561)
Non-disclosure of information

In the case of a marketing or customer relationship, the information which the consumer needs to make a purchasing decision or a decision relating to the other consumer goods and the absence of which is relevant must not be excluded from the market or customer relationship. To lead the consumer to take a decision which he would not have done with sufficient knowledge.

In assessing the adequacy of the data, account shall be taken of the clarity, comprehensibility and timeliness of the information, the constraints related to the media used and the other measures taken by the trader with a view to providing the consumer with relevant information.

Information necessary for the health and safety of the consumer shall always be provided.

§ 8 (12/02/1211)
Obligation to provide information when providing individual consumer goods

In the case of an individual consumption of consumables at a specific price, the following shall be indicated:

(1) the main characteristics of the consumer product, to the extent that it is appropriate, taking into account the consumer goods and the message used;

(2) the name and geographical address of the trader and, where the trader acts as a representative or representative of another trader, the same information on his client;

(3) the total price of consumer goods with taxes or, if the exact price is not reasonably possible due to the nature of the commodity, the criteria for determining the price;

(4) where applicable, delivery costs not included in the total price, or, where such costs cannot reasonably be calculated in advance, information that such costs may be incurred;

(5) practices concerning payment, delivery, fulfilment of the contract and customer complaints, if they differ from what consumers normally have to assume;

(6) any right to withdraw or terminate the contract.

§ 8a (12/02/1211)
Pre-contractual information

In addition to what is laid down in the rest of the law on the obligation to provide information, the trader shall, prior to the conclusion of a consumer goods contract, give the consumer, in a clear and comprehensible manner, the following: Information unless this information is otherwise apparent from the context:

(1) the main characteristics of the consumer product, to the extent that it is appropriate, taking into account the consumer goods and the message used;

(2) the name of the trader, the geographical address of the location and telephone number;

(3) the total price of consumer goods with taxes or, if the exact price is not reasonably possible due to the nature of the commodity, the criteria for determining the price;

(4) where applicable, delivery costs not included in the total price, or, where such costs cannot reasonably be calculated in advance, information that such costs may be incurred;

(5) where appropriate, the conditions for payment, delivery and other fulfilment of the contract and customer complaints procedures;

(6) an indication of the statutory liability for goods and, where appropriate, an indication of customer support, other post-trading services and guarantees and the conditions governing them;

(7) where appropriate, the duration of the contract or, where the contract is in force for the time being or is automatically extended, the conditions for its termination;

(8) where appropriate, the functionality of digital content, including the interoperability of digital content with hardware and software, in so far as the trader knows or can reasonably be expected to know.

The provisions of this Article shall not apply to:

(1) the daily consumability contract to be completed immediately;

(2) agreement on a financial service or instrument;

(3) the sale or rental of immovable property or any other right to an agreement on immovable property;

(4) the housing sector (43/1994) An agreement falling within the scope of application;

(5) Act on residence rights housing (650/1990) The Agreement on Extradition Extradition;

6) in the law on the rental of the dwelling (1994) Referred to in the lease agreement;

7) an agreement falling within the scope of Chapter 10;

(8) Prepared copy (18/09/1994) An agreement falling within the scope of application;

(9) agreement on passenger transport services;

(10) an agreement on the application of the (1047/2001) The service covered;

(11) by means of a distribution vending machine or an agreement in a automated business mode.

§ 9 (29.08.2008/561)
The ban on aggressive practices

An aggressive approach shall not be used in marketing or in relation to a customer relationship.

Aggressive procedure shall be construed as harassment, coercion and other consumer pressure which is liable to lead the consumer to take a decision relating to the purchase or other consumer goods which he or she does not: Pressure would have been made.

In assessing the aggressiveness of the procedure, particular account shall be taken of:

(1) timing, place, nature and duration of the procedure;

(2) the threatening or degrading language or behaviour;

(3) the exploitation of consumer misfortunes or other circumstances relating to a person that undermines consumer judgment;

(4) the acquisition of consumer rights under contract or by law;

5) the threat to take action that is not legally permissible.

ARTICLE 10 (29.08.2008/561)
Transmission of consumer goods without order

The marketing shall not provide consumer goods by supplying them to consumers without the express order and requiring the consumer to pay, repayment or retention of the commodity or any other measure.

Article 10a (12/02/1211)
Recovery of additional charges

Before concluding the contract, the trader shall request the express consent of the consumer to any additional payment not included in the price declared for the consumer goods. As explicit consent, it is not considered that the consumer has not rejected the default choice used by the trader for acceptance of the surcharge.

If the consumer has not given explicit consent to the additional payment, he shall not be obliged to pay.

ARTICLE 11 (29.08.2008/561)
Price reduction declarations

The price of the consumer goods shall not be declared to be reduced any more than it actually undergoes the price previously charged by the trader.

ARTICLE 12 (29.08.2008/561)
Combined tenders and quotes

Where marketing is provided for consumer goods at a common price or by buying a commodity at a reduced price for the price of another commodity or other particular interest, the marketing shall clearly state:

(1) the content and value of the offer and the separate prices, in addition to the goods offered at a common price, unless the price of the commodity is less than EUR 10;

2) the conditions for the use of the tender, in particular the duration of the offer and the quantitative and other restrictions.

ARTICLE 13 (29.08.2008/561)
Clarification of the conditions of marketing

Where marketing is accompanied by titles, public competitions or games, the terms of participation shall be clear and understandable and easily accessible.

ARTICLE 14 (12/02/1211)
Operating charges for telephone services

The trader shall not use, in the case of a consumer goods contract, a service for the use of which a consumer is charged, in excess of the cost of the contract in connection with his/her subscription, or costs which exceed: The constructed basic price corresponding to the price corresponding to the subscription.

The basic price is the minimum price for telecommunications companies and the market share price plus 20 %. The Agency shall calculate and publish the basic price per year. The method of calculating and publishing the basic price is laid down in more detail by a decree of the Ministry of Justice.

If the trader infringes what is provided for in this section, the consumer shall be entitled to compensation from the trader for his telephone costs exceeding the maximum price referred to in paragraph 1.

The provisions of this Article shall not apply to the contract for a financial service or instrument.

§ 15 (29.08.2008/561)
More detailed provisions

More detailed provisions may be laid down by the Government Decree:

(1) the integration of product labelling and user instructions into consumer goods and the provision of information on the quality, characteristics and use of other consumer goods in marketing;

2) indication of the price of consumer goods in marketing;

3) implementing Annex I to Directive 2005 /29/EC concerning unfair business-to-consumer commercial practices between the European Parliament and the Council.

ARTICLE 16 (29.08.2008/561)
Prohibition

A trader may, where it is necessary for consumer protection, refuse to continue proceedings against the provisions of this Chapter or any provisions adopted pursuant to them, or to renew such a procedure or a similar procedure. The prohibition shall be made more effective by periodic penalty payments, unless it is unnecessary.

A prohibition may, if there is a particular reason, also apply to the person employed by the trader referred to in paragraph 1 or to another which acts on his behalf.

§ 17 (29.08.2008/561)
Determination of the ban

The prohibition, referred to in Article 16, shall be governed by a market law. The market law may also impose a ban as temporary, in which case the ban will remain in force until the matter has been finally resolved.

The consumer ombudsman may impose a prohibition on the prohibition or prohibition in accordance with Article 16, in accordance with the provisions of the (661/2012) Article 10 Provides. (30.11.2012/684)

ARTICLE 18 (22.12.2009)
Prohibition of some cases by the Regional Administrative Agency

The Regional Administrative Agency may impose a prohibition in Article 16 on a case relating to a procedure contrary to the provisions on the indication of the price of an apartment or other consumer goods if the illegality is apparent and the practice of application of the provisions In this kind of case is well established. The decision of the Regional Administrative Agency shall not be subject to appeal.

Within 14 days following receipt of the decision, the trader may refer the prohibition decision referred to in paragraph 1 to the market law. Otherwise, the decision will remain permanent.

The Regional Administrative Agency may impose a penalty payment on its imposition. The penalty payment is to be condemned by market law.

Before the regional administrative office determines the prohibition referred to in paragraph 1, it shall provide the trader with an opportunity to be heard.

When ordering the prohibition referred to in paragraph 1, the regional administrative office shall take a written decision and shall inform the parties thereof.

§ 19 (29.08.2008/561)
Order to correct marketing activities

When ordering the prohibition laid down in Article 16, the market power may oblige the marketing authorisation holder or the trader to submit a marketing adjustment if it is to be marketed by the market, if it is to be marketed by: Should be considered necessary in view of the obvious handicaps. This provision can be made more effective by periodic penalty payments.

§ 20 (22.12.2009)
Control

Market surveillance and procedures for consumer protection are supervised by a consumer ombudsman.

Consumers' ombudsmen and regional government agencies are responsible for notifying the price of consumer goods.

The conduct of the proceedings in market law is otherwise provided for by law in the context of market law (100/2013) . (31.1.2013/133)

CHAPTER 3

Regulation of contractual terms

ARTICLE 1

The trader shall not use consumer goods in the provision of a contract condition which, in view of the price of the consumer goods and other relevant factors, must be considered to be unfair to the consumer.

Where a consortium of traders draws up contractual conditions for consumer goods contracts or makes recommendations or instructions on the conditions to be used, the consortium shall ensure that its procedure does not lead to consumers Use of unfair terms. (16,1994/1259)

ARTICLE 2

The trader may, where it is necessary for consumer protection, prohibit the continuation of the exercise of the contract which is contrary to Article 1 (1) or to renew the use of such an agreement or an equivalent contract. Similarly, the association of traders may be prohibited from continuing or renewing the procedure against Article 1 (2). The prohibition shall be made more effective by periodic penalty payments, unless it is unnecessary. (16,1994/1259)

A prohibition may, if there is a particular reason, also apply to the person or other person employed by the trader, as referred to in paragraph 1, who is acting on his behalf.

ARTICLE 3

The prohibition, which is referred to in Article 2, shall be governed by a market law. The market law may also issue a temporary ban, in which case the ban will remain in force until the matter has been finally resolved. (28/122001/1547)

The consumer ombudsman may order the prohibition or prohibition as referred to in Article 2 as provided for in the Act on the Agency for Competition and Consumer Protection. (30.11.2012/684)

§ 4

Consumer protection is subject to the control of the use of contractual terms for consumer protection.

The conduct of the proceedings in market law is otherwise provided for by law in the market law. (31.1.2013/133)

CHAPTER 4

Conciliation and interpretation of the agreement (16,1994/1259)

ARTICLE 1 (16,1994/1259)

Where the condition of the contract referred to in this Act is unfair to the consumer, or if its application would lead to unreasonable conditions, the condition may be settled or disregarded. The contract shall also be subject to a commitment on the amount of consideration. When assessing unfairness, account shall be taken of the entire content of the contract, the status of the parties, the conditions prevailing at the time of the contract and, subject to Article 2, changes in conditions and other factors. (15/122000/1072)

Where the condition referred to in paragraph 1 is such that it is not reasonable for the other part of the contract to enter into force unchanged, the contract may, subject to the provisions of Article 2, be settled in other respects or may be imposed To brag.

ARTICLE 2 (16,1994/1259)

Where the contractual term referred to in Article 1 has been drawn up in advance without the consumer being able to influence its content, the restrictions laid down in this Article shall apply in the application of Article 1.

If the condition of the conditions under which the contract is concluded has been disproportionate, it will not be possible for the consumer to take account of a change in circumstances to the detriment of the consumer.

Where mediation or non-compliance with the condition concerns a condition which, contrary to good practice, leads to a significant imbalance between the rights and obligations of the parties to the detriment of the consumer, the agreement cannot be reconciled with the remainder. In this case, the remainder of the agreement will remain unchanged, if it can remain in force as such.

ARTICLE 3 (16,1994/1259)

If the condition of the contract referred to in this Act has been drawn up in advance without the consumer being able to influence its content, and the meaning of the condition arises, the condition must be interpreted in the interests of the consumer.

§ 4 (16,1994/1259)

In the event of a disagreement as to whether a prior contractual condition referred to in Articles 2 and 3 is drawn up, the trader shall substantiate his claim.

§ 5 (18.12.1998/ 416/1999)

The legal reference to the application of the law of a State outside the European Economic Area cannot be excluded from the provisions applicable in the State of the European Economic Area in the absence of a legal reference. Unfair contract terms if they are more effective in protecting the consumer against unfair contract terms than the law applicable on the basis of a legal reference.

CHAPTER 5 (5 1.1994/16)

Consumer trade

General provisions on consumer trade
ARTICLE 1 (12/02/1211)
Scope of the chapter

The provisions of this Chapter apply to the sale of goods, where the seller is the trader and the consumer as a buyer.

The provisions of this Chapter shall also apply to the order of the goods being manufactured. However, if the purchaser is required to supply an essential element of the label, the order shall be replaced by Articles 23 to 28 of this Chapter, Articles 23 to 31. Such order shall also be subject to the provisions of Articles 14 and 32 of Chapter 8.

With the exception of Articles 2 to 11, the provisions of this Chapter shall not apply to the auction of second-hand goods if the buyer is able to take part in the transaction in person.

ARTICLE 2 (5 1.1994/16)
Mandatory

A contractual clause derogating from the provisions of this Chapter to the detriment of the purchaser shall be null and void, unless otherwise specified below.

Supply of goods and liability
ARTICLE 3 (12/02/1211)
Supply of goods

Unless otherwise agreed, the goods shall be kept at the disposal of the purchaser where the seller at the time of sale had his business premises. If the seller did not have a trading venue or otherwise agreed, the vendor shall send or transport the goods to the buyer.

The goods have been released when the buyer has acquired control.

However, where the vendor has to be installed or assembled by the purchaser, the goods shall be deemed not to be surrendered for the purposes of the seller's delay until the seller has fulfilled that obligation.

Where the buyer has entrusted the transport carrier as proposed by the vendor, the goods shall be deemed to be surrendered for the purposes of the liability provisions only after the carrier has delivered the goods to the purchaser.

§ 4 (12/02/1211)
Time of donation

If it has not been agreed that the goods must be surrendered at the specified time or required, it shall be surrendered without undue delay and no later than 30 days after the conclusion of the contract.

If the buyer does not receive any credit or deferment, the seller is not obliged to dispose of the goods before the buyer pays the purchase price.

§ 5 (5 1.1994/16)
Tahier pre-donation costs

Unless otherwise agreed, the seller shall bear the costs of transport and the other costs incurred before it is released. However, this does not apply to costs which have led to a delay in the supply of a reason for the buyer's side.

ARTICLE 6 (5 1.1994/16)
Liability transition

The trader has a liability for the destruction, loss, deterioration or reduction of the buyer for an independent reason prior to its release. However, if the purchaser is not in good time picking up or receiving goods which are kept at his disposal, the purchaser is liable to the risk that the goods will deteriorate due to their intrinsic qualities after the seller has done what the supplier has done. Require.

If, in view of the buyer's fault, the seller is returned to the vendor for an inspection or an error of error, the liability for the goods shall be at the seller's disposal until the goods are returned to the buyer.

Where an open trade has been agreed and the goods have been released, the liability for the goods shall be at the buyer's disposal until the goods have been returned to the seller.

If the purchaser and the goods are destroyed, lost, degraded or dwindled for an independent reason, the buyer has to pay the purchase price.

Penalties for delay in delivery of goods
§ 7 (5 1.1994/16)
Right to abstain from payment

On the basis of the seller's delay, the buyer has the right to refrain from paying the purchase price. However, the buyer must not retain the amount of money which apparently exceeds the requirements to which he is entitled on the basis of the delay.

§ 8 (5 1.1994/16)
Right to demand fulfilment of the contract

In the event of a delay in the supply of goods, the buyer shall have the right to require the seller to comply with the contract. However, the seller is not obliged to comply with the contract if there is an obstacle to it that the seller cannot win, or if the fulfilment of the contract would require sacrifices which are disproportionate in relation to the meaning of the contract to the purchaser.

However, where an obstacle or an unrelationship ceases within a reasonable period, the purchaser may require that the seller fulfils the contract.

The purchaser loses his right to demand that the contract be fulfilled if he is procrastinating for an unreasonable length of time.

§ 9 (12/02/1211)
Trade dismantling

The buyer may be liquidated on account of the seller's delay if he has placed a reasonable period of grace for the vendor and the vendor has not supplied the goods within an additional period. In the course of an additional period of time, the buyer may terminate the sale only if the seller has refused to supply the goods within this period.

However, the buyer may, in the event of a delay in the sale of the trader, take an additional extension of the transaction if:

(1) the seller has refused to supply the goods;

(2) the supply at the agreed time of delivery is essential, taking into account the circumstances of the conclusion of the contract; or

(3) the buyer has informed the seller prior to the conclusion of the contract that the supply within a specified period or at any given time is essential.

After the termination of the contract, the seller shall, without undue delay, repay all the sums paid under the contract.

ARTICLE 10 (5 1.1994/16)
Damage compensation

The purchaser is entitled to compensation for the damage he suffers as a result of the seller's delay, unless the seller proves that the delay is the result of an obstacle outside his influence which he cannot reasonably be required to take At the time of trade and the consequences of which he could not reasonably have avoided or won.

If the delay is caused by the person who has been used by the vendor to help meet the contract or part of the contract, the seller will be released from liability only if the person concerned is free from liability under paragraph 1. The same applies if the delay is due to the seller's supplier or other prior sales step.

However, the seller of indirect damage to the buyer shall be liable only if the delay or damage is due to negligence on his side. The indirect injury shall be:

(1) the loss of income to the purchaser due to a breach of contract or the resulting measures;

(2) damage caused by other contractual obligations; and

(3) the material loss of the utility of the goods, which does not directly cause economic damage, and any other comparable harm which is essential.

However, where the damage referred to in paragraph 3 (1) to (3) is caused by the limitation of other damage, it shall not, however, be regarded as an indirect injury in this respect.

The same entitlement to compensation as the buyer has a member of his family, who is suffering damage as a result of the delay.

ARTICLE 11 (5 1.1994/16)
Notification of unloading and demand for compensation

If the goods have been surrendered as a delay, the buyer shall not divest the sale or claim damages as a result of the delay, unless, within a reasonable time, he informs the seller or the supplier of the goods, that he or she defends the sale or wants: Claim damages. However, if the buyer discontinues the transaction, he shall not be required to notify the claim for compensation separately.

Characteristics and Error
ARTICLE 12 (5 1.1994/16)
General rule of error

The goods, in terms of their variety, quantity, quality, other characteristics and packaging, shall correspond to what may be considered as agreed.

If nothing else can be considered as agreed, the goods shall:

(1) applied for the purpose for which such goods are normally used;

(2) apply for a specific purpose for which the goods were intended to be used if, at the time of the transaction, the vendor had to be aware of this purpose and had not, prior to trade, informed the purchaser that the goods may not be suitable For intended use; (13,12,1258)

(3) be in accordance with the description given by the seller and the characteristics of which the seller has referred to by presenting a sample or model; (13,12,1258)

(4) be packed in a regular or otherwise suitable manner if the packaging is necessary for the preservation or protection of the goods; and

5) durability and otherwise correspond to what the consumer normally has to expect in the context of the trade in goods.

The goods shall have the characteristics to meet the requirements laid down in the law, in the regulation or in the decision of the authority, unless the purchaser is intended to use the goods for a purpose in which that requirement does not matter.

If the goods deviates from the provisions of paragraphs 1 to 3, there is a mistake. However, the purchaser shall not be allowed to rely on a point on which he/she must assume that the transaction was made. Furthermore, the purchaser may not be allowed to rely on the fact that he has supplied the goods used for the manufacture of the goods, unless the seller's side has been negligent. (13,12,1258)

Article 12a (13,12,1258)
Error due to installation or inadequate instructions

Where the installation or assembly of the goods is included in the trade agreement and the goods have been installed by the seller or by another person on his account, there shall also be a mistake in the goods if it differs from the incorrect installation or assembly of the goods under Article 12. Provides.

It shall also be a mistake if it is not accompanied by instructions to the purchaser for the installation, assembly, use, treatment or storage of the goods.

ARTICLE 13 (13,12,1258)
Information on goods

It is also a mistake if it does not correspond to the information on the characteristics of the goods or on the use made by the vendor or by someone else in the previous sales step or on behalf of the seller in the market or otherwise prior to trade.

However, the seller shall not be responsible for the error referred to in paragraph 1 if he proves that:

(1) he was not and should not have been informed of the information given;

(2) the information could not have affected trade; or

3) the information in good time has been corrected in a clear manner.

ARTICLE 14 (5 1.1994/16)
As it is-a condition

However, where the goods have been sold 'as it is' or by a similar general reservation, it shall be considered to be a mistake if:

(1) the goods do not correspond to the information which the seller has made prior to trading on its characteristics or behaviour and which can be presumed to have contributed to the transaction;

(2) the seller, prior to trading, has failed to inform the purchaser of an essential aspect of the characteristics or use of the goods from which he has to be presumed to have known, and which the purchaser was right to expect to be informed; and The omission may be presumed to have affected trade; or

(3) the goods are in a worse condition than the purchaser, taking into account the price and other circumstances, justified the need to do so. (13,12,1258)

§ 15 (13,12,1258)
Date of predominant error

The error of the goods must be assessed on the basis of the nature of the product's characteristics as a result of the transfer to the buyer. The seller is responsible for the mistake that has been made in the goods at this time, even if the error does not occur until later.

An error shall be presumed to exist in the event of a shift of liability to the buyer if it occurs within six months from that date, unless it is demonstrated otherwise or by default or contrary to the nature of the goods.

If the goods deteriorate after the transfer of the risk to the buyer, the goods shall be considered to be a mistake if the deterioration is due to the seller's breach of contract.

Article 15a (13,12,1258)
The importance of the guarantee

If the seller is committed to meet the useful or other characteristics of the goods for a specified period ( Guarantee ), the goods are considered to be a mistake if, during this period, the goods deteriorate within the meaning of the guarantee. However, there is no margin of error if the seller is likely that the deterioration is due to an accident, mistreatment of the goods or any other aspect of the buyer's side.

Where a guarantee has been issued by someone other than the seller on the earlier stage of sale or on behalf of the seller, the goods shall be deemed to be an error under the conditions laid down in paragraph 1. However, the seller is not responsible for an error which, by the way, would not be liable under this Chapter if the seller indicated that he had informed the purchaser in a clear manner prior to trade.

This guarantee shall be without prejudice to the error liability provided for in this Act.

Article 15b (13,12,1258)
Information on the guarantee

The guarantee shall clearly indicate:

(1) the content of the guarantee and the fact that the buyer has rights under the law, and that it is guaranteed not to restrict those rights; and

(2) the guarantor, the duration and area of the guarantee and any other information necessary for the presentation of the guarantee.

At the purchaser's request, the guarantee shall be provided in writing or by electronic means in such a way that the data cannot be unilaterally changed and that they remain available to the purchaser.

The buyer has the right to invoke the guarantee, even if it does not meet the requirements laid down in this article.

Error penalties
ARTICLE 16 (5 1.1994/16)
Error notice

The purchaser shall not rely on the defect of the goods unless he notifies the seller within a reasonable time of the error of finding or should have observed the error. However, a mistake may always be made within a period of two months from the date on which the buyer detected a defect and may also be made to the trader who has conveyed or committed to the trader's account of the characteristics of the goods. (13,12,1258)

Notwithstanding paragraph 1, the buyer may invoke the defect if:

(1) the seller has been grossly negligent or undignified and unworthy;

(2) The error is based on the fact that the goods do not comply with the requirements of the product safety law (19/87) Or other provisions or provisions adopted to protect health or property; or

3. The error is based on the fact that the goods are dangerous to health or property.

Product safety L 914/1986 Has been repealed with L for the safety of consumer goods and consumer services 75/2004 , see Consumer safety L 920/2011 .

§ 17 (5 1.1994/16)
Right to abstain from payment

On the basis of a mistake, the buyer has the right to refrain from paying the purchase price. However, the buyer must not retain the amount of money which apparently exceeds the requirements to which he is entitled on the basis of a mistake.

ARTICLE 18 (5 1.1994/16)
Error correction

The purchaser shall have the right to require the seller to correct the error or to supply the wrong goods. Such adjustment shall be effected within a reasonable time and in such a way that the purchaser does not incur any costs or material injury. However, the seller is not obliged to correct a mistake if there is an obstacle to it that he cannot win, or if it would cost him excessive costs. In particular, it shall take into account the importance of the error and the value of the goods if it is in accordance with the agreement, and whether the adjustment can be carried out in any other way without causing significant inconvenience to the purchaser. (13,12,1258)

Even if the buyer does not require correction or incorrect goods, the seller may, at his own expense, carry out such an adjustment if he/she is promptly offered to do so by the purchaser. The buyer may refuse to correct an error if it would cause him a material disadvantage, a reduction in the value of the goods or the risk that the costs incurred by the purchaser are not reimbursed, or if there is another specific reason for refusal.

The seller shall not rely on the fact that he has not had the opportunity to rectify the error referred to in paragraph 2 if the buyer has remedied the error and, taking into account the circumstances, cannot reasonably be required by the purchaser to wait for the correction Side.

§ 19 (13,12,1258)
Price reduction and trade dismantling

If the correction of an error or the supply of incorrect goods does not arise, or unless such an adjustment is carried out within the meaning of Article 18, the purchaser shall:

(1) require a corresponding reduction in the price; or

2) Dissolve the transaction, unless the error is negligible.

§ 20 (5 1.1994/16)
Damage compensation

The purchaser is entitled to compensation for the damage he suffers due to a miscarriage of goods. However, the seller of indirect damage within the meaning of Article 10 (3) and (4) shall be liable only if the defect or damage is due to negligence on his side, or if the goods at the time the goods were sold where the seller is In particular committed.

The same entitlement to compensation as the buyer has a member of his family who is suffering damage as a result of the error.

ARTICLE 21 (5 1.1994/16)
Product damage

In the event of damage to property other than the goods sold, the liability of the vendor shall be subject to the provisions of Article 20 only if the damage is to the property which has direct access to the goods sold.

If the seller pays compensation under paragraph 1, the right of the recipient to claim compensation for the loss in respect of the product liability (694/90) Is transferred to the seller in the same way. What Article 10 of the Product Liability Act Shall also apply to the seller's right to compensation.

The provisions of this Chapter shall not apply to the compensation of personal injury caused by the characteristics of the goods.

§ 22 (5 1.1994/16)
Non-vendor liability

In the case of a defect within the meaning of Article 13 (1), the obligation to compensate the purchaser for the damage caused by the error shall apply to the extent to which the seller's liability is laid down above. (24.5.2002)

If any other than the seller is committed to rectifying the defect in the goods or otherwise in charge of the characteristics of the goods, the obligation to compensate the purchaser for the damage caused by the failure to fulfil the undertaking shall be applied accordingly, As provided for by the seller's liability.

Obligations of the buyer and penalties for the buyer's contract
ARTICLE 23 (5 1.1994/16)
Trade price

If the price of the goods cannot be considered as agreed, the purchaser shall pay a price which is reasonable, taking into account the quality and characteristics of the goods, the fair price of the transaction and other circumstances. Where the seller has marketed the goods at the price or the price level of the transaction, which may be presumed to have affected trade, the price is determined in accordance with the information provided.

§ 24 (5 1.1994/16)
Payment date

Unless otherwise agreed, the purchaser shall pay the purchase price if the seller so requires, but not before the goods are available to him under the contract.

The purchaser shall have the right before payment of the purchase price to check the goods in accordance with the usual conditions, unless such an inspection is incompatible with the agreed release and payment method.

Where payment is made through a bank or postal service, the payment shall be deemed to have occurred on the date on which the bank or the mail has approved the appropriate payment order by the seller or post.

ARTICLE 25 (5 1.1994/16)
Withdrawal of orders

If the buyer breaks the contract by cancelling the goods before the goods are released, the seller is not entitled to stay in the contract and demand payment of the purchase price. Instead, the seller is entitled to compensation for the damage suffered by him in accordance with Article 28.

§ 26 (5 1.1994/16)
Interest rate on delay

If the buyer is delayed in the payment of the purchase price, the seller has, when the transaction is not withdrawn or dismantled, the right to interest in the interest rate law (263/82) In accordance with

§ 27 (5 1.1994/16)
The seller's right to dismantle trade

If the buyer is delayed in payment of the purchase price, the seller may terminate the transaction if the breach of contract is material.

If the seller has set an additional period for the payment of the purchase price, which is not excessively short, and the buyer does not pay the fee within an additional period, the vendor shall also take up the transaction. In the course of an additional period of time, the seller may terminate the sale only if the purchaser declares that he does not make a payment within this period.

If the buyer has obtained control of the goods, the vendor shall only terminate the sale if he has retained the right to do so or if the buyer rejects the goods. The seller's right to invoke the condition of re-admission when the buyer has received credit is laid down in Chapter 7.

The seller shall not be allowed to land on account of the buyer's late payment after the delayed payment has been made.

ARTICLE 28 (5 1.1994/16)
The seller's right to damages

If the seller is unloaded on account of the buyer's late payment, before the buyer has received control of the goods or if the buyer withdraws the goods in accordance with Article 25, the seller shall be entitled to compensation for the special costs which he or she may incur. Resulting from the conclusion and completion of the contract and which are likely to be rendered useless, as well as the specific costs resulting from the dismantling or cancellation of trade.

For any other injury, the seller is entitled to compensation, which is reasonable, taking into account the price of the goods, the date of termination of the contract or the cancellation of the contract, the measures taken to fulfil the contract and the other elements.

The contract under which the vendor reserves the right to a predetermined allowance for cancellation or demolition is valid if the compensation provided for in the contract is reasonable, taking into account the compensation to which the seller, under paragraphs 1 and 2, normally would have: Justice.

However, the seller does not have the right to compensation provided for in this Article if the late buyer's late payment or the withdrawal of the order is due to the provision of the law, the interruption of public transport or the payment of charges, or any other similar obstacle, Which the buyer cannot reasonably avoid or win.

Other provisions in consumer trade
§ 29 (13,12,1258)
Application of trade law

Trade law (355/1987) Shall apply to trade within the meaning of this Chapter, in so far as it is not otherwise provided for by the provisions of this Act. However, the trade referred to in this Chapter shall not apply to: Article 13 of the Commercial Code (3), Article 15, Article 20 (2) and (3), Articles 24, 31 and 35, Article 39 (2), Article 47, Article 49 (3), Article 57 (2), Articles 58 and 60, Article 63 (1) and Article 73 (2). What Article 19 of the Commercial Code (2) and Article 37 (2) shall not apply to an auction covered by this Chapter. What Articles 68 and 69 of the Commercial Code Provides for the seller's right to compensation for the difference in prices, does not apply to trade within the meaning of this Chapter. What Article 76 of the Commercial Code (2) shall not apply where the buyer is subject to the obligation of care. The seller does not Articles 75 to 78 of the Commercial Code Shall not be entitled to a higher rate of compensation than those provided for in Article 28 of this Chapter.

§ 29a (13,12,1258)
Restriction of reference to consumer goods

The reference to the law applicable to the law of a non-eea State cannot be excluded from the provisions in force in a State belonging to the European Economic Area in the absence of a legal reference. Consumer protection where they protect the buyer more effectively than the law applicable on the basis of a legal reference.

ARTICLE 30 (5 1.1994/16)
Limitation of injury and settlement of damages

The injured party shall take reasonable steps to limit its damage. If he fails to do so, he will suffer for the loss himself.

Any award of damages on the basis of a breach of a contract may be settled if it is disproportionate taking into account the cause of the breach, the potential contribution of the counterparty to the injury, the property conditions of the parties, the price of the goods, the damage The ability of the agent to anticipate and prevent the occurrence of injury and other factors.

The compensation to be paid by the purchaser under Article 28 may be settled, in particular if the late payment or the cancellation of the order is due to the difficulties of payment in respect of illness, unemployment or other particular circumstances. Mostly omatta charges.

ARTICLE 31 (5 1.1994/16)
Erroneability of previous sales drills

The purchaser shall have the right to direct his claim, in accordance with the provisions of this Chapter, also to the trader who, at the previous point of sale, has supplied the goods for resale.

However, the buyer does not have the right under paragraph 1:

(1) if the error was made by the trader for a reason which was independent of the trader after he continued to supply the goods;

(2) in so far as the requirement is based on a commitment other than that made by the trader, which places the purchaser in a better position than the provisions of this Chapter without that undertaking; and

(3) in so far as the requirement relates to a price reduction or the return of the purchase price and exceeds what the trader in question could have demanded on the same basis, if any Are not taken into account.

The buyer loses his right to make claims pursuant to paragraph 1 if he does not inform the trader or fails to inform the trader of a subsequent error in the time limit provided for in Article 16 (1) and if the buyer: Had at its disposal the necessary information concerning the trader. However, the purchaser may rely on an error if the trader, to which the claim is addressed, has been grossly negligent or undignified, or in the event of a defect within the meaning of Article 16 (2) (2) or (3). (13,12,1258)

ARTICLE 32 (5 1.1994/16)
Misliability of other trader

If the seller has made use of the contract with the help of another trader and his performance is a mistake, the provisions of Section 35 of Chapter 8 provide for the right of the subscriber to make claims for the contractor to be assisted by the contractor. To the trader, the buyer's right to make claims to the trader who is assisted by the seller.

Chapter 6 (12/02/1211)

Home sales and distance selling

ARTICLE 1 (12/02/1211)
Scope

This chapter provides for the collection and distance marketing of consumer goods.

ARTICLE 2 (12/02/1211)
Scope of application

The provisions of this Chapter shall not apply:

(1) agreement on financial services or instruments;

(2) the sale or rental of immovable property or any other right to an agreement on immovable property;

3) an agreement falling within the scope of the Housing Act;

(4) the Convention on the Extradition of Housing Law, as referred to in the Act on Housing Housing;

(5) a room rental agreement within the meaning of the law on the rental of the residence;

6) an agreement falling within the scope of Chapter 10;

(7) a contract falling within the scope of the package;

(8) an agreement on the service covered by the lottery law;

(9) by means of a distribution vending machine or an agreement in a automated business mode;

(10) in the case of a paid public telephone, an agreement with the operator;

(11) an agreement on the individual supply of food or other daily consumer goods to the consumer's residence or to the workplace by means of a regular distribution system.

ARTICLE 3 (12/02/1211)
Certain restrictions on the scope of the application

The provisions of this Chapter shall not apply if the price of the consumer goods is less than EUR 30. However, if more than EUR 30 is sold at the same time, or if the contract concerns the continuous or repeated delivery of commodities, the provisions of the Chapter shall, however, apply.

In the case of a service at the place where the trader arrives at the express request of the consumer, the provisions of the chapter on doorstep sales shall not apply either:

1) the Social Services Agreement;

(2) an agreement on health services provided by a health professional to the consumer to assess, maintain or restore his health.

§ 4 (12/02/1211)
Application of the provisions to certain services

Article 12 (2) and (3) and Article 25 shall apply to passenger services contracts.

In the case of a single service for a single service, the contract for which the contract is terminated immediately when the consumer contacts the service provider, Article 12 (2) to (4), and Articles 13 and 14 shall not apply.

§ 5 (12/02/1211)
Mandatory

A contractual clause derogating from the provisions of this Chapter to the detriment of the consumer shall be null and void, unless otherwise specified below.

ARTICLE 6 (12/02/1211)
Definitions related to doorstep sales

The Home Dealer Contract Means an agreement that is concluded or is made by the consumer in a place other than off-premises while at the same time being present. The term 'home sales contract' also means an agreement which is concluded:

(1) at the premises of the trader or in distance communication immediately after the consumer has been individually contacted in a place which is not the business of the trader; or

(2) by organising a tour of the trader with the purpose or effect of providing consumer goods to the consumer.

In the service Means:

(1) a fixed point of sale where the trader provides consumables on a permanent or seasonal basis;

2) a movable place of sale where the trader provides consumables in a normal or seasonal manner.

§ 7 (12/02/1211)
Distance marketing definitions

Distance selling agreement Means a consumable contract for a sale or service provision system created for distance selling, which shall be concluded without the parties being present at the same time and for which only one or more means of distance communication are used.

Distance message Means a telephone, mail, television, information network and other instrument that can be used for the conclusion of the contract without the parties being present at the same time.

§ 8 (12/02/1211)
Other definitions

For the purposes of this chapter:

(1) The ancillary contract An agreement on a home or distance selling contract for consumer goods supplied by the trader or a third party on the basis of a contract or other arrangement between the third party and the trader;

(2) In a permanent manner, The provision of information in person, in writing or by electronic means, in such a way that the recipient can record and duplicate the data unaltered;

(3) Electronic transmission of digital content Transmission of data generated and transmitted in digital form, by download, rectangular or otherwise.

§ 9 (12/02/1211)
Pre-contractual information

Before concluding a home or distance contract, the consumer shall be provided with the following information:

(1) the main characteristics of the consumer product, to the extent that it is appropriate, taking into account the consumer goods and the message used;

(2) the trader's name;

(3) the geographical address of the trader in the State of establishment and, where the trader acts as a representative or representative of another trader, the name and geographical address of his client;

(4) the trader's telephone, fax number and e-mail address, if available;

(5) the geographical address of the trader to which the consumer can submit his complaint if the address differs from the address referred to in paragraph 3 and, where the trader acts as a client of another trader; or As a representative, the same information on his client;

(6) the total price of consumables and taxes, or, where the exact nature of the commodity cannot reasonably be calculated in advance, the criteria for determining the price;

(7) where applicable, delivery and other expenses not included in the total price of consumer goods or, where these costs cannot reasonably be calculated in advance, information that such additional costs may be incurred;

(8) the cost of using a means of communication for the conclusion of the contract if it is charged more than the basic price;

(9) the conditions of payment, delivery and other fulfilment of the contract and, where appropriate, customer complaints practices;

(10) where appropriate, the conditions, deadlines and procedures for the exercise of the right of withdrawal;

(11) where appropriate, information that, if the consumer withdraws the contract, he shall bear the cost of returning the goods, including information on the amount of return costs if the goods are not recoverable by their nature; In the normal manner by post;

(12) information that, if the consumer exercises his right of withdrawal after making a request for the service referred to in Article 15 (1), he shall pay the trader the costs referred to in Article 19 (1);

(13) where appropriate, information on the absence of a right of withdrawal or the circumstances in which the right of withdrawal may be lost;

(14) an indication of the legal liability for defective goods;

(15) where appropriate, an indication of customer support, other post-trading services and guarantees and the conditions governing them;

(16) an indication of the existence of a code of conduct and, where appropriate, information on how to obtain a copy of them;

(17) where appropriate, the duration of the contract or, where the contract is in force for the time being or is automatically extended, the conditions for its termination;

(18) where appropriate, the minimum duration of the consumer contract obligations;

(19) where applicable, information on the financial collateral required by the trader and the conditions applicable to them;

(20) where appropriate, the functionality of digital content, including the interoperability of digital content with hardware and software, in so far as the trader knows or can reasonably be expected to know;

(21) information on the possibility and means to bring a dispute before the Consumer Centre or any other similar body.

The information referred to in paragraph 1 (2) to (5) may be replaced by the information equivalent to the auctioneer in which the consumer can participate in an auction to which the consumer can take part in any way other than a distance message.

In addition to the information referred to in paragraph 1 (10), if the consumer has a home or distance selling contract, the withdrawal form shall be accompanied by a withdrawal form. The information referred to in paragraph 1 (10) to (12) may be provided in the withdrawal instructions. The form and content of the withdrawal form and instructions are laid down by a decree of the Ministry of Justice.

ARTICLE 10 (12/02/1211)
Other information to the consumer

At the start of the telephone conversation, the trader shall indicate his name and, where appropriate, the name of the person on whose behalf he is acting, and the commercial purpose of the call.

Websites which engage in trade must be informed in a clear manner at the latest, at the latest when the order procedure starts, of any restrictions on delivery and on which means of payment are accepted.

ARTICLE 11 (12/02/1211)
Advance information in experimental sales

The information referred to in Article 9 and the withdrawal form and instructions shall be provided to the consumer in a clear and intelligible manner, on paper or in any other permanent manner, in agreement with the consumer.

ARTICLE 12 (12/02/1211)
Advance information for distance selling

The information referred to in Article 9 and the withdrawal form and instructions shall be given or made available to the consumer in a clear and comprehensible manner to the consumer. If the information or the form or instructions are given in a permanent manner, they shall be in a legible form.

Where an electronic contract for the consumer is subject to the obligation to pay, the consumer shall be informed of the points referred to in points 1, 6, 7, 17 and 18 of Article 9 (1) in a clear manner and immediately before the consumer takes his orders. The trader shall also ensure that the consumer explicitly accepts the payment obligation relating to the order.

If the trader has not complied with the provisions of paragraph 2, the consumer shall not be bound by the contract. If the consumer wishes to invoke the non-binding nature of the contract, he shall inform the trader at the latest one year after the conclusion of the contract. If the contract lapses after the consumer has been withdrawn, the trader shall without delay, and no later than 30 days after the notification, return the contributions received and reimburse the consumer for returning the goods. Costs incurred.

If the contract is concluded by means of distance communication with limited space or time to display the information, the trader shall, before the conclusion of the contract, notify that message at least in accordance with Article 9 (1) (1), (2), (6), (7), (10) and (17); Information referred to.

ARTICLE 13 (12/02/1211)
Data strengthening

In the case of domestic sales, the trader shall provide the consumer with a copy of the contract award or the signed contract on paper or with the consent of any other durable medium.

For distance selling, the trader shall provide the consumer with confirmation of the contract concluded within a reasonable period of time on the conclusion of a distance selling contract and at the latest at the time of delivery of the goods or before the performance of the service is commenced. The confirmation shall be provided in a permanent manner and shall include all the information referred to in Article 9 and the withdrawal form and instructions, unless the trader has already supplied such information in a permanent manner to the consumer.

Where the transmission of digital content by electronic means is initiated before the end of the withdrawal period, confirmation shall also include the prior consent referred to in Article 15 (2) and the notification to the consumer of the effect of the prior consent The right of withdrawal.

ARTICLE 14 (12/02/1211)
Right of withdrawal

The consumer shall have the right to withdraw from a home or distance selling contract by means of a withdrawal form or any other unambiguous manner to the trader at the latest 14 days after the service contract or electronically supplied On the conclusion of an agreement on digital content, in the sale of goods or of the last batch of goods, or, in the case of a regular supply of goods, the receipt of the first batch of goods.

If the trader has failed to provide the consumer with the information referred to in Article 9 (1) (10), the withdrawal period shall end 12 months after the end of the period referred to in paragraph 1 of this Article or, if the trader Remedy the deficiency at this time, 14 days after the date on which the consumer received this information.

Where the trader provides the consumer with the opportunity to inform the consumer of the cancellation via its website, the trader shall inform the consumer of the arrival of the notice of withdrawal in a permanent manner without delay.

§ 15 (12/02/1211)
Execution of the service before the end of the withdrawal period

A non-digital content service may be carried out before the end of any withdrawal period if the consumer has made a specific request to that effect. The request shall be made in a permanent manner in the case of the request.

Transmission of digital content by electronic means may be initiated before the end of any withdrawal period if the consumer has given its explicit prior consent.

ARTICLE 16 (12/02/1211)
Restrictions on the right of withdrawal

Unless otherwise agreed, the consumer shall not have the right of withdrawal provided for in Article 14 if:

(1) the service is complete or the transmission of digital content by electronic means has been initiated before the end of the withdrawal period following a request or consent within the meaning of Article 15 of the consumer and the consumer has been informed of the right of withdrawal; In such cases;

(2) the price of consumables depends on fluctuations in financial markets that cannot be affected by the trader and which may occur in the form of a cancellation;

(3) the contract covers goods which are manufactured or modified in accordance with the requirements of the consumer or which are clearly equivalent to personal needs;

(4) the contract shall apply to goods which may rapidly deteriorate or expire, or which, by their nature, are inextricably mixed with other goods after its delivery;

(5) Sealed goods which are not recoverable from health or hygiene reasons have been opened;

(6) the contract covers alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the contract, which can be delivered no earlier than 30 days and whose actual value depends on fluctuations in the market to which the trader cannot: Effect;

(7) the contract is for urgent repair or maintenance work at the place where the trader arrives at the express request of the consumer;

(8) the sealed audio or visual record or computer program has been opened;

(9) the contract covers the provision of a single newspaper or magazine or a magazine;

(10) an agreement has been concluded in an auction to which the consumer can participate in any way other than a distance message;

(11) The contract covers the provision of accommodation for non-residential purposes, the transport of goods, car rental service, restaurant service or leisure service, and the contract requires performance at a specified time or time limit.

§ 17 (12/02/1211)
Repayment of performance

If the consumer withdraws a home or distance selling contract, he shall return the goods received without delay and no later than 14 days after the withdrawal declaration is made, unless the trader has undertaken to collect the goods himself. The consumer shall bear the direct costs resulting from the return of the goods, unless the trader has undertaken to meet them. The consumer's right not to pay the costs referred to above, if the trader has failed to notify them, is laid down in Article 24 (1).

However, if the goods have been delivered to the consumer at the time of the contract, the trader shall, at his own expense, retrieve the goods at his own expense, provided that the goods are not, by their nature, recoverable in a normal manner by post.

The trader shall, without delay and at the latest 14 days after the notification of the withdrawal, reimburse the expenses received from the consumer, with the exception of the additional costs incurred by the consumer for the choice of On the cheapest standard delivery service offered by the trader. However, the trader shall be entitled to deduct from the refund until he has recovered the goods or until the consumer has shown that he has returned the goods unless the trader is required to collect the goods himself.

The trader shall reimburse the services received in the manner in which the consumer used the original transaction, unless the consumer has expressly agreed to the other arrangement. The refund shall not result in costs for the consumer.

ARTICLE 18 (12/02/1211)
Responsibility for the goods received

If the goods have been received by the consumer, he shall keep it substantially unchanged and remain unchanged until he has decided to keep the goods.

However, if the consumer withdraws the contract after the imposition of the goods, he shall be responsible for the reduction in value. The goods shall not be deemed to have been put into service if the consumer has only processed the goods as is necessary to establish its character, characteristics and performance.

The consumer shall not be liable for impairment if the trader has failed to provide the consumer with the information on the right of withdrawal referred to in Article 9 (1) (10).

§ 19 (12/02/1211)
Compensation before cancellation of service

If, before the end of the withdrawal period, the provision of a non-digital content service has started before the end of the withdrawal period, the consumer shall, in the event of withdrawal, be paid out of the performance of the contract to be awarded in order to fulfil the contract Reasonable remuneration for the trader.

However, the consumer has no obligation to pay, in whole or in part, during the withdrawal period if the trader has failed to provide him with the information referred to in Article 9 (1) (10) or (12) or if: The trader has initiated the withdrawal period without the express request of the consumer referred to in Article 15 (1).

§ 20 (12/02/1211)
Retaining and restoring goods in certain cases

If the trader has an obligation to retrieve the goods from the consumer, the consumer must, in the event of withdrawal, keep the goods received at the place where the trader has supplied it, or Of which the trader can retrieve it without difficulty. The consumer shall inform the trader of the place where the goods can be retrieved.

The consumer's liability for the maintenance of the goods shall cease two months after receipt of the goods. The consumer shall receive the goods free of charge unless the goods are collected by the trader in that period unless it is manifestly unreasonable for the trader.

ARTICLE 21 (12/02/1211)
Cancellation of credit or insurance contract

If the consumer withdraws a home or distance selling contract, the ancillary credit or insurance contract shall be cancelled without measures.

In the event of cancellation of a credit or insurance contract, the credit or insurer shall, without delay, and no later than 30 days after the cancellation of the contract, be reimbursed by the consumer. The insurer's right to claim a payment for the policyholder's prior insurance cover is governed by the contract law (543/1994) Article 45 .

§ 22 (12/02/1211)
Cancellation of the other ancillary contract

If the consumer withdraws a home or distance selling contract, the ancillary contract referred to in Article 21 shall be cancelled without measures. In addition to the costs to be recovered on the basis of Articles 17 to 19, the consumer shall not incur any other costs.

ARTICLE 23 (12/02/1211)
Interest rate on delay

For the consumer's right to interest in late payment in situations where the trader or the credit or insurer is required to return the price or any other payment, the consumer has not returned, within the period laid down in Articles 12, 17 or 21, what the consumer is Paid, laid down in the district law.

§ 24 (12/02/1211)
Penalties for infringement of certain provisions

Where the trader has not provided the consumer with the additional costs or other costs referred to in Article 9 (1) (6), (7) or (11) before the contract is awarded, the consumer shall not be obliged to pay them.

In the case of a digital content contract, the consumer shall not be obliged to pay in full or in part the service provided if:

(1) the transmission of digital content has been initiated during the withdrawal period without the express prior consent of the consumer within the meaning of Article 15 (2);

(2) the consumer has not been informed that, in giving consent, he loses his right of withdrawal; or

(3) the trader has failed to provide the consumer with the confirmation referred to in Article 13.

ARTICLE 25 (12/02/1211)
Penalties for infringement of the provisions

In addition to the penalties provided for in this Chapter, the trader, which is in breach of the provisions of this Chapter, may, if it is necessary for consumer protection, prohibit the continuation or renewal of such a procedure, or The same procedure. The imposition of a ban and the periodic penalty payment are laid down in Chapters 2 and 3.

Chapter 6a (21.1.2005/29)

Distance selling of financial services and financial instruments

ARTICLE 1 (21.1.2005/29)
Scope

This Chapter provides for distance selling where the trader provides the consumer with:

(1) deposit or customer accounts;

(2) payment services;

(3) credit or their intermediation;

(4) insurance or their intermediation;

(5) fund shares or other securities subject to securities law,

(6) securities settlement or other investment services;

(7) investment advice; or

8) other financial services or financial instruments.

The financial services provided for in this Chapter shall also apply to financial instruments.

ARTICLE 2 (21.1.2005/29)
Restrictions on the application of provisions in certain cases

Where the distance contract between the trader and the consumer concerns the continuous or repeated execution of similar financial services, the provisions of this Chapter shall not apply to individual services based on the contract.

Where the same parties repeatedly agree on similar financial services, Articles 5 to 11 of this Chapter shall apply only to the first agreement. However, Articles 5 to 11 shall also apply if longer than one year after the previous agreement.

ARTICLE 3 (21.1.2005/29)
Mandatory

A contractual clause derogating from the provisions of this Chapter to the detriment of the consumer is void.

§ 4 (21.1.2005/29)
Definitions

Distance selling For the purposes of this Chapter, the provision of a financial service to the consumer by means of a remote supply method organised by the trader, where the contract and the prior marketing of the contract are used exclusively for one or more of the Remote communication.

Remote supply method Means a marketing or selling order, organised in such a way that its main objective may be to conclude contracts by means of a remote communication device.

Distance message Means a telephone, mail, television, information network or any other instrument that can be used for the conclusion of the contract without the parties being present at the same time.

§ 5 (21.1.2005/29)
Obligation to provide information before concluding the contract

In addition to the other information obligations laid down in the law, the consumer shall be provided in good time before the conclusion of the contract with the information referred to in Articles 6 to 9 concerning the trader, the financial service to be provided, the distance contract and Legal remedies. The information shall be provided in a manner that is appropriate, clearly, intelligible and comprehensible to the remote communicator used, and that the commercial purpose of the data becomes clear.

ARTICLE 6 (21.1.2005/29)
Prior information on the trader

The trader shall include at least the following information:

(1) the name and principal activity, the geographical address in the country of establishment and the geographical address of the place of establishment of the customer relationship;

(2) any branch or other representative in the State of habitual residence of the consumer and the geographical address of the branch or representative of the branch in which the customer relationship is handled;

(3) the name of the trader or agent acting on behalf of the trader, the geographical address of the operator holding the customer relations and the representative nature of the activities where the consumer is dealing with an intermediary or agent;

(4) to which trade register or any similar public register, the trader may have been registered, as well as the trader's company and community logo or other equivalent identifier in that register;

(5) the contact details of the relevant supervisory authority if the exercise requires authorisation or registration.

§ 7 (21.1.2005/29)
Prior information on financial services

The financial service shall include at least the following information:

(1) a description of the main characteristics of the financial service;

(2) the sum of the charges, allowances and other expenses to be charged to the consumer, including taxes or, where the exact amount cannot be declared, the bases for the assessment of costs;

(3) a comment on a possible tax on extradition, a transfer tax and any such taxes or public charges related to the purchase of financial services, of which the trader knows and which the consumer may have to carry out in paragraph 2; , in addition to the costs payable to the trader;

(4) the payment of expenses and the arrangements for filling the contract;

(5) the costs arising from the use of a means of distance communication if it is charged more than the basic price;

(6) where appropriate, a comment that the financial service may be associated with the risk of loss of assets or other specific risk, and that the earlier price or value evolution is not a guarantee of future developments;

7) any restrictions on the period of validity of the information provided.

§ 8 (21.1.2005/29)
Prior information on the distance contract

The distance contract shall include at least the following information:

(1) information on the right of withdrawal or the fact that it is not legally required;

(2) the withdrawal period, the amount of compensation which may be claimed by the consumer as a result of revocation, or the basis of assessment, if the exact amount of the compensation cannot be declared, and other conditions governing the exercise of the right of withdrawal; and Instructions;

(3) the minimum duration of the contract if the contract concerns the continued or repeated execution of financial services;

(4) any right to terminate or terminate the contract or to terminate the contract prematurely on the basis of a law or a contractual relationship and the consequences of such measures;

(5) which, in accordance with the law of the State, prior information is provided;

(6) any contractual terms and conditions of agreement on the law applicable and the competent court;

(7) in which language or languages the consumer may obtain prior information and contract terms as provided for in Article 11, and which language or languages the trader undertakes to use during the contractual relationship.

§ 9 (21.1.2005/29)
Prior information on remedies

Legal remedies shall include at least the following information:

(1) whether the consumer has access to out-of-court redress procedures and, if so, how the consumer can use them;

(2) consumer protection funds or other compensation arrangements that are not based on European Community law.

ARTICLE 10 (21.1.2005/29)
Prior information for telephone sales

At the start of the debate, the consumer shall, at the start of the debate, indicate the name of the trader, the name of the person who is talking to the consumer and the commercial purpose of the call.

The trader shall not be required by telephone to provide all the information mentioned in Articles 6 to 9 if the consumer expressly agrees. In this case, the consumer shall be informed that he may obtain further information if he so wishes, specifying the additional information. However, the following information shall always be provided:

(1) the relationship between the person who is talking to the consumer and the trader, such as whether he is employed by the trader or by an agent, other representative or intermediary acting on his behalf;

(2) a description of the main characteristics of the financial service;

(3) the sum of the charges, allowances and other expenses to be charged to the consumer, including taxes or, where the exact amount cannot be disclosed, the bases for the assessment of expenditure;

(4) a comment on a possible tax on extradition, a transfer tax and any such taxes or public charges related to the purchase of financial services, of which the trader knows and which the consumer may have to perform in paragraph 3; , in addition to the costs payable to the trader;

(5) information on the right of withdrawal or the fact that it is not legally required;

(6) the withdrawal period, the amount of compensation which may be claimed by the consumer as a result of revocation, or the basis of assessment, if the exact amount of the compensation cannot be declared, and other conditions governing the exercise of the right of withdrawal; and Instructions.

ARTICLE 11 (21.1.2005/29)
Submission of prior information and contract terms in writing or in a permanent manner

Prior information and contractual terms shall be communicated to the consumer in person, in writing or by electronic means in good time before the contract is concluded, so that the consumer can record and duplicate them unchanged. The same shall apply to the information provided by the trader in accordance with other legislation to the consumer prior to the conclusion of the financial service contract.

If, at the request of the consumer, the contract is concluded by means of distance communication, that information and contract terms cannot be provided in a permanent manner within the meaning of paragraph 1 prior to the conclusion of the contract, the information and contract terms shall be provided in a permanent manner. Without delay after conclusion of the contract.

During the contractual relationship, the consumer shall have the right to obtain contract terms on paper.

ARTICLE 12 (27.8.2010/746)
Right of withdrawal

The consumer shall have the right to withdraw from the contract by informing the trader within 14 days of the conclusion of the contract or of the subsequent date on which the consumer has obtained the prior information and the terms of the contract in a permanent manner.

Paragraph 1 and Articles 14 to 16 provide for the withdrawal of the contract shall not apply to consumer credits or insurance. Moreover, the consumer credit shall not be subject to the provisions of Article 13 (1). The consumer's right to withdraw from the consumer credit agreement and to pay early consumer credit is set out in Chapter 7. The insurance policy holder's right to withdraw and terminate the insurance contract is laid down in the Insurance Contract Act (543/1994) .

Notwithstanding the provisions of paragraph 2, paragraph 1, Articles 14 to 16 and Article 13 (1) shall apply to loans granted by a pawnbroker.

ARTICLE 13 (12/02/1211)
Cancellation of the ancillary contract

The other distance contract related to the contract for distance selling of a financial service shall automatically be cancelled if the consumer is to withdraw the main contract if the same trader also provides an ancillary service. The ancillary contract shall also be cancelled if the third party provides the ancillary service on the basis of an agreement between the trader and the third party or any other arrangement.

ARTICLE 14 (21.1.2005/29)
Restrictions on the right of withdrawal

The right of withdrawal provided for in Article 12 shall not be exercised by the consumer if:

(1) the price or value of the financial service or financial instrument depends on changes in financial markets to which the trader cannot influence; or

(2) the parties have already fulfilled their contractual obligations as a whole at the express request of the consumer.

§ 15 (21.1.2005/29)
Compensation before cancellation of service

If the consumer withdraws the contract, he shall be entitled to compensation only for a service which the trader has actually carried out in accordance with the contract prior to withdrawal. The compensation shall not exceed the amount obtained by comparing the service provided with the services provided for in the contract as a whole.

If the trader has not notified the compensation or the basis for his assessment in advance, or if he has initiated the contract without the consumer's express request, the consumer shall not be required to reimburse the service rendered.

ARTICLE 16 (21.1.2005/29)
Repayment of performance

The consumer shall, without delay, and no later than 30 days after the notification of the withdrawal, return to the trader any payment or other property received on the basis of the contract, that the withdrawal shall otherwise lapse. However, the consumer shall refrain from fulfilling his duty of return until the trader fulfils his or her own equivalent obligation.

The trader shall, without delay and no later than 30 days after notification of the withdrawal, return to the consumer any performance received under the contract. Reimbursable contributions may be deducted from the compensation which the trader, under Article 15, has the right to recover from the consumer before withdrawing the contract.

§ 17 (21.1.2005/29)
Restriction on legal references

The reference to the law applicable to the law of a non-eea State cannot be excluded from the provisions in force in a State belonging to the European Economic Area in the absence of a legal reference. The distance marketing of financial services if they protect the consumer more effectively than the law applicable on the basis of a legal reference.

ARTICLE 18 (21.1.2005/29)
Consumers' right to exchange distance communication

During a contractual relationship, the consumer shall be entitled to use more distance communication than he used when the contract was concluded, if the use of another message does not conflict with the nature of the contract or of the financial service.

Chapter 7 (27.8.2010/746)

Consumer credit

General provisions
ARTICLE 1 (27.8.2010/746)
Scope

This chapter provides for consumer credit. Consumer credit Means the credit to which the trader ( Lender ) The contract provides for the granting of, or authorisation to, the consumer as a loan, deferral or equivalent financial arrangement.

For the purposes of the provisions of this Chapter, the consumer credit shall be treated as a rental or other contract under which the goods are transferred to the consumer's control and under which the cash and credit costs of the goods are to be paid. During the rental period or under which the consumer can otherwise become the owner of the goods at the end of the contract.

For the purposes of Article 40, recognition of a continuous credit shall be treated as an identifier for the purposes of an account or any other financial service or financial instrument. The provisions on the creditor shall apply to the trader who has concluded an identification contract with the consumer.

The provisions of this Chapter shall not apply:

(1) consumer credit, excluding interest or other charges;

(2) a credit based on an agreement whereby the consumer has the right to pay the price of the goods to be supplied on a continuous basis in instalments during the term of the contract;

(3) credit granted by the pawnbroker institution;

(4) The Law on Social Inclusion (2002) Of the European Union.

ARTICLE 2 (27.8.2010/746)
Restrictions on the application of the provisions in the credit-handling accounts and the payment system contracts

For the purposes of consumer credit related to a user account for which, according to the terms of the contract, the credit period shall not exceed three months or the credit shall be repaid on demand, Article 3, Article 8 (1) (3) to (5) and (3) shall not apply, 9 to 12 § § 13 (2) (2), 17, 18, 20-23, Article 24 (2) to (4), 25, 27 to 32, 36-39 and 47.

Only Articles 5 to 7, 47, 50 and 51 shall apply to the consumer credit granted by the creditor, by allowing the balance of the holding account or credit line to be exceeded, without any explicit agreement between the parties.

Articles 9 to 12 shall not apply to a contractual payment arrangement which is not less favourable to the consumer than the original credit agreement as a result of the consumer's payment difficulties.

ARTICLE 3 (27.8.2010/746)
Restrictions on the application of provisions in certain other cases

Articles 9 to 11, 13 (2) (4) and 14 and 17 of this Chapter shall not apply to a consumer credit where the credit time shall not exceed three months, excluding interest and other credit costs converted into a real annual interest rate Do not exceed the interest (633/1982) The amount of interest referred to in paragraph 1. However, Articles 14 and 17 shall apply to the continuous credit. (15/03/207)

Articles 15 and 16 of this Chapter shall not apply to a lump-sum loan. Articles 20, 21 and 28 of this Chapter shall not apply to the mortgage credit, except for the provision of such credit for distance selling or coatings.

Articles 18 and 39 of this Chapter shall apply only to the eligible credit and Articles 36 to 38 only to the credit for the purpose of obtaining the goods.

§ 4 (27.8.2010/746)
Relationship to payment service

Payment service (190/2010) Shall not apply Articles 24, 30, 31 and 40 of this Chapter.

In order to prevent the use of a payment instrument for payment services, Article 57 of this Chapter is replaced by Article 32 of this Chapter.

§ 5 (27.8.2010/746)
Mandatory

A contractual clause derogating from the provisions of this Chapter to the detriment of the consumer is void.

ARTICLE 6 (27.8.2010/746)
Credit costs and annual percentage rate

At credit costs For the purposes of this Chapter, the total amount of interest, expenses and other charges payable to the consumer by the creditor as a result of the consumer credit relationship; the credit costs also include insurance related to the credit agreement; The costs of other additional services provided that the conclusion of an additional service contract is a condition for obtaining credit on the market terms.

Credit costs shall not be read:

(1) the cost of the insurance required to guarantee the value of the collateral in the case of mortgages;

(2) the cost of paying the credit, if the opening of the account is voluntary and the cost is specified in the contract;

(3) charges payable for any breach of contract by the consumer;

4) notarial pigeons.

Actual annual interest rate For the purposes of this Chapter, the interest rate is calculated by calculating the credit costs as an annual rate, taking into account the repayment of the credit. The assumptions used to calculate and calculate the annual percentage rate are laid down by a decree of the Ministry of Justice.

§ 7 (27.8.2010/746)
Other definitions

For the purposes of this chapter:

(1) Continuous credit Consumer credit, which is continuously available to the consumer at a pre-agreed level, without a separate credit decision by the creditor;

(2) Single credit Consumer credit other than continuous credit;

(3) With a useful credit line A consumer credit for the purchase of a consumer product, the supplier of which is the seller or service provider itself, or other trader or service provider, or other consumer credit, On the basis of the arrangement;

(4) Mortgage credit Consumer credit for the acquisition of community units or residential property which are eligible for the management of the dwelling, or for the purchase of a residential building located in a territory governed by the right of access to the property, Or for the purpose of the renovation of the dwelling, residential property or dwelling building, with the guarantee of the Community shares, residential property or property rights entitling the dwelling to the management of the dwelling;

(5) Partial payment transactions Trade in goods which, according to the contract, are paid in instalments, of which one or more are due after the supply of the goods to the consumer ( Buyer ) and in which the trader ( Seller ) Has retained either the right to recover the goods if the purchaser fails to comply with the obligation arising out of the contract, or the property of the right to property until the full price or, at least, the prescribed part of them Payments due after the delivery of the goods have been completed;

(6) Credit intermediary Any trader other than a creditor who presents or offers credit agreements to consumers or otherwise assists consumers in the conclusion of a credit agreement or concludes credit agreements with the consumer on behalf of the creditor;

(7) In a permanent manner, The provision of information to the consumer in person, in writing or by electronic means, in such a way as to enable the consumer to record and duplicate them unchanged.

Reporting obligations
§ 8 (27.8.2010/746)
Information on consumer credit in advertising

The advertising of a consumer credit shall indicate the annual percentage rate of charge if the advertisement shows the interest rate on the credit or any other cost of credit, or any other information relating to the terms of the credit agreement. In addition, the advertising shall contain the following information:

1) the borrowing rate and other credit costs;

2) the amount of credit or the credit limit;

(3) the duration of the credit agreement;

(4) the cash price of the commodity and any down payment in the case of credit advertised for the purchase of a particular commodity;

5) the amount of credit and credit costs and the amount of the instalments.

The annual percentage rate and the other information referred to in paragraph 1 shall correspond to the credit conditions normally provided by the creditor.

Where the conditions for obtaining credit are subject to the conditions advertised, the consumer makes an insurance or other ancillary service contract, and the costs of such an ancillary service cannot be determined in advance, the advertising shall indicate: On such a condition, together with the actual annual rate of credit.

§ 9 (27.8.2010/746)
Information prior to the conclusion of the credit agreement

In addition to what other information obligations are laid down in the law, the creditor and the credit intermediary shall, in good time before the conclusion of the credit agreement, provide the consumer in a permanent manner "Standard European Consumer Credit Information" -information on the following information:

(1) lender;

(2) offer credit, credit costs and repayment of credit;

(3) creation of a commodity;

(4) penalties for breach of contract;

5) the rights of the consumer under the law.

In the case of mortgage loans and, in the case of loans of less than eur 100, the prior information may also be provided in a permanent manner instead of the form. Prior information and the form are laid down in more detail by the Government Decree.

ARTICLE 10 (27.8.2010/746)
Prior information for telephone sales

In addition to the provisions of Article 10 (1) and (2) (1) and (3) to (6) of Chapter 6 (1) and (3) to (6), the creditor and the credit intermediary shall provide the consumer with information on the credit offered to the consumer by telephone, Credit costs and the repayment of credit, as well as the goods to be created. The information to be provided will be further specified by the Government Decree.

ARTICLE 11 (27.8.2010/746)
Other provisions concerning ex-ante disclosure requirements

If, at the request of the consumer, the contract is concluded by telephone or other means of distance communication that the 'Standard European Consumer Credit Information' form cannot be provided in a permanent manner prior to the conclusion of the contract, it shall be provided to the consumer In a permanent manner after the conclusion of the contract. Similarly, in the case of mortgages and of less than eur 100 credit, the prior information shall be provided to the consumer immediately after the conclusion of the contract by means of a form or in a durable manner if the contract is concluded at the request of the consumer By telephone or other means of distance communication that prior information cannot be provided in a permanent manner prior to the conclusion of the contract.

In addition, the consumer shall, upon request and free of charge, submit a draft credit agreement. The provision of contract terms for distance selling is provided for in Chapter 6a.

ARTICLE 12 (27.8.2010/746)
Derogation for credit intermediaries

Articles 9 to 11 provide for an obligation on the credit intermediary to provide information to the consumer, not in addition to its principal activity as a credit intermediary and not a service provider.

Obligation to act responsibly by the creditor
ARTICLE 13 (15/03/207)
Good lending practice

The creditor must act responsibly in the lending activity.

In particular, the creditor shall:

(1) does not market credit in such a way that marketing is likely to undermine the consumer's ability to consider lending carefully;

(2) does not use the granting of credit as the principal means of marketing when marketing other consumer goods;

(3) does not use credit for the marketing, the granting of credit or any other related service for the credit relationship, or any other equivalent messaging service;

(4) provide the consumer with sufficient and clear explanations prior to the conclusion of the credit agreement in order to assess whether the credit is compatible with the needs of the consumer and his financial situation;

(5) provide information and advice to the consumer in the event of late payment in order to prevent or deepen payment difficulties and to deal with insolvency situations, and take a responsible approach to payment arrangements.

Paragraph 1 and paragraph 2 (1) to (4) shall also apply to the credit intermediary. Paragraph 2 (4) does not, however, apply, in addition to its main activity, to the seller of a credit intermediary or to the service provider.

ARTICLE 14 (15/03/207)
Obligation to assess the creditworthiness of consumers

Before concluding the credit agreement, the creditor shall assess whether the consumer is able to fulfil his obligations under the credit agreement ( Consumer Credit quality ). The assessment shall be made on the basis of adequate information on the income of the consumer and other financial circumstances.

If the parties subsequently agree to increase the amount of credit or the credit limit, the creditor shall ensure that the information on the consumer is up to date and, where the amount or credit limit is substantially increased, the credit quality of the consumer shall be assessed; Before agreeing to the increase.

§ 15 (27.8.2010/746)
Verification of the identity of the creditor

Prior to termination of the consumer credit agreement, the creditor shall verify the identity of the applicant closely. If the identity is verified by electronic means, the creditor shall use the method of identification which complies with the law on strong electronic identification and electronic signatures. (617/2009) Requirements.

Where the creditor has previously verified the identity of the consumer within the meaning of paragraph 1, the identity of the consumer may also be verified by means of a personal identification established after the initial recognition.

In addition, the customer's knowledge is in force on the law on the prevention and detection of money laundering and terrorist financing (103/2008) Provides.

ARTICLE 16 (27.8.2010/746)
Obligation to maintain information on the verification

Subject to the law on the prevention and detection of money laundering and terrorist financing, the creditor shall keep the information on the basis of which the identity of the applicant for credit has been verified for a period of five years from the date of: The full amount of the credit is due. However, the information on the verification of the credit agreement shall be maintained until such time as the matter has been settled or resolved.

Conclusion of a credit agreement and transfer of funds
§ 17 (27.8.2010/746)
Conclusion of a credit agreement

The consumer credit agreement shall be concluded in writing and the consumer must be given a copy of the contract. The contract may also be concluded electronically in such a way that the consumer can record and duplicate the contract unchanged.

The Consumer Credit Agreement shall state:

1) information on the parties to the credit agreement;

2) information on the matters referred to in Article 9;

3) other conditions of the contract;

(4) information on the conditions for exercising the right of withdrawal;

(5) information on the termination and other termination of the credit agreement;

6) information on legal remedies and supervisory authorities.

The information to be mentioned in the agreement is further regulated by the Government Decree. On the basis of the credit relationship, the consumer shall not be charged interest or charges which have not been agreed in the contract referred to in paragraph 1.

§ 17a (15/03/207)
Interest cap

Where the amount of credit or the credit limit is less than eur 2 000, the actual annual rate of credit under the credit agreement shall not exceed: Article 12 of the Statute, Plus 50 percentage points plus the reference rate. However, this Article shall apply only if the consumer has the right to withdraw money from the credit agreement.

ARTICLE 18 (27.8.2010/746)
Prohibition to take the consumer's running commitment

A claim on the basis of a consumer credit shall not be taken by the consumer or any other undertaking whose release or pledge limits the consumer's right to make claims in good faith of the undertaking in respect of a trade or service contract. In the case of recovery. Nor must such a commitment be taken from a person who lives with the consumer in a common household.

Paragraph 1 shall not apply to the bank's own drafts.

Contrary to paragraph 1, a withdrawal or a running commitment shall not be invoked. The debtor's right to make claims against the transferee is expressly provided for.

§ 19 (27.8.2010/746)
Restriction on the time of transfer of funds

If the consumer credit is claimed and issued between 23 and 7 p.m., the funds allocated under the credit agreement shall not be made available to the consumer until after 7 p.m. The provisions of this Article shall not apply to the lifting of the credit limit for the continuous credit.

Withdrawal of credit agreement
§ 20 (27.8.2010/746)
Right of withdrawal

The consumer shall have the right to withdraw the consumer credit agreement by informing the creditor in a permanent manner within 14 days of the conclusion of the contract or of the later date on which the consumer has obtained the information under Article 17 or 45 Containing a copy of the credit agreement in writing or by electronic means.

If the consumer withdraws the contract, he shall be required to pay compensation for the interest of the credit which he has at his disposal. If the creditor has paid the authorities fees due to the conclusion of the credit agreement and are not refunded in the event of cancellation, the creditor shall also be entitled to compensation from the consumer for such payments. However, interest or charges shall not be required where the obligation to pay or the amount of interest and charges or, if the amount of interest cannot be notified in advance, the reasons for its determination have not been notified in advance to the consumer.

The consumer shall, without delay and at the latest 30 days after the withdrawal of the withdrawal notification, return the funds received by the creditor under the credit agreement and shall, at the risk of revocation, carry out compensation under paragraph 2. It will fall. However, the consumer shall refrain from fulfilling his own payment obligation until the creditor fulfils his or her own equivalent obligation.

ARTICLE 21 (27.8.2010/746)
Non-binding of the ancillary contract

The other agreement relating to a consumer credit agreement shall not bind the consumer in the event of withdrawal of the credit agreement if the creditor also provides an ancillary service. In addition, the ancillary contract shall not be binding on the consumer if the third party provides the ancillary service on the basis of an agreement or another arrangement between the creditor and the third party.

If the consumer wishes to maintain an ancillary contract in spite of the cancellation of the credit agreement, he shall inform the creditor within 30 days of the sending of the withdrawal notice.

§ 22 (27.8.2010/746)
Specific provisions for distance selling (12/02/1211)

Instead of the amount of the compensation provided for in Article 20 (2), the creditor shall have the right to require, as compensation, the annual percentage rate of charge for which the credit has been made available to the consumer, if the consumer withdraws from the distance: (15/03/207)

(1) a mortgage agreement or a credit agreement which is secured by mortgages on residential property or by mortgages (1599/2009) The shares of the housing stock company or any other company incorporated in the company, or the right of residence, or equivalent collateral situated in a State belonging to the European Economic Area, as listed above;

(2) a credit agreement of less than EUR 200 or more than eur 75 000;

(3) a credit agreement which is linked to a user account and under which the credit period is not more than one month;

(4) a credit agreement which, under the terms of which the credit period does not exceed three months, does not charge interest and for which the other credit costs, converted into actual annual interest, do not exceed: Article 4 of the Corinth Act The amount of interest referred to in paragraph 1;

(5) a credit agreement whereby the employer, by way of an ancillary activity, admits credit to the employee by an increase or a genuine annual interest rate which is below the prevailing interest rate on the market;

(6) a credit agreement whereby an investment firm or a credit institution grants credit to its client for the execution of an investment service.

In the cases referred to in paragraph 1, the creditor shall, without delay and no later than 30 days after notification of the withdrawal, return to the consumer any performance received under the contract. However, the actual annual rate of charge of the credit may be deducted from the refund.

Without delay, and no later than 30 days after notification of the withdrawal notification, the consumer shall return the funds received under the credit agreement to the creditor under threat of otherwise revocation. However, consumers may refrain from fulfilling their own obligation to return until the creditor fulfils his or her own equivalent obligation.

Paragraph 4 has been repealed by L 30.12.2013/1211 .

The consumer's right to be informed within the credit agreement
ARTICLE 23 (27.8.2010/746)
Consumers' right to receive a summary table on request

Where a consumer credit agreement has been concluded for a fixed period and, under its terms, the debt is reduced in instalments, the creditor shall, in the course of the contract, provide the consumer free of charge, free of charge, whenever requested. However, the creditor shall be entitled to a reasonable compensation for the costs incurred in the provision of the amortisation table in the case of a mortgage credit and the consumer requests a reduction table more than once a year.

The summary table shall indicate the payments to be made and the periods and conditions for payment. Each payment shall be specified in such a way as to indicate separately the capital abbreviation, interest rate and other charges. Where the amount of interest or other charges may change under the terms of the credit agreement, the table shall also indicate that the information contained therein is valid only until such changes are made in accordance with the credit agreement.

§ 24 (27.8.2010/746)
Changes in interest and charges

In the terms of the consumer credit agreement, it may be agreed that the interest payable on the credit will change in line with the changes in the reference rate specified in the contract. The applicable reference rate shall be publicly available and shall be based on factors unrelated to the unilateral control of the creditor. The changes in interest shall be carried out in a non-discriminatory manner and in a non-discriminatory manner.

The consumer shall be informed of any changes in the interest rate in a permanent manner. In the event of a change, the amount of the instalment shall also be indicated after the change in the interest rate and, where the number of items or the frequency of the instalments change, the relevant up-to-date information. In the case of mortgage loans, the final date for the final payment shall be given to the consumer instead of the number of items.

The information referred to in paragraph 2 shall be provided to the consumer before the change enters into force. However, where the information on the new reference rate is properly publicised and available at the premises of the creditor, the information may be provided to the consumer at regular intervals, but at least once a year.

Charges for the credit agreement may be amended only on the basis of the criteria specified in the contract. The notification of changes to payments shall be subject to the provisions of paragraphs 2 and 3 in respect of changes in interest rates.

ARTICLE 25 (27.8.2010/746)
Obligation to enter a credit agreement

Where the creditor's rights under the credit agreement or the credit agreement itself are transferred to a third party, the transfer shall be notified to the consumer. However, there is no obligation to notify if the original creditor is acting as a representative of the new creditor in relation to the consumer.

Where the creditor's rights deriving from a consumer credit agreement have been transferred, the creditor shall be treated as the creditor for the purposes of this Chapter.

Repayment of credit and termination of credit agreement
§ 26 (27.8.2010/746)
Focusing on performance

The consumer shall have the right to determine which more of the creditors of the same lender shall be shortened.

§ 27 (27.8.2010/746)
The consumer's right to pay a consumer credit before its maturity

The consumer shall have the right to pay the consumer credit or any part thereof before the credit is due.

If the consumer pays prematurely to the credit or part of the credit, the remaining part of the creditor's claim shall be deducted from the credit costs not used at the time of credit. However, the creditor may recover, in full, the actual costs incurred in the establishment of the credit agreement, as specified in the credit agreement.

ARTICLE 28 (27.8.2010/746)
The creditor's right to compensation for early repayment

The creditor shall be entitled to compensation from the consumer in the event of payment of the credit or part of the credit, if the interest rate on the credit is not linked to the reference rate ( Fixed interest rate ).

The amount of compensation shall not exceed 1 % of the amount of the credit repaid or, where the amount of the credit agreement is less than one year, half per cent of the amount of the credit repaid. However, the maximum amount of interest shall be recovered from the period between the early repayment of the interest and the termination of the credit agreement.

However, there is no entitlement to compensation if:

1) the credit has been repaid early in the last year up to a maximum of eur 10 000;

(2) repayment shall be made on the basis of the loan security insurance; or

(3) repayable credit is based on the credit agreement related to the use account.

§ 29 (27.8.2010/746)
Right to compensation in dwellings

The creditor may charge compensation for early payment of the mortgage credit where more than eur 20 000 has been granted and the interest rate on the credit is fixed or the reference rate is at least three years.

By way of compensation, the creditor may recover a loss resulting from a reduction in the interest rate not exceeding the residual interest rate from the fixed rate of credit or the reference rate. Financial supervision gives more detailed provisions on the method of calculating the loss.

ARTICLE 30 (27.8.2010/746)
Dismissal of the continuous credit agreement

During any contractual relationship, the consumer may terminate the contract of continuous credit ending immediately, unless the parties have agreed on the period of notice. The period of notice to be applied to the consumer shall not be longer than one month.

The creditor may terminate the continuous credit agreement under the conditions agreed in the credit agreement. The period of notice to be applied by the creditor shall not be shorter than two months. The notice of termination shall be communicated in a durable manner to the consumer.

ARTICLE 31 (27.8.2010/746)
Costs to be charged in the event of a dismissal

The creditor shall not charge the consumer for the termination of a continuous credit agreement. The consumer shall pay regularly for the credit agreement only in so far as it relates to the period preceding the entry into force of the notice. Where the consumer has paid such expenditure in advance, the creditor shall return them to the extent that they affect the period after the date of termination.

ARTICLE 32 (27.8.2010/746)
The creditor's right to discontinue the consumer's right to use continuous credit

The terms of the credit agreement may stipulate that the creditor, on the basis of the agreement, has the right to terminate the consumer's right to use continuous credit. The basis must be in line with good lending practice.

The creditor shall inform the consumer in advance of the cessation of the right of use and the reasons for it. If the suspension of access is immediately necessary to prevent or limit abuse or damage, the notification may be made immediately after the termination.

Notification shall not be made if it is prohibited by law elsewhere.

§ 33 (27.8.2010/746)
Sanctions of the consumer's breach of contract

If, according to the contract, the creditor has the right to require a payment, which otherwise is not due, to repurchase the goods or to bring into force another special sanction, the creditor shall: Invoke the said right if the payment has been delayed for at least one month and is still outstanding. In the case of a one-off credit, a minimum of 10 % or more, if more than one instalment, of at least 5 % of the initial amount of credit, or consisting of a creditor, shall be conditional on: The entire residual claim. In the case of credit for the purchase of a particular commodity, the percentages referred to above shall be calculated from the credit price. The creditor may also rely on the above law if the other breach of contract by the consumer is material.

Notwithstanding the provisions of paragraph 1, the creditor shall have the right to bring into force the agreed penalty if the payment has been delayed for at least six months and is substantially still outstanding.

§ 34 (27.8.2010/746)
Social performance

The creditor shall not be entitled to enforce the penalty referred to in Article 33 if the delay and delay is caused by the consumer's illness, unemployment or any other circumstance comparable to him, Unless, in view of the duration of the delay and other circumstances, the creditor would be manifestly unreasonable.

ARTICLE 35 (27.8.2010/746)
One-nipping

If the creditor requires the payment of instalments which are otherwise not due, the creditor calculation of these instalments shall be deducted from the part of the credit costs not used during the time of credit. However, the creditor may recover, in full, the actual costs incurred in the establishment of the credit agreement, as specified in the credit agreement. The non-use credit period shall be counted from the date of entry into force.

Invalid maturity shall not enter into force at the earliest four weeks or, in the case of a delay or any other breach of contract, to the consumer, not earlier than two weeks after the notification of the due date has been lodged or Sent to the consumer. If, in the course of this period, the consumer pays a delay or rectification of any other breach of contract, the maturity shall lapse.

§ 36 (27.8.2010/746)
Account

If the creditor takes back the goods, a statement shall be made between him and the consumer.

The value of the goods for the benefit of the consumer shall be included in the order when it is withdrawn. The value is determined according to what can be expected to be left to the seller when the goods are sold in an appropriate manner and, where appropriate, reasonably restored. When determining the value, account shall be taken of the cash price mentioned in the contract and how long it has been in the hands of the consumer and how it has been taken care of.

For the benefit of the creditor:

(1) the unpaid part of the credit in accordance with Article 35 (1);

(2) interest on outstanding amounts;

(3) the cost of retaking the goods to the creditor and the fees to be paid by the creditor in order to obtain the goods;

(4) the creditor is provided with the refurbation or maintenance of the goods if the creditor has the right to arrest in the goods.

If the value of the goods has been found to be higher than the amount to be read in favour of the creditor, the creditor shall not be entitled to recover the goods unless he or she has delivered the goods to the consumer or, if the goods are supplied by the bailiff. Evaluation, deposit this repossession of the so-called difference. Where the value of the goods is less than the amount to be counted in favour of the creditor, the creditor shall not be entitled to claim any more than the difference between the goods.

If the consumer performs at one time the amount which, under paragraph 3, must be read in favour of the creditor, he shall keep the goods. If the consumer has not exercised this right and the creditor has taken the goods back, the purchaser shall be entitled, within 14 days, to redeem the goods by carrying out the amount of the goods to which the goods have been deemed to be withdrawn, and Any difference between the creditor and the creditor in accordance with paragraph 4.

ARTICLE 37 (27.8.2010/746)
Official assistance

The creditor shall have the right to seek official assistance from the bailiff to take back the goods if the payment agreement has been concluded within the meaning of Article 17 (1) and has been mentioned:

1) information on the parties to the credit agreement;

(2) information on the type of goods and the transmission of the goods;

(3) information on the amount of credit, credit costs and the repayment of the credit;

(4) other conditions of the contract;

(5) information on the conditions for exercising the right of withdrawal;

(6) information on the termination and other termination of the credit agreement;

(7) information on the penalties for breach of contract;

(8) information on the rights of the consumer under the law;

(9) information on the competent authority of the sub-payment accounts;

10) information on legal remedies and supervisory authorities.

The application must be sought from the residence of the person in the place where the goods are located, the consumer's place of residence or residence. The application shall be made in writing and shall indicate the amounts requested by the creditor in accordance with Article 36 (3). The application shall be accompanied by a partial payment agreement.

Recreational assistance shall only be provided if it is clear that the creditor has the right to take back the goods under Articles 33 and 34. The consumer may not be provided if the consumer is likely to have the right to refrain from paying the purchase price due to the contractual infringement of the seller.

The information to be mentioned in the partial payment agreement shall be further specified by the State Council Regulation.

ARTICLE 38 (27.8.2010/746)
Some other provisions on the sale of shares

In addition, the amount of the payment on the basis of the payment transaction based on the payment transaction is governed by the provisions of the (91/1966) (3) and Articles 11 to 19 provide.

Responsibilities
ARTICLE 39 (27.8.2010/746)
Solidarity between the creditor and the seller or service provider

A consumer who has the right to deduct or to obtain a refund, damages or any other kind of money from a seller or a service provider in the event of a breach of a contract shall also have that right to the creditor who is Financed a trade or service. However, the creditor is not obliged to pay more to the consumer than he has received in payment.

If the seller takes back the goods or if the transaction is otherwise terminated by means of agreement between the seller and the consumer, the consumer may rely on the holding or transaction which has been financed by the trader to the lender who financed the transaction. However, the consumer shall not have such a right if:

(1) in a timely manner, the creditor informed the consumer that the seller does not have a right of re-admission or other right to impose a contract and, where the goods are subject to the registration of the goods, the register is registered as owner; Lender; or

(2) The creditor may otherwise demonstrate that the consumer's rights to the seller have been restricted.

ARTICLE 40 (27.8.2010/746)
Liability of the consumer for the right to use a credit card or any other permanent credit identifier

A consumer who has entered into a continuous credit agreement with the creditor shall be responsible for the non-legal use of a credit card or credit claim for the use of credit only if:

(1) he or any other holder of the identification has handed over the identifier to the right of access to the right;

(2) the loss of the identifier, the undue suspension of the second possession or the right to use is due to the negligence of his or her or any other person's identity; or

(3) he or any other identifier has failed to inform the creditor of the loss of the identity of the identity of the creditor, without undue delay, without undue delay after he has observed it.

In the cases referred to in paragraph 1 (2) and (3), the consumer shall be responsible for the unauthorised use up to a maximum of eur 150. However, this restriction shall not apply if he has acted intentionally or negligently.

However, the consumer is not responsible for the unauthorised use of an identifier:

(1) to the extent that the identifier has been used after the creditor has been informed of the loss of the identifier, the wrongful use of the latter or the right to use;

(2) where the creditor has failed to ensure that the identification holder is able to fulfil his reporting obligations under paragraph 1 (3); or

(3) where the seller or service provider, or the person who has received the identifier, has not properly ascertained the holder's right to use the identifier.

Notwithstanding paragraph 3, the consumer shall not be liable for any unauthorised use of an identifier, if he has deliberately made a false declaration or otherwise acted fraudulently.

Provisions on specific types of credit
ARTICLE 41 (27.8.2010/746)
Prior information

For the purposes of consumer credit related to a user account, under contract terms, the credit period shall not exceed three months or the credit shall be repaid on demand, the creditor and the credit intermediary shall, in addition to the rest of the law, Provides for the obligation to provide information, provide the consumer with information prior to the conclusion of the credit agreement on:

(1) lender;

(2) offer credit, credit costs and repayment of credit;

(3) penalties for breach of contract;

4) rights under the law of the consumer.

Paragraph 1, which provides for information to be provided prior to the conclusion of the contract, shall also apply where the creditor, in the light of the consumer's payment difficulties, makes a payment arrangement agreement with him which is not less favourable to the consumer. As the original credit agreement.

The information to be provided will be further specified by the Government Decree.

ARTICLE 42 (27.8.2010/746)
Advance information on the phone

Where the consumer requests a telephone call for direct access to the credit referred to in Article 41 (1), the consumer shall be provided with the information provided for in Article 10 (1) and (2) (1) and (3) to (6) of Chapter 6 a, and information on the amount of credit to be provided, and Reimbursement. The information to be provided will be further specified by the Government Decree.

Paragraph 1 shall also apply if the consumer by phone calls for a payment arrangement contract within the meaning of Article 41 (2).

ARTICLE 43 (27.8.2010/746)
Submission of prior information in a permanent manner

The prior information referred to in Article 41 shall be provided to the consumer in good time before the conclusion of the contract in the form of a European consumer credit information sheet relating to specific credit types, or in any other permanent manner, the creditor or The choice of the credit intermediary. The form will be further specified by the Government Decree.

If, at the request of the consumer, the contract is concluded by telephone or other means of distance communication, that prior information cannot be provided in a permanent manner prior to the conclusion of the contract, the creditor shall provide in a durable manner the information provided for in Article 45 Without delay after conclusion of the contract.

In addition, the consumer shall, upon request and free of charge, submit a draft credit agreement.

ARTICLE 44 (27.8.2010/746)
Derogation for credit intermediaries

However, Articles 41 to 43 provide for an obligation on the credit intermediary to inform the consumer, but does not, in addition to its main activity, concern the seller or service provider of the credit intermediary.

ARTICLE 45 (27.8.2010/746)
Credit agreements related to a treatment account

A credit agreement relating to a service account, under which the contractual terms and conditions stipulate that the credit period shall not exceed three months, or the credit shall be repaid when required, shall be made in writing and a copy of the contract shall be provided to the consumer. The contract may also be concluded electronically in such a way that the consumer can record and duplicate the contract unchanged.

The contract shall include information on the following:

1) the parties to the credit agreement;

(2) offer credit, credit costs and repayment of credit;

3) the right of withdrawal.

The information to be mentioned in the agreement is further regulated by the Government Decree. On the basis of the credit relationship, the consumer shall not charge interest or charges which have not been agreed within the meaning of paragraph 1.

ARTICLE 46 (27.8.2010/746)
During the period of validity of the credit agreement related to the use of the reporting account

The creditor shall, on a regular basis, provide the consumer with the following information on the use of the credit line credit:

(1) the period covered by the statement of accounts;

(2) transactions with dates;

(3) the balance sheet and date of the preceding statement;

4) a new balance;

(5) the amount and dates of payments made by the consumer to the creditor;

(6) interest and any other charges levied;

7) the minimum amount to be paid by the consumer as an abbreviation.

The consumer shall be informed of changes in the interest rate and other charges in a permanent manner before the amendments enter into force. If the change in the borrowing rate is due to a change in the reference rate, the terms of the credit agreement may be agreed that the information is provided to the consumer by the statement of accounts referred to in paragraph 1, provided that the information on the new reference rate is properly disclosed and That they are also available at the creditor's premises.

§ 47 (27.8.2010/746)
Communication obligations in relation to the access account agreement

If the user account is not linked to the credit agreement, the holder of the user account may, in some cases, grant credit to the consumer by allowing the sale of the balance of the account balance to be exceeded, the agreement on the use account shall state: The interest rate, the reasons for the determination of the interest rate and any other conditions relating to the interest rate and the other charges and conditions under which such payments may be adjusted. In addition, this information shall be communicated to the consumer on a regular basis.

If the consumer has exceeded the balance of the balance sheet and has lasted more than one month, the creditor shall, without delay, provide the consumer with the following information in a permanent manner:

1) information on the overrun of the account balance;

(2) the amount of overrun;

3. Interest rate;

(4) other charges for the breach of the contract.

Paragraphs 1 and 2 shall refer to exceeding the credit limit of the credit agreement relating to the use account.

Certain obligations of the credit intermediary
ARTICLE 48 (27.8.2010/746)
Notification of complaints

The credit intermediary shall, in marketing, indicate its powers to communicate consumer credit, in particular whether he acts as an agent of a particular or certain creditor or an independent credit intermediary.

ARTICLE 49 (27.8.2010/746)
Charges for the consumer

Prior to the conclusion of an agreement on credit intermediation, the consumer shall be informed in a permanent manner of the service charge.

The creditor shall be entitled to a payment from the consumer only if, in accordance with paragraph 1, the consumer has been informed of the fee and agreed with the consumer in writing or electronically in such a way that the consumer can record and duplicate the contract Unchanged.

The credit intermediary shall disclose the amount of the fee to the lender to calculate the actual annual rate of credit.

Control
§ 50 (27.8.2010/746)
Penalties

The creditor and the credit intermediary, which is in breach of the provisions of this Chapter, may, if it is necessary for consumer protection, refuse to proceed with such a procedure or to renew it or a similar procedure. The imposition of a ban and the periodic penalty payment are laid down in Chapters 2 and 3.

ARTICLE 51 (27.8.2010/746)
Supervisory authorities

Compliance with the provisions of this Chapter shall be exercised by the consumer ombudsman, the Competition and Consumer Protection Agency, and under the authority of the district managing authority, the regional management agencies and also financial supervision where the lender is subject to the supervision of the financial supervision. (30.11.2012/684)

The supervisory authorities shall cooperate with each other. At the request of the Authority, the Communication Office shall make an opinion on compliance with Article 15 of the opinion on whether the electronic identification method used by the creditor is satisfied by electronic identification and electronic The requirements laid down in Article 8 of the Law on signatures.

The creditor and the credit intermediary are obliged to submit to the Authority the documents necessary for the control of consumer credit.

CHAPTER 8 (5 1.1994/16)

Some consumer service contracts

General provisions on consumer service contracts
ARTICLE 1 (5 1.1994/16)
Scope of the chapter

The provisions of this Chapter apply to the services provided for in consideration by the trader ( Contractor, ) To the consumer ( Subscriber ) And the content of which is the work or other performance of the movable object, building, other structure or immovable property. However, certain works contracts are laid down in Chapter 9 below. (13,12,1258)

The provisions of the chapter do not apply to services which contain the content of the consumer's assets.

ARTICLE 2 (5 1.1994/16)
Mandatory

A contractual clause derogating from this Chapter to the detriment of the subscriber shall be null and void unless otherwise specified below.

General provisions on the contractor's performance
ARTICLE 3 (24.5.2002)
Provision of services

If the object of the service is to perform a service for the service of the contractor, the service shall be deemed to have been surrendered when the object of the service has been transferred to the holding of the subscriber. In other cases, the service shall be deemed to be surrendered once it has been completed.

§ 4 (5 1.1994/16)
Time of donation

If it has not been agreed that the service must be surrendered at the specified time or at the request or without delay, it shall be surrendered to the quality and extent of the service within a reasonable period of time from the contract.

§ 5 (5 1.1994/16)
Materials acquisition

Unless otherwise agreed, the contractor shall obtain the necessary substances, spare parts and accessories for the performance of the service ( Material ).

ARTICLE 6 (5 1.1994/16)
Additional work

Where, in the event of a service, there is a need for non-assignment measures which are appropriate in the same context ( Additional work ), the contractor shall request permission from the subscriber to carry them out.

If the subscriber is not available within a reasonable period of time, the additional work may be carried out only if the costs to be recovered are limited in volume or in proportion to the price assessment of the service agreed. The cost of the additional works shall not result in any exceedance of the maximum price agreed.

Where the contractor discovers the need for non-deferral works which cannot be delayed without a risk to health or property and which are not carried out pursuant to this Article, the contractor shall immediately inform the The safety of the subscriber's safety concerns.

Sanctions for the delay of service
§ 7 (5 1.1994/16)
Right to abstain from payment

On the basis of the delay of the contractor, the subscriber has the right to refrain from paying the price of the service. However, the subscriber shall not retain the amount of money which apparently exceeds the requirements to which he is entitled on the basis of the delay.

§ 8 (5 1.1994/16)
The right of a subscriber to demand compliance with the contract

The right of a subscriber to be required to comply with the contract shall be subject to the provisions of Article 8 of Chapter 5.

§ 9 (5 1.1994/16)
Contract vending

The contractor may terminate the contract as a result of the delay in the contractor if the breach of contract is material.

If the subscriber has placed an additional period of service to the contractor for the service of the service and is not unduly short, the subscriber may also terminate the contract if the service is not supplied within an additional period. During an additional period of time, the subscriber may terminate the contract only if the contractor declares that he does not fulfil the contract during this period.

When the subscriber has not given an extension to the contractor, he may terminate the contract if the service is not disclosed within a reasonable time when he called for the contract to be completed.

If there are compelling reasons to assume that the service is significantly delayed, the subscriber may terminate the contract immediately.

If a significant part of the service is carried out, the subscriber shall have the right to terminate the contract only in so far as the service is not performed. However, in the event of a substantial failure to achieve a service, the subscriber has the right to terminate the contract in its entirety. A performance which cannot be reproduced without material injury shall be paid by the contractor to the contractor, which corresponds to its value to the subscriber.

ARTICLE 10 (5 1.1994/16)
Damage compensation

The subscriber is entitled to compensation for the damage suffered by the contractor as a result of the delay, unless the contractor proves that the delay is due to an obstacle outside his or her influence, which he cannot reasonably: Must be taken into account when the agreement is concluded and the consequences of which he could not reasonably have avoided or won.

If the delay is due to the person who has been employed by the contractor to meet the contract or part of the contract, the contractor will be released from liability only if the person concerned is free from liability under paragraph 1. The same applies if the delay is due to the supplier of the contractor or other prior sales step.

However, the contractor is obliged to pay only if the delay or damage is due to negligence on his side. The indirect injury shall be:

(1) the loss of income resulting from a breach of contract or the resulting measures;

(2) damage caused by other contractual obligations; and

(3) the material loss of the use of the underlying object, which does not directly cause economic damage, and any other comparable harm which is essential.

However, where the damage referred to in paragraph 3 (1) to (3) is caused by the limitation of other damage, it shall not, however, be regarded as an indirect injury in this respect.

The same entitlement to compensation as the subscriber has a member of his family who is suffering injury as a result of the delay.

ARTICLE 11 (5 1.1994/16)
Notice of the termination of the contract and the claim for compensation

If a service has been handed over, the subscriber may not terminate the contract or claim damages as a result of the delay, unless, within a reasonable period of time, he informs the contractor that he or she wishes to terminate the contract or Claim damages. However, if the subscriber dissoles the contract, he shall not be required to notify the claim for compensation separately.

Service characteristics and error
ARTICLE 12 (5 1.1994/16)
General rule of error

The content, performance and performance of the service shall correspond to what can be considered as agreed.

The service shall be performed professionally and carefully, taking into account the interests of the subscriber. The service comes from its durability and, by the way, is responsible for what the consumer usually assumes in connection with such a service. The service must also comply with the requirements laid down by law, regulation or decision of the authority.

Where the contractor is required to obtain the necessary material for the service and is not otherwise agreed, the material shall be of good quality and of normal quality.

If a service differs from those provided for in paragraphs 1 to 3, there is a mistake. The burden of proof that the service has been performed professionally and with care is the burden of proof.

ARTICLE 13 (5 1.1994/16)
Information on service

An error shall also be made if it does not correspond to the information provided by the contractor on the content or performance of the service or of other aspects of the service quality or exploitation in the context of the marketing or otherwise of Contracts and which can be expected to have affected the decision-making of the subscriber. The same applies to the information provided in the service, which can be expected to have affected the decision-making of the subscriber.

The service shall also make a mistake if it does not correspond to the information referred to in paragraph 1, which other than the contractor is in the market for the marketing of the service prior to the sale of the contract or the contractor. However, the service is not considered to be incorrect if the information has been corrected in a timely manner. The contractor shall not be responsible for the error referred to in this paragraph either, if he was not and should not have been informed of the information given.

There is also an error in the service if the contractor has failed to inform the subscriber of one of the circumstances referred to in paragraph 1 which he should have been aware of and of which the subscriber could reasonably be expected to be informed.

ARTICLE 14 (5 1.1994/16)
The obligation of advice

If, at the time of conclusion of the contract or after conclusion of the contract, the service, its price, its value and its characteristics, or other specific circumstances, it appears that it would not be appropriate for the subscriber, the contractor shall immediately inform the For the subscriber. The contractor shall also inform the subscriber if the service appears to be significantly more expensive than the subscriber could reasonably have expected.

If the subscriber is not available within a reasonable time or does not provide the necessary instructions, the contractor shall suspend the service. However, the contractor may continue to carry out the performance if he has a particular reason to believe that the subscriber, however, wants to perform a service.

If the contractor fails to fulfil his obligations under this Article, there is a mistake.

§ 15 (5 1.1994/16)
Date and guarantee of error (13,12,1258)

The accuracy of the performance of the contractor must be assessed on the basis of the performance of the performance at the time of the delivery of the service or, if the supply is delayed for a reason on the side of the subscriber, the contractor The donation is required. The contractor is responsible for the mistake that has been made at this point in time, even if the error occurs later. If the performance of the performance deteriorates after the above date, the performance shall be considered to be a defect if the deterioration is due to the contract infringement committed by the contractor.

The service guarantee shall apply mutatis mutandis to the provisions of Articles 15a and 15b of Chapter 5. (13,12,1258)

Error penalties
ARTICLE 16 (5 1.1994/16)
Error notice

The subscriber may not rely on the error of the service unless he reports an error to the contractor within a reasonable period of time when he discovered or should have observed the error. An error declaration may also be made to a trader who has been a service or a commitment to meet its characteristics.

Notwithstanding paragraph 1, the subscriber may not plead the case of a service if:

(1) the contractor has been grossly negligent or undignified and unworthy;

(2) the error is based on the fact that the service does not correspond to the requirements set out in the provisions or provisions adopted to protect health or property; or

3) The error is based on the fact that the result of the service is otherwise hazardous to health or property.

§ 17 (5 1.1994/16)
Right to abstain from payment

On the basis of a mistake, the subscriber has the right to refrain from paying the price of the service. However, the subscriber shall not retain the amount of money which apparently exceeds the requirements to which he is entitled on the basis of a mistake.

ARTICLE 18 (5 1.1994/16)
Error correction

The subscriber shall have the right to require the contractor to correct the error or renew the incorrect performance without any additional cost to the subscriber. However, the contractor shall not be obliged to rectify a defect if it would incur unreasonable costs or undue disadvantage.

Even if the subscriber does not require the correction of an error or a renewal of the performance, the contractor may, at his own expense, carry out such an adjustment if, when the subscriber notifies the subscriber without delay, it is offered to do so. A subscriber may refuse to correct an error if it would cause him a material disadvantage or a risk that the costs incurred by him will not be reimbursed, or if there is another specific reason for refusal.

The contractor shall not rely on the fact that he has not had the opportunity to rectify the error referred to in paragraph 2 if the subscriber has corrected the error and, taking into account the circumstances, cannot reasonably be required to keep the subscriber waiting. Correction of the contractor's side.

§ 19 (5 1.1994/16)
Price reduction and contract demolition

In the absence of a correction or a new performance, or in the absence of such an adjustment within a reasonable time when the subscriber has notified an error, the subscriber may require a reduction in the price corresponding to the error.

If there are compelling reasons to assume that there will be a material error, the subscriber may terminate the contract in so far as the service has yet to be performed.

To the extent that a service has been carried out, the subscriber may, in the circumstances referred to in paragraph 1, terminate the contract if the other penalty cannot be regarded as reasonable for him. A performance which cannot be reproduced without material injury shall be paid by the subscriber to the contractor's value.

§ 20 (5 1.1994/16)
Damage compensation

The subscriber is entitled to compensation for the damage he suffers as a result of a clerical error. The liability shall include an error in the personal and material damage suffered by the subscriber, in so far as Article 21 does not result. However, the contractor for the indirect damage referred to in Article 10 (3) and (4) shall be liable only if the error or damage is due to negligence on his side.

The same right to compensation as the subscriber has a member of his family who is suffering damage due to a mistake.

ARTICLE 21 (5 1.1994/16)
Product damage caused by the material

When the misconduct of the material used in the performance of the service causes damage to property other than the object of the service, Article 20 shall apply to the liability of the contractor only if the damage is to the property which: Direct access to the object of the service.

If the contractor carries out compensation under paragraph 1, the right of the recipient to claim compensation for the damage under the Product Liability Act shall be transferred to the contractor. What Article 10 of the Product Liability Act Provides for the right to compensation for the contractor.

The provisions of this Chapter shall not apply to the compensation of personal injury caused by the properties of the material used in the performance of the service.

§ 22 (5 1.1994/16)
Accountability of non-contractors

The provisions of Section 22 of Chapter 5 shall apply mutatis mutandis in the case of a service provided for in this Chapter.

Responsibilities of a subscriber and penalties for a subscriber contract
ARTICLE 23 (5 1.1994/16)
Service price

If the cost of the service or the calculation of the service has not been agreed, the subscriber shall pay a price which is reasonable, taking into account the content of the service, the scale, the quality, the economically appropriate performance, the date of the contract. Price or price calculation and other conditions. Where the contractor has provided information on the price or the price level of the contract which may be expected to have affected the contract, the price is determined in accordance with the information provided.

Where, at the request of the consumer, the trader has made an initial assessment of the content of the performance or the costs resulting therefrom, he may require payment of such preparatory measures, except where the consumer in the sector , or for any other reason, it was reasonable to assume that the measures would not be charged.

If what the contractor has completed, damaged, destroyed or otherwise lost before the service is released and is not due to the reason for the subscriber, the contractor has no right to demand payment from the past. For work or material or other additional costs incurred. What has been said above does not apply if the performance has been lost after the service is delayed for a reason on the side of the subscriber.

§ 24 (5 1.1994/16)
Price assessment

If the contractor has issued a price estimate for the service, the final price shall not exceed by more than 15 %. However, the subscriber and the contractor may agree on the extent to which the price estimate may be exceeded.

Unless otherwise agreed, the price estimate shall be deemed to be the total price to be recovered from the service.

If a disagreement arises as to whether the proposed amount of money is to be regarded as a fixed price, a maximum price, a price estimate or a price indication, the contractor shall substantiate its claim.

ARTICLE 25 (5 1.1994/16)
Price payment and breakdown

If the cost of the service is not fixed, the subscriber shall pay the price if the contractor so requires, but not until the service has been surrendered in accordance with Article 3 and the subscriber has had a reasonable opportunity to check the performance.

If the service is not paid at a fixed price, the contractor shall, at the request of the subscriber, provide it with a written specification to enable it to assess the content of the performance and how the price of the service is determined. A subscriber who has requested a breakdown without undue delay after the service has been completed or received by the subscriber shall be required to pay the breakdown after receiving the breakdown.

Where payment is made through a bank or postal service, the payment shall be deemed to have occurred during the assessment of the rights under Articles 27 to 30 of the contractor on the date of acceptance by the bank or post of an appropriate payment order for the subscriber.

§ 26 (5 1.1994/16)
Withdrawal of service

If the subscriber violates the contract by cancelling the service before it is released, the contractor has no right to complete it. Instead, the contractor is entitled to compensation for the damage caused to him in accordance with Article 30.

§ 27 (5 1.1994/16)
The right of the contractor to refrain from performance

If the price or part of the service is paid prior to the service, but the payment is delayed, the contractor has the right to refrain from performance until he is paid. Any interruption shall be notified without delay to the subscriber.

However, in the event of a risk to health or a significant risk to property, the contractor shall carry out the measures necessary to prevent the risk.

The contractor who, in accordance with this Article, suspends the performance is entitled to compensation for the additional costs incurred.

ARTICLE 28 (5 1.1994/16)
Interest rate on delay

If the subscriber is delayed in the payment of the service, the contractor has, when the order is not withdrawn or terminated, the right to default interest in accordance with the interest rate law.

§ 29 (5 1.1994/16)
The right of the contractor to terminate the contract

If the subscriber is delayed in payment of the service or part of the service, and the breach of contract is material, the contractor may terminate the contract in so far as the service has not been performed.

If the contractor has placed a service for the payment of the price by a specified additional period, which is not unduly short, and the subscriber does not pay within the additional period, the contractor shall also terminate the contract in so far as the service has not been performed. During an additional period of time, the contractor may terminate the contract only if the subscriber declares that he does not make a payment within this period.

The contractor shall also have the right to terminate the contract on the basis of paragraphs 1 and 2, including if the subscriber fails to contribute to the performance of the contract as required by the performance of the service.

If it has become clear that the subscriber will be guilty of an essential breach of contract, the contractor has the right to terminate the contract immediately.

ARTICLE 30 (5 1.1994/16)
The right of the contractor to damages

If the contractor dissolves the contract or if the subscriber withdraws a service, the contractor shall be entitled to the consideration of part of the service already performed and the measures to be taken in spite of the termination or cancellation of the contract.

Furthermore, the contractor is entitled to compensation for the other costs incurred in the performance of the contract and which are likely to be rendered useless, as well as of the special circumstances resulting from the cancellation or cancellation of the contract Costs. For any other injury, the contractor shall be entitled to compensation, which is reasonable, taking into account the price of the service, the date of termination of the contract or the cancellation of the contract, the measures taken to fulfil the contract and the other elements.

However, the contractor is not entitled to the compensation referred to in paragraph 2 if the late payment or cancellation of a subscriber is due to the provision of the law, the interruption of public transport or of payment services, or any other similar A barrier which the subscriber cannot reasonably avoid or win.

ARTICLE 31 (5 1.1994/16)
The right of a contractor to hold a service under his control

If the object of the service is a movable object under the control of the contractor and the subscriber fails to fulfil its payment obligations under that contract, the contractor shall have the right not to dispose of the item on the subscriber or the owner of the article until: The claim has been paid or a sufficient guarantee has been lodged.

The right to sell an item held under the right of arrest is provided for separately.

Other provisions on certain consumer contracts
ARTICLE 32 (5 1.1994/16)
Property damage resulting from the service

Where the object of the service or any other subscriber or members of his/her family has been damaged, reduced, destroyed or lost, under the contract of service, under the control or control of the contractor, the contractor shall replace: Injury, unless he proves that the damage was not due to negligence on his side.

The obligation of the contractor to maintain the service of the object of the service as a result of the termination of the contract shall not cease until the object has been returned to the holding of the subscriber or the contractor, according to the law provided for in the rest of the law, shall have the right to cease: Keep it safe.

§ 33 (5 1.1994/16)
Limitation of injury and settlement of damages

The provisions of Section 30 of Chapter 5 shall apply mutatis mutandis in the case of a service provided for in this Chapter.

§ 34 (5 1.1994/16)
Material supplier's fault liability

The subscriber shall be entitled to direct his claim in accordance with the provisions of this Chapter due to an error in the material used in the execution of the service, including the trader who, in the previous sales portal, has supplied the resale of the material. For.

However, the subscriber does not have the right under paragraph 1:

(1) if the fault was created for an independent reason for the material supplier after he continued to hand over the material;

(2) to the extent that the requirement is based on an undertaking other than the supplier of that material which places the subscriber in a better position than the provisions of this Chapter without that undertaking; and

(3) in so far as the requirement concerns a price reduction or a return on the price of a service and exceeds what the supplier of the material supplier could have demanded on the same basis, if any Are not taken into account.

A subscriber loses his right to make claims under this Article, unless he or she informs the supplier of the material error or receives information on a later error in the sales portal within a reasonable time when the subscriber found He or she should have observed and had access to the information necessary for the submission of the material supplier. However, notwithstanding this paragraph, the subscriber may rely on an error if the material supplier concerned has been negligent or unworthy of a gross negligence or in the case of Article 16 (2) (2) or (3). Intended error.

ARTICLE 35 (5 1.1994/16)
Misliability of other trader

Where a contractor has been assisted by another trader in the performance of a service and a part of the service performed by this trader is a mistake, the subscriber shall have the right to apply the provisions of this Chapter on the basis of a defect , including the trader concerned.

However, the subscriber does not have the right under paragraph 1:

(1) if the error was made by the trader for a reason which was independent of the trader, after giving up his performance;

(2) in so far as the requirement is based on an undertaking other than that of the trader concerned, which places a subscriber in a better position than the provisions of this Chapter without that undertaking; and

(3) in so far as the requirement relates to a price reduction or a return for a service and exceeds the amount of the contract which the trader in question could have claimed on the same basis, if any Are not taken into account.

A subscriber loses his right to make claims under this Article, unless he or she informs the trader concerned or is informed of the error in the declaration made to the contractor within a reasonable period of time when the subscriber found He or she should have observed and had access to the information necessary to provide the claim with the trader. However, notwithstanding this paragraph, the subscriber may rely on an error if the trader concerned has been negligent or unworthy of a gross negligence or in the case of Article 16 (2) (2) or (3). Intended error.

CHAPTER 9 (5 1.1994/16)

Trade and Works of Taloelements

General provisions on trade in house elements and works
ARTICLE 1 (5 1.1994/16)
Scope of the chapter

The provisions of this Chapter shall apply to the trader ( Contractor, ) And the consumer ( Subscriber ) Agreements between:

(1) the content of which is the construction component of the building capacity of the building or the immovable property connected to it ( Elements ) The supply of a complete package;

(2) according to which the trader's performance includes, in addition to the delivery of the elements referred to in paragraph 1, the elements in the installation or part of the measures covered by it; or

(3) Where the content of the obligation of the trader is the construction or repair of a building or of a fixed installation forming part of a building, a project of a significant economic importance in relation to such a project, Or the renovation or improvement of the residential apartment of significant economic importance ( Urakka ).

The provisions of the chapter shall also apply when, in addition to the performance referred to in paragraph 1, the trader provides the consumer with other goods for the building or the installation or for any other construction or repair project to the consumer. Related services. The provisions set out below shall apply mutatis mutandis to the other goods referred to here.

The Regulation may provide for the value of the agreements referred to in paragraph 1, paragraph 3, of this chapter.

ARTICLE 2 (5 1.1994/16)
Mandatory

A contractual clause derogating from this Chapter to the detriment of the subscriber shall be null and void unless otherwise specified below.

Extradition, cost sharing and liability
ARTICLE 3 (5 1.1994/16)
Extradition

The Elements have been surrendered when the subscriber has acquired them. However, where the performance of the contractor includes the installation of elements, the elements shall be deemed to be surrendered for the purposes of the contractor's delay when the installation work has been completed.

The drainage has been released once it has been completed and the requested acknowledgement of receipt has been provided.

§ 4 (5 1.1994/16)
Time of donation

If it has not been agreed that the elements or works shall be surrendered at the specified date, the release shall take place within a reasonable period of the contract.

If the contractor has the right to determine the exact timing of the delivery of the elements or any other supply of the contractor, the contractor shall, within a reasonable time, inform the subscriber of the date of his choice.

§ 5 (5 1.1994/16)
Costs incurred prior to donation

Unless otherwise agreed, the contractor shall bear the costs of transport and storage and the other costs incurred before the surrender. However, this does not apply to costs which have been caused by the delay in the supply of the subscriber's side.

ARTICLE 6 (5 1.1994/16)
Liability transition

The contractor has a risk that the elements are destroyed, lost or damaged by a subscriber for an independent reason prior to extradition. The contractor also has a stake in the risk that his performance will otherwise be destroyed, damaged or lost for an independent reason before it is released or, if the supply is delayed for a reason on the side of the subscriber, before: The contractor has done what the donation requires.

If the elements are destroyed, lost or damaged by the contractor for a reason which is independent of the contractor, he shall nevertheless pay the price. The same shall apply to the damage to the contractor's other performance after the transfer of the exposure to the subscriber.

Sanctions of the contractor's delay
§ 7 (5 1.1994/16)
Right to abstain from payment

If, due to the delay of the contractor, the elements are not released at the time when the price or part of the contract is due to be due, the subscriber shall have the right to abstain from payment until such time as the transfer takes place. However, in the event of a delay in the delivery, the subscriber shall not be able to refrain from payment in so far as it appears to exceed the requirements to which he is entitled on the basis of the delay. Even after the surrender, the subscriber has the right to refrain from paying for the part of the price which is necessary as a guarantee of a claim based on delay.

If, as a result of the delay in the contract, the performance referred to in Article 1 (1) (3) is not at the time of the contract at the time when the price or part of the contract is due to be due, the subscriber shall be entitled to deduct from the payment, Until the performance is at the required stage of the contract. If the performance is only partially delayed, the paragraph 1 shall apply mutatis mutandis. Similarly, the provisions of paragraph 1 shall apply mutatis mutandis to the right of a subscriber to deduct from the right of payment in order to safeguard the claim for damages.

If the price or part of the contract is due to be due at a certain point in time prior to the transfer, but there are reasonable grounds to assume that the supply of elements or works will be substantially delayed, the subscriber has the right to deduct from the payment, Until such time as the contractor is likely to be able to complete the contract in time.

§ 8 (5 1.1994/16)
The right of a subscriber to demand compliance with the contract

The right of a subscriber to be required to comply with the contract shall be subject to the provisions of Article 8 of Chapter 5.

§ 9 (5 1.1994/16)
Standard compensation for delay

If the supply of elements or works is delayed, the subscriber shall be entitled to a standard payment. It shall be equal to 0,5 % of the corresponding part of the corresponding part of the corresponding part of the price, followed by the first-month delay, and 1 % of the corresponding part of the corresponding part of the price.

If the delay in the delivery of elements is delayed by the installation of the other elements, the standard remuneration shall be calculated from a part of the price to which the share of the elements concerned is included, including their installation, if it belongs to the contractor. Obligations.

The maximum amount of the standard fee shall be 10 % of the price referred to in paragraphs 1 or 2. However, notwithstanding this Article, the subscriber shall be entitled to compensation for damage exceeding the standard rate of compensation under Article 11.

If the contractor is an obstacle within the meaning of Article 11 (1) or (2), the contractor is not required to pay the standard fee.

ARTICLE 10 (5 1.1994/16)
Contract vending

The subscriber may terminate the contract as a result of the delay in the contractor if it is caused by material injury to him. Where the elements covered by the contract are to be manufactured or acquired, in particular for the buyer, in accordance with his or her instructions or wishes and the contractor cannot, without substantial loss, take advantage of them in any other way, the subscriber shall not: Terminate the contract unless the delay has lasted more than 60 days. However, the subscriber may terminate the contract even before the delay has lasted 60 days if he finds himself in an unreasonable situation because he should remain in the contract.

If the delay relates to an element which can be replaced by an equivalent quantity of goods from elsewhere, the subscriber shall have the right to terminate the contract under the conditions laid down in Chapter 5, Section 9.

If the contractor is delayed in the installation of the elements, the subscriber shall be entitled to terminate the contract under the conditions set out in Section 8 of Chapter 8.

If there are compelling reasons to assume that the delay is taking place, the subscriber may terminate the contract even before the agreed date of delivery is at hand.

ARTICLE 11 (5 1.1994/16)
Damage compensation

The subscriber is entitled to compensation for the damage suffered by the contractor as a result of the delay, unless the contractor proves that the delay is due to an obstacle outside his or her influence, which he cannot reasonably: To be taken into account at the time of the conclusion of the agreement and the consequences of which he could not reasonably have avoided or won.

If the delay is due to the person who has been employed by the contractor to meet the contract or part of the contract, the contractor will be released from liability only if the person concerned is free from liability under paragraph 1. The same applies if the delay is due to the supplier of the contractor or other prior sales step.

However, the contractor of the indirect damage shall be liable only if the delay or damage is due to negligence on his side. The indirect injury shall be:

(1) the loss of income resulting from a breach of contract or the resulting measures;

(2) damage caused by other contractual obligations; and

(3) a substantial loss of the benefits of the contract, which does not directly cause economic damage, and any other material injury which is equivalent to that.

However, where the damage referred to in paragraph 3 (1) to (3) is caused by the limitation of other damage, it shall not, however, be regarded as an indirect injury in this respect.

If the obstacle referred to in paragraph 1 or 2 of the contractor's performance and the contractor without delay inform the subscriber of the obstacle and its effects on the ability to fulfil the contract, the subscriber shall be entitled to compensation for the damage which could have been If he had received the notification in time.

The same entitlement to compensation as the subscriber has a member of his family who is suffering injury as a result of the delay.

ARTICLE 12 (5 1.1994/16)
Specific provisions for the termination of the contract

If the subscriber terminates the contract in whole or in part, and the performance already made by the contractor cannot be substantially reversed, or without material injury to the subscriber, the contractor shall have the right to receive compensation, which shall: Corresponds to its value for the subscriber.

If the subscriber terminates the contract in whole or in part in so far as it is not filled, he shall have access to the building drawings and any other specific instructions or information necessary for the contractor to have access to the contractor. To carry out the work.

Performants and error of performance
ARTICLE 13 (5 1.1994/16)
General rule of error

The performance of the contractor shall be a defect if, in its content, quality or other characteristics, it does not correspond to what can be considered as agreed.

There is also a mistake in the performance of the contractor if:

(1) it does not comply with the requirements laid down in the provisions or in the provisions in force at the time of delivery;

(2) it is or can reasonably be expected to cause harm to health;

(3) the installation or the work of the elements or of any other function of the contractor has not been performed professionally and with care;

(4) the elements are not packaged or otherwise protected appropriately, when necessary for the transport or storage of elements; or

5) does not, by the way, correspond to what the consumer normally has in the context of such an agreement to assume.

ARTICLE 14 (5 1.1994/16)
Information on the performance

The performance of the contractor shall also be a defect if it does not correspond to the information which the contractor has in the marketing or, in other words, the characteristics of the elements, the content of the performance or other quality of the performance, or And may be presumed to have had an impact on the contract. The same applies to information given after the conclusion of the contract, which may be expected to have affected the decision-making of the subscriber.

The performance of the contractor shall also be a defect if it does not correspond to the information referred to in paragraph 1 which the contractor, other than the contractor, has provided for the purposes of marketing the performance of the previous sale or the contractor. However, the performance is not considered to be incorrect if the information has been corrected in a timely manner. The contractor shall not be responsible for the error referred to in this paragraph either, if he was not and should not have been informed of the information given.

An error shall also be made in the performance of the contractor if it is not handed over to the subscriber for instructions necessary for the storage, installation, use or treatment of elements, or if the contractor has otherwise failed to inform the subscriber The circumstances referred to in paragraph 1 which he should have been aware of and of which the subscriber could reasonably be expected to be informed.

§ 15 (13,12,1258)
Date and guarantee of error

Articles 15, 15a or 15b of Chapter 5 shall apply mutatis mutandis in the case of a contract within the meaning of this Chapter.

Error penalties
ARTICLE 16 (5 1.1994/16)
Error notice

A subscriber may not rely on an error in the performance of the contractor unless he reports an error to the contractor within a reasonable period of time when he discovered or should have observed the error. A declaration of error may also be made to a trader who has conveyed the contract to the contractor or has undertaken to correct a defect in the performance or otherwise correspond to the characteristics of the performance.

Notwithstanding paragraph 1, the subscriber may not rely on an error if:

(1) the contractor or other trader referred to in paragraph 1 has been grossly negligent or unworthy and unworthy;

(2) the error is based on the fact that the performance does not comply with the requirements set out in the product safety law or in the other provisions or provisions adopted to protect health or property; or

3. The error is based on the fact that performance is dangerous to health or property.

§ 17 (5 1.1994/16)
Right to abstain from payment

On the basis of a mistake, the subscriber has the right to refrain from paying the price. However, the subscriber shall not retain the amount of money which apparently exceeds the requirements to which he is entitled on the basis of a mistake.

ARTICLE 18 (5 1.1994/16)
Error correction

The subscriber shall have the right to require that the contractor rectifies the error or submits the correct elements to the incorrect holding, without incurring any costs. The condition is that the error can be rectified without incurring unreasonable costs or undue disadvantage to the contractor.

Even if the subscriber does not require the correction of an error or correct elements, the contractor may, at his own expense, carry out such an adjustment if he promptly informed the subscriber of the error and after obtaining the appropriate opportunity. The inspection offers to do so. The subscriber may refuse to correct an error if it would cause him a material disadvantage or a risk that the costs of the subscriber would not be reimbursed.

The contractor shall not rely on the fact that he has not had the opportunity to rectify the error referred to in paragraph 2 if the subscriber has corrected the error and, taking into account the circumstances, cannot reasonably be required to keep the subscriber waiting. Correction of the contractor's side.

§ 19 (5 1.1994/16)
Price reduction and contract demolition

If the correction of the error does not come to the question or, in the absence of an adjustment within a reasonable time, when the subscriber has declared a defect and the contractor has obtained the necessary opportunity for the inspection of the subject, the subscriber may require an error of A price reduction or, if the breach of contract is material, terminate the contract.

In so far as the performance already made by the contractor cannot be restored without material injury, the subscriber shall have the right to terminate the contract only if the other penalty cannot be regarded as reasonable for him.

If there are compelling reasons to assume that there is a material error in the delivery of the contractor later, the subscriber shall be entitled to terminate the contract in so far as it is vacant from the contractor's side.

The provisions of Article 12 shall apply mutatis mutandis to the termination of the contract pursuant to this Article.

§ 20 (5 1.1994/16)
Damage compensation

The subscriber is entitled to compensation for the damage he suffers as a result of an error in the performance of the contractor.

However, the contractor for the indirect damage referred to in Article 11 (3) and (4) shall be liable only if the error or damage is due to negligence on his side.

The right to compensation under this Article shall also cover the damage to the subscriber and the damage to the subscriber. However, this paragraph shall not apply to:

(1) compensation for personal injury caused by an error in the element or material used in the performance;

(2) replacement of the material injury suffered by an element or material used in the performance of the material, provided that the damage is to property other than that of the building or the residential movable property which is mainly in private use; and

(3) compensation for damage to property caused by an error in a building's needs, in case of damage to property which does not have direct access to the device.

A member of the family of a subscriber who is harmed by a mistake is the same entitlement to compensation.

ARTICLE 21 (5 1.1994/16)
Accountability of non-contractors

The provisions of Section 22 of Chapter 5 shall apply mutatis mutandis in the case of the performance referred to in this Chapter.

§ 22 (5 1.1994/16)
Indemnity arising from the error of the cost estimate

If the contractor has given the subscriber a cost estimate of the supplies, works or measures necessary for the completion of the building, which are not included in the contractor's own performance, and the subscriber has had a legitimate reason to trust The fact that the estimate is not substantially exceeded, the subscriber is entitled to an equitable remuneration if the contractor has not been thoroughly assessed and the cost of the subscriber to the subscriber has been substantially assessed; Larger.

Price and payment
ARTICLE 23 (5 1.1994/16)
Price assessment

If the service provided for by the installation of the elements or the service provider referred to in Article 1 (2) is not fixed at a fixed price, the contractor shall, prior to the conclusion of the contract, issue a price estimate to the subscriber. In so doing, the price of the performance may not exceed a price estimate of up to 15 %, subject to Article 24.

§ 24 (5 1.1994/16)
Conditions for price rises

The contractual condition that the contractor has the right to unilaterally increase the agreed price or more than the price estimate provided for in Article 23 shall be valid only if:

(1) the increase is due to a change in the law or to a decision of an authority which the contractor cannot reasonably be required to take into account when concluding the contract, or any construction, installation or other contractor; An obstacle to the exercise of the service to be carried out by the contractor, which he could not reasonably be required to take into account when the contract was concluded and the consequences of which he could not reasonably have Avoid or win;

(2) the contractor's performance has been deferred for a reason resulting from the subscriber and the price increase is due to the increase in costs incurred by the contractor as a result; or

(3) the increase is due to the inaccuracy of the information given by the subscriber or by the subscriber.

The price increase and its criterion shall be notified to the subscriber without delay. In the cases referred to in Article 1 (1) (1) and (2), no price increase shall be invoked when the contractor has fulfilled that obligation.

If the price increase in the case referred to in paragraph 1 (1) is greater than 5 % of the price, the subscriber shall have the right to terminate the contract, unless the increase is due to the extension of the tax base in such a way that the earlier tax-free performance changes For a tax. If the increase in the installation related to the delivery of elements would be greater than 15 % of the price under the contract, the subscriber shall have the right to terminate the contract in respect of the installation.

ARTICLE 25 (5 1.1994/16)
Price payment and security

Unless the date of payment of the price has been agreed, the subscriber shall pay the price if the contractor so requires, but not until the performance has been waived in accordance with Article 3 and the subscriber has had a reasonable opportunity to check the performance.

Where, according to the contract, the subscriber has to pay a part of the price in advance to the contractor, the contractor shall place on the subscriber a security guarantee, which shall remain valid until the value of the contractor's performance is equal to at least: The amount of the advance.

Article 25 (2) of Chapter 8 provides for a breakdown of the price, which is not made at a fixed price.

Where payment is made through a bank or postal service, the payment shall be deemed to have occurred during the assessment of the rights under Articles 28 to 31 of the contractor on the date of acceptance by the bank or post of an appropriate payment order for the subscriber.

Sanctions of temporary breach of contract
§ 26 (5 1.1994/16)
Withdrawal of orders

If the subscriber violates the contract by cancelling the order of the elements before they are released, the contractor is not entitled to stay in the contract and demand payment of the price. Instead, the contractor is entitled to compensation for the damage caused to him in accordance with Article 30.

If the cancellation relates to the works or to the service provided solely for the delivery of elements or any other service provided by the contractor, Articles 26 and 30 of Chapter 8 shall apply.

§ 27 (5 1.1994/16)
The right of the contractor to refrain from performance

The provisions of Article 27 of Chapter 8 shall apply mutatis mutandis to the right of the contractor to abstain from the performance necessary for the contract referred to in this Chapter.

ARTICLE 28 (5 1.1994/16)
Interest rate on delay

If the subscriber is delayed in the payment of the price, the contractor has, when the order is not withdrawn or terminated, the right to a delay rate according to the provisions of the law.

§ 29 (5 1.1994/16)
Contract vending

The contractor may terminate the contract as a result of late payment of the subscriber if the breach of contract is material.

If the contractor has set a price for the payment of an additional period which is not unduly short, he may terminate the contract if the subscriber does not pay the payment within an additional period. During an additional period of time, the contractor may terminate the contract only if the subscriber declares that he does not make a payment within this period.

If the subscriber has acquired the elements, the contractor may terminate the contract only if he has reserved the right to do so or if the subscriber rejects the elements. In the case of a job or service to the subscriber, the contractor may terminate the contract only in so far as the work or service has yet to be carried out.

The contractor shall not terminate the contract due to the late payment of the subscriber after the delayed payment has been made.

ARTICLE 30 (5 1.1994/16)
Damage compensation

If the contractor diss the contract because of late payment or if the subscriber withdraws the order in accordance with Article 26 (1), the contractor shall be entitled to compensation for the special costs incurred by him in the contract And of which he is likely to be unable to benefit in any other way, as well as the specific costs resulting from the termination or cancellation of the contract.

For any other injury, the contractor shall have the right to compensation, which is reasonable, taking into account the agreed price, the date of termination of the contract or the cancellation of the contract, the measures taken to fulfil the contract and the other elements.

However, the contractor does not have the right to compensation if the late payment or withdrawal of the order is due to the provision of the law, the interruption of public transport or of payment services, or any other similar obstacle to which the subscriber Cannot reasonably be avoided or won.

The agreement that the compensation to be paid by the subscriber is determined in accordance with a certain percentage of the price or other standard base, is valid if the compensation provided for in the contract is reasonable, taking into account the termination or cancellation of the contract The damage normally caused and the provisions of paragraphs 1 to 3.

ARTICLE 31 (5 1.1994/16)
Failure to comply with a subscriber's obligation

If the supply of elements is delayed by reason of the subscriber, the contractor shall be entitled to reimbursement of the costs of transport, storage or hedging of the elements, as well as insurance expenditure, from the subscriber due to the delay. The agreement that the remuneration to be paid by the subscriber is determined by a specified percentage of the price or other standard base, is valid if the compensation provided for in the contract is reasonable, taking into account the delay referred to above Costs normally incurred by the contractor.

If the installation of the elements is part of the obligations of the contractor and the installation is delayed for a reason, the contractor is entitled to a reasonable compensation for the damage caused to him by the fact that the installation is not Be able to offer replacement work.

If the contractor referred to in Article 1 (1) (3) is delayed for the reason of the subscriber, the contractor is entitled to compensation in accordance with paragraphs 1 and 2.

In the event of an unreasonable delay in the delivery of the contractor, the contractor has the right to terminate the contract and to obtain compensation from the subscriber in accordance with Article 30. If the installation of the elements is part of the obligations of the contractor, the contractor shall have the corresponding right to the termination of the contract and to compensation for damages.

Other provisions on trade in house elements and works
ARTICLE 32 (5 1.1994/16)
Application of trade law provisions

The provisions of the Commercial Code shall apply to trade in the elements referred to in this Chapter, in so far as it is not otherwise provided for by the provisions of this Act. The trade in elements referred to in this Chapter shall not apply to: Article 13 of the Commercial Code (3), Articles 31 and 47, Article 49 (3) and Article 73 (2). What Article 76 of the Commercial Code (2) shall not apply when the subscriber is subject to the obligation of care. The provisions of Articles 75 to 78 of the Commercial Code do not apply to trade in the elements referred to in this Chapter if, according to the provisions of Articles 28 to 30 of this Chapter, the compensation to the contractor is higher than that provided for by the contractor.

§ 33 (5 1.1994/16)
Limitation of injury and settlement of damages

The provisions of Section 30 of Chapter 5 shall apply mutatis mutandis in the case of the contract referred to in this Chapter.

§ 34 (5 1.1994/16)
Incorrect liability of the non-contractor

Article 31 (31) and Chapter 8 (34) or Article 35 of Chapter 8 provide for the right of the purchaser or the subscriber to apply a claim based on an error based on an earlier sale step or a contractor to use the trader; The agreements referred to in this Chapter.

Chapter 10 (11.3.2011/227)

Time shares and long-term holiday products

ARTICLE 1 (11.3.2011/227)
Scope

This Chapter provides for contracts between the trader and the consumer concerning the sale or transfer of a timeshare or long-term holiday product or an exchange of timeshare. It also provides for the marketing of timeshare, long-term holiday products and related intermediation or exchange activities from traders to consumers.

The provisions of the chapter do not apply to contracts free of charge or to contracts for timeshare contracts and long-term holiday products which have been concluded for a limited period of one year. However, the provisions will apply if the duration of the fixed-term contract or the duration of the contract for long-term holiday products can continue for more than one year without a separate agreement between the parties.

ARTICLE 2 (11.3.2011/227)
Definitions

For the purposes of this chapter:

(1) Timeshare The right to use the property relating to fixed or movable property, as defined in the contract, as defined in the contract;

(2) Timeshare residence A building or apartment dedicated to housing, whose right of use is based on timeshare;

(3) Long term Holiday product A contract based on a contract of more than one year's right to receive, as a matter of priority, a reduction or other benefits for accommodation, either separately or connected to a journey or other service;

(4) Exchange agreement An agreement on the accession of a timeshare to other accommodation facilities or services covered by the system;

(5) Arbitration agreement A sale or purchase order for a time or long-term holiday product;

(6) The ancillary contract Contract for a timeshare contract or a long-term holiday product contract for services supplied by a trader or a third party to a contract between that third party and the trader or another Under the arrangement;

(7) In a permanent manner, The provision of information in person, in writing or by electronic means, in such a way that the recipient can record and reproduce the data unaltered.

ARTICLE 3 (11.3.2011/227)
Mandatory and application of foreign law

A contractual clause derogating from the provisions of this Chapter to the detriment of the consumer shall be null and void, unless otherwise specified below.

If any of the buildings covered by the contract are located in a country belonging to the European Economic Area ( EEA State ) And the Agreement should be applicable to non-EEA State law, the provisions of this Chapter shall apply, however, in so far as consumers are more effectively protected than otherwise applicable under the law applicable. The provisions shall apply mutatis mutandis to another contract falling within the scope of this Chapter, provided that the trader carries out his commercial or professional activities in the EEA State or directs any such activity in the EEA State; and The contract is covered by that activity.

§ 4 (11.3.2011/227)
Prior information

The trader shall, in good time before the consumer concludes a contract falling within the scope of this Chapter, or a binding offer to the consumer, provide the consumer with clear and sufficient details:

(1) the trader party to the contract;

(2) the nature, content and use of the rights under contract;

3) of the price, other charges and expenses;

(4) the property, the building, the apartment or any other accommodation covered by the contract;

(5) services provided for in the contract;

6. On the right of withdrawal in accordance with Article 9 and the prohibition of advance payments pursuant to Article 12;

(7) the duration of the contract and the termination or other termination of the contract;

(8) the possibility of bringing disagreements on the contract to the settlement of disputes between the Consumer Committee or the other body dealing with consumer disputes.

The information referred to in paragraph 1 shall be provided on a timeshare basis, a long-term holiday product, an arbitration agreement or a change agreement for each type of contract. The form shall be provided free of charge, in a permanent manner and at the choice of the consumer, in the language of the Member State of residence or of the Member State of residence if the EEA State and the chosen language are an official language of the European Union or Norwegian or Icelandic.

The form and content of the data forms are further regulated by a decree of the Ministry of Justice.

§ 5 (11.3.2011/227)
Marketing

When marketing the rights or activities covered by this Chapter, the trader shall indicate the information sheet referred to in Article 4 and where and how the consumer can obtain it.

If the contract is offered to the consumer in person in a presentation or sale, the trader shall, at the invitation of the trader, clearly state the nature and purpose of the event. The consumer shall be able to receive an information sheet as referred to in Article 4 at any time during the event.

The timeshare or long-term holiday product shall not be marketed as an investment.

ARTICLE 6 (11.3.2011/227)
Form and language of the contract

The agreement shall be made in writing and signed by the parties. The consumer shall be given a copy of the contract. The contract may also be concluded electronically in such a way that the consumer can record and duplicate the contract unchanged. The electronic signature of the Agreement shall be governed by the law on strong electronic identification and electronic signatures (19/2009) Provides. The form and content of any credit agreement relating to the main agreement shall be governed by Chapter 7 of this Act.

According to the choice of the consumer, the contract must be drawn up either in the language of the Member State of residence or of the Member State of nationality, where the EEA State and the chosen language are the official language of the European Union or the Norwegian or Icelandic. In addition, if the property covered by the contract is located in another EEA State other than the one in which the contract is drawn up, the trader shall provide the consumer with a certified translation of the contract in the language of the country in which the property is located. If the contract is concluded with a trader in Finland in a language other than Finnish or Swedish, the trader shall, at the request of the consumer and at the choice of the consumer, provide the consumer with a Finnish or Swedish translation of the contract.

§ 7 (11.3.2011/227)
Contract content

The information provided by the information sheet referred to in Article 4 shall form part of the contract if the parties do not agree otherwise. The trader shall unilaterally change the information provided on the form only if the change is due to unusual and unforeseeable circumstances which he has not been able to influence and the consequences of which he does not take care of. The following could have been avoided. Changes shall be communicated to the consumer in a durable manner before the conclusion of the contract. The information and changes to the form shall be mentioned in the contract. In addition, the contract shall specify the name and address of each party and the time and place of the contract.

The contract shall be accompanied by a separate standard form allowing the consumer to notify the withdrawal of the contract in accordance with Article 9. The form and content of the withdrawal form shall be governed by a decree of the Ministry of Justice.

§ 8 (11.3.2011/227)
Other requirements for the conclusion of the contract

Prior to the conclusion of the contract, the trader shall draw the attention of the consumer, in particular to the right of withdrawal in accordance with Article 9 and the period of withdrawal and the prohibition on the payment of advance payments under Article 12. The trader shall ensure that the consumer signs separately the terms of the contract corresponding to those provisions.

§ 9 (11.3.2011/227)
Right of withdrawal

The consumer shall have the right to withdraw from the contract within 14 days of the conclusion of the contract or of the subsequent date on which the consumer has obtained the contract. If the consumer is offered a change agreement in the context of a timeshare contract, both contracts shall be subject to the withdrawal period for the timeshare contract.

The consumer shall inform the trader of the withdrawal by means of the withdrawal form referred to in Article 7 (2) or in a permanent manner.

If the consumer exercises his right of withdrawal, the obligations of the parties under the agreement shall cease. The consumer shall not be required to pay compensation for any expenses incurred by the trader or for services rendered prior to the withdrawal. Any payment received by the consumer shall be returned without delay by the trader. Interest shall be paid on the amounts to be returned by the interest rate law (633/1982) In accordance with the interest rate referred to in paragraph 2, from the date on which the performance was received.

ARTICLE 10 (11.3.2011/227)
The effect of failure to provide a form during the withdrawal period

If the trader has not provided the consumer with the withdrawal form referred to in Article 7 (2), or otherwise in a durable manner, the withdrawal period shall end one year and 14 days after the date referred to in Article 9 (1) The day. If the withdrawal form is submitted during that year, the 14-day withdrawal period shall start from the date on which the consumer has received the form.

If the consumer has not been provided in a permanent manner, the withdrawal period shall end three months and 14 days after the date referred to in Article 9 (1). If the information sheet is provided within the three months concerned, the 14-day withdrawal period shall start from the date on which the consumer has received the form.

ARTICLE 11 (11.3.2011/227)
Cancellation of the ancillary contract and the credit agreement

If the consumer withdraws the main contract for a timeshare or long-term holiday product, the relevant change agreement or any other ancillary contract shall be cancelled without measures and without consequences for the consumer.

Where the consumer has been granted credit for the main contract, the provider of which is the trader himself or any other creditor, on the basis of an agreement with the trader or any other consumer credit facility, The credit agreement is cancelled in the event of the consumer's withdrawal of the main contract.

ARTICLE 12 (11.3.2011/227)
The prohibition shall be accepted during the withdrawal period and during the period of validity of the arbitration agreement

The trader and a third party shall not accept a timeshare contract, a long-term holiday product contract or a consumer payment based on a change agreement before the withdrawal period in accordance with Article 9 or 10 is Finished. The prohibition shall also apply to the provision of a commitment, guarantee and other security, as well as other arrangements to enable the consumer to be subject to payment.

The agreement shall be subject to the prohibition of prior consent of the consumer and other commitments and arrangements in accordance with paragraph 1, until such time as the arbitration is completed or the arbitration agreement has otherwise been terminated.

ARTICLE 13 (11.3.2011/227)
Payment table for long-term holiday product and termination of contract

The trader shall draw up a table of payments under the contract for long-term holiday product, in which all payments made to the consumer, including any membership fees, have been allocated on a yearly basis. The instalments due. No other contributions shall be required from the consumer in addition to the instalments entered in the payment table. The trader shall send the consumer the invoice or any other maturing declaration in a permanent manner at least 14 days before each due date.

The consumer shall have the right to terminate the contract relating to a long-term holiday product without penalty, including the right to terminate the second payment, by notifying the trader at the latest 14 days after the date of that year's payment The receipt of the declaration of maturity.

ARTICLE 14 (11.3.2011/227)
Payment of the price of a timeshare during construction

If the purchase price of the timeshare is agreed in some respects before the construction authority has approved the purchase, the amount of the advance instalments of the trade price shall not be so large that they are disproportionate To the value of the trader's performance at maturity. At least 10 % of the trade shall be required to be paid only after the accommodation is approved and the consumer has had a reasonable opportunity to check it.

§ 15 (11.3.2011/227)
Application of consumer law provisions

Chapter 5, as provided for in Chapter 5, applies mutatis mutandis to the timeshare agreement.

ARTICLE 16 (11.3.2011/227)
Penalties for infringement of certain provisions

A trader who infringes the provisions of Sections 4 to 8 or 12 to 14 of this Chapter relating to marketing and contractual relations may, where it is necessary for consumer protection, prohibit the continuation or renewal of such a procedure or The same procedure. The imposition of a ban and the periodic penalty payment are laid down in Chapters 2 and 3.

CHAPTER 11 (27.8.2010/746)

(27.8.2010/746)

11 The LUKU has been repealed by L 27.8.2010/746 .

CHAPTER 12

Miscellareous provisions

ARTICLE 1 (5 1.1994/16)
Liability of a consumer goods dealer

The trader, on behalf of the provider of the commodity agreement, shall be responsible for fulfilling the contract to the consumer acquiring the goods in Char 5 and 8, and Article 41 of the Commercial Code In accordance with However, such liability shall not arise where the intermediary acts on behalf of another trader and the consumer is aware of this and the effect of that fact on his rights.

The intermediary's liability shall be without prejudice to the rights of the consumer in relation to the other party.

The responsibility of the real estate agent is valid, which is provided for separately.

§ 1a (5 1.1994/16)
The application for damages in certain cases

An action under this law relating to compensation for damage to property caused by a defect in the case of damage to any other property or to the material misconduct of the material used in the performance of a service other than that of the service to the object Compensation for damage to property shall be increased within three years from the date on which the compensation was informed of the occurrence of the damage and the compensation obligation. However, the action shall be instituted within ten years of the calculation of the liability for the movement of the goods or material which caused the damage.

Article 1b (5 1.1994/16)
Relationship with damages law and other laws

The provisions of this Act shall be without prejudice to the right of the injured party to claim compensation under the liability law, the product liability law or any other law.

Article 1c (12/02/1211)
Right to appeal to certain notices and documents

In the event of an incorrect notification or notification of termination or withdrawal of a contract within the meaning of this Act, the consignor may rely on the notification, even if it is late, distorted or not There.

If there is no other explanation for the date of arrival of the notification, the post sent by post shall be deemed to have arrived on the seventh day of dispatch and by electronic means on the day on which the notification was sent.

Paragraphs 1 and 2 shall also apply to confirmation, contract terms and other documents which the trader has sent to the consumer in accordance with this law.

Article 1d (5 1.1994/16)
Dispute handling

Before the dispute arose, the condition of the dispute between the trader and the consumer in the arbitration procedure is not binding on the consumer.

The competent court and court agreement shall be governed by: In Chapter 10 of the Court of Justice . (13/03/2013)

Article 1e (21.1.2005/29)
Calculation of time limit

For the purposes of calculating the time limit laid down in this Act, the date on which the contract or other such action was adopted shall not be taken into account. If the last day of the period is a holiday, the Fourth of July, Day of Day, Christmas or Celebration, or on a daily basis, the action may be taken on the first working day after that date.

Article 1f (18.12.1998/ 416/1999)
General conflict of laws provisions

In so far as there is no other provision of this or other law, the law applicable to contractual obligations under this Law shall be governed by the Convention on the Law Applicable to Contractual Obligations of 19 June 1980 in Rome In accordance with Where the contractual obligations referred to in this Act are not covered by that Convention, the provisions of the Convention shall apply mutatis mutandis.

ARTICLE 2
More detailed provisions (5 1.1994/16)

More detailed provisions on the application and enforcement of this law may be adopted by a Regulation.

ARTICLE 3
Entry into force (5 1.1994/16)

This Act shall enter into force on 1 September 1978.

Entry into force and application of amending acts:

28.5.1982/390:

This Act shall enter into force on 1 January 1983. The Ministry of Trade and Industry must establish the formula referred to in Article 2 (1) well before the law enters into force. The trader may also make an application and the business board approves the formula referred to in Article 2 (1) before the law enters into force.

The Act shall apply to the home and mail order of the consumer product after or after the date of entry into force.

HE 7/82, tv miet. Two-two-two-two. 43/82

14.1.1983/45:

This Act shall enter into force on 1 January 1984.

HE 215/82, tv mites. 15/82, svk.M. 246/82

23.5.1986/385:

This Act shall enter into force on 1 January 1987.

Articles 6 to 9 of Chapter 7 of this Act shall not apply until six months after the entry into force of the law.

This law shall apply to contracts concluded after its entry into force. However, before the entry into force of this Act, the provisions adopted pursuant to Articles 11 to 20 and 21 of Chapter 7 shall apply after the entry into force of the law.

HE 88/85, tv miet. 1/86, the svk.M. 17/86

13.1.1989/8

This Act shall enter into force on 15 February 1989.

HE 208/88, tv miet. 9/88, svk.M. 215/88

24.8.1990/811:

This Act shall enter into force on 1 January 1991.

HE 66/88, Ivhms. 6/90, svk.M. 56/90

8.1.1993/84:

This Act shall enter into force at the time laid down by the Regulation.

THEY 218/92 , TaVM 43/92 SuVM 6/92, Annex XIX to the EEA Agreement: Council Directive (85/577/EEC)

8.1.1993/85:

This Act shall enter into force at the time laid down by the Regulation.

This law shall apply to contracts concluded after its entry into force.

THEY 238/92 , TaVM 48/92, Annex XIX to the EEA Agreement: Council Directives (87/102/EEC and 90 /88/EC)

5.1.1994/16:

This Act shall enter into force on 1 July 1994.

Before the entry into force of this Act, agreements and commitments entered into shall be subject to prior law.

Article 31 of Chapter 5 of the Law on Erronment Liability of an earlier sale, Article 34 of Chapter 8 of the Law on Liability of the Material Editor, and Article 35 of Chapter 5 of Chapter 5 and Article 35 of Chapter 8 of the Law on Erronment Liability shall not apply if the requirement: Shall be directed to the trader who has supplied the defective goods or material or made his incorrect performance before the entry into force of this Act.

THEY 360/92 , TaVM 40/93

28.6.1994/541:

This Act shall enter into force on 1 September 1994.

This law shall apply to contracts after its entry into force.

THEY 13/94 , TaVM 16/94

19 AUGUST 1994/759:

This Act shall enter into force on 1 September 1994.

THEY 88/94 , TaVM 26/94

16.12.1994/1259:

This Act shall enter into force on 1 January 1995.

Agreements entered into before the entry into force of the law shall be governed by the provisions in force when the law enters into force.

THEY 218/94 , TaVM 31/94 Council Directive 93 /13/eec, OJ L 95, 21.4.1993, p. 29

13.1.1995/37:

This Act shall enter into force on 1 March 1995.

THEY 300/94 , TaVM 43/94

11.12.1997/1162:

This Act shall enter into force on 1 March 1998.

Contracts concluded before the entry into force of the law shall be governed by the law applicable upon entry into force of the law.

THEY 181/1997 , TaVM 29/1997, EV 191/1997, Directive 94 /47/EC of the European Parliament and of the Council, OJ L 280, 29.10.1994, p. 83

19.12.1997/1241:

THEY 220/1997 , TaVM 33/1997, EV 212/1997 Council Directive 92 /42/EEC; OJ L 167, 22.6.1992, p. 17, Council Directive 92 /75/EEC; OJ L 297, 13.10.1992, p. 16, Council Directive 93 /68/EEC; OJ L 220, 30.8.1993, p. 1, Parliament and Council Directive 96 /57/EC; OJ L 236, 18.9.1996, p. 36

18.12.1998/416/1999

This Act shall enter into force at the time laid down by the Regulation. L 416/1999 came into force on 1 April 1999 in accordance with A 417/1999.)

Prior to the entry into force of this Act, prior law shall apply.

THEY 103/1998 , LaVM 14/1998, EV 174/1998 Council Directive 93 /13/eec, OJ L 95, 21.4.1993, p. 29

22.4.1999/514:

This Act shall enter into force on 1 September 1999.

THEY 199/1996 , LaVM 30/1998, EV 302/1998

15.12.2000/1072:

This Act shall enter into force on 1 March 2001.

This law repeals the Decree of 30 December 1993 on domestic and mail order (1601/1993) . The authorisations granted under Articles 2 and 3 shall cease to be valid at the time of entry into force of this Act.

Before the entry into force of this Act, the law applicable at the time of entry into force of the Act shall apply.

Fishing documents issued by the Ministry of Trade and Industry before the entry into force of this Act or approved separately by the Consumer Agency may be used for one year from the date of entry into force of the law.

THEY 79/2000 , TaVM 24/2000, EV 140/2000, European Parliament and Council Directive 97 /7/EC (397L0007); OJ L 144, 4.6.1997, p. 19, Directive 97 /55/EC of the European Parliament and of the Council (397L0055); OJ L 290, 23.10.1997, p. 18

13.12.2001/1258:

This Act shall enter into force on 1 January 2002.

Before the entry into force of this Act, the law applicable at the time of entry into force of the Act shall apply.

THEY 89/2001 , TaVM 18/2001, EV 139/2001, Directive 1999 /44/EC of the European Parliament and of the Council (31999L0044); OJ L 171, 7.7.1999, p. 12

28.12.2001/1547

This Act shall enter into force on 1 March 2002.

Before the law enters into force, measures may be taken to implement the law.

THEY 105/2001 , LaVM 23/2001, EV 191/2001

24.5.2002/391:

This Act shall enter into force on 1 July 2002.

The provisions in force prior to the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 14/2002 , TaVM 5/2002, EV 52/2002, Council Directive 85 /577/EEC (31985L0577); OJ L 372, 31.12.1985, p. 31, Council Directive 93 /13/EEC (31993L0013); OJ L 95, 21.4.1993, p. 29

5.6.6.460:

This Act shall enter into force on 1 July 2002.

THEY 194/2001 , TaVM 4/2002, EV 44/2002, Directive 2000 /31/EC of the European Parliament and of the Council (300L0031); OJ L 178, 17.7.2000, p. 1

15.8.2003/741:

This Act shall enter into force on 1 January 2004.

Prior to the entry into force of the law, the consumer claim is rendered obsolete, in accordance with the law on the limitation of debt (728/2003) Paragraph 3 provides.

THEY 187/2002 , No 278/2002,

21.1.2005/29:

This Act shall enter into force on 1 April 2005.

Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply. However, Article 3 (2) of Chapter 7 shall apply where, after the entry into force of this law, the use of a financial service or a financial instrument is exercised unlawfully.

THEY 122/2004 , TaVM 20/2004, EV 166/2004, Directive 2002/65/EC of the European Parliament and of the Council (32002L0065); OJ L 271, 9.10.2002, p. 16

29.8.2008/561:

This Act shall enter into force on 1 October 2008.

THEY 32/2008 , TaVM 11/2008, EV 67/2008, Directive 2005 /29/EC of the European Parliament and of the Council (305L0029); OJ L 149, 11.6.2005, p. 22,

13 MARCH 2009:

This Act shall enter into force on 1 September 2009.

The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 70/2008 , LaVM 16/2008, EV 5/2009

6.11.2009/844

This Act shall enter into force on 1 February 2010.

Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 64/2009 , TaVM 13/2009, EV 132/2009, Directive 2002/65/EC of the European Parliament and of the Council (32002L0065; OJ L 271, 9.10.2002, p. 16.

22.12.2009/1395:

This Act shall enter into force on 1 January 2010.

However, Article 24 (3) of Chapter 7 of this Act shall enter into force on 1 February 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

30.4.2010/29:

This Act shall enter into force on 1 May 2010.

Instead of this law, the provisions in force at the time of entry into force of this Act shall apply if the procedure under which the account holder is called to account has taken place before the entry into force of this Act. However, in so far as the identifier has been unlawfully used after the entry into force of this Act, this law shall apply, unless the application of the law in force at the date of entry into force of this Act leads to a more favourable outcome for the account holder.

THEY 169/2009 , TaVM 4/2010, EV 38/2010, Directive 2007 /64/EC of the European Parliament and of the Council (32007L0064) OJ L 319, 5.12.2007, p.1

27.8.2010/746:

This Act shall enter into force on 1 December 2010.

Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

However, before the entry into force of this Act, Article 13 (1) and Article 13 (4), Article 14 (2) and Article 25 shall apply.

In addition, Article 23 shall apply to lump sum contracts concluded before the entry into force of this Act.

In addition, Articles 24, 30 to 32 and 46 and Article 47 (1) shall apply to ongoing credit agreements concluded before the entry into force of this Act, in so far as the article provides for the regular transmission of information to the consumer in a permanent manner, 2 And (3) in so far as it provides for the provision of information to the consumer on a regular basis and on the information to be provided in the event of the crossing of the credit limit.

THEY 24/2010 , TaVM 10/2010, EV 89/2010, European Parliament and Council Directive 2008 /48/EC (308L0048); OJ L 133, 22.5.2008, p. 66, European Parliament and Council Directive 2009 /22/EC (309L0022); OJ L 110, 1.5.2009, p. 30

11.3.2011/227:

This Act shall enter into force on 15 June 2011.

Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 220/2010 , TaVM 39/2010, EV 289/2010, Directive 2008 /122/EC of the European Parliament and of the Council (32008L0122); OJ L 33, 3.2.2009, p. 10

30.11.2012/6841

This Act shall enter into force on 1 January 2013.

THEY 108/2012 , TaVM 9/2012, EV 98/2012

31.1.2013/133:

This Act shall enter into force on 1 September 2013.

Before the law enters into force, action can be taken to enforce the law.

THEY 124/2012 , LaVM 15/2012, EV 158/2012

15.3.2013/2012

This Act shall enter into force on 1 June 2013.

Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply. However, Article 13 (2) (3) and (3) of Chapter 7 shall also apply to matters relating to contracts concluded before the entry into force of this Act.

THEY 78/2012 , TaVM 15/2012, EV 3/2013

30.12.2013/1211:

This Act shall enter into force on 13 June 2014.

Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

However, before the entry into force of this Act, Article 14 of Chapter 2 shall apply.

THEY 157/2013 , TaVM 34/2013, EV 174/2013, European Parliament and Council Directive 2011 /83/EU (32011L0083); OJ L 304, 22.11.2011, p. Directive 2005 /29/EC of the European Parliament and of the Council (32005L0029); OJ L 149, 11.6.2005, p. 22