Advanced Search

The Rules On Distance Contracts

Original Language Title: Noteikumi par distances līgumu

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Cabinet of Ministers Regulations No. 255 Riga 2014 (20 May. 5. § 29) the provisions on distance contracts Issued under the Consumer Protection Act 10. the second paragraph of article i. General questions 1. determined before the conclusion of the distance contract and the distance contract to be provided information to be included in the content, its delivery procedures for the implementation of the right of withdrawal deadlines and procedures, consumer and a seller or service provider's rights and obligations in the exercise of the right of withdrawal in the case as well as the refusal of the sample form, and exceptions to the right of withdrawal. 2. the rules shall not apply to: 2.1 the complex tourist services; 2.2. holiday home use rights contracts, vacation services of long-term contracts, holiday home or long-term usage rights for long-term holiday service resale contracts and holiday home use rights exchange contracts; 2.3. passenger transport services (excluding this provision 12. and paragraph 13); 2.4. the contracts for food, drink or other immediate consumption in households for the supply of goods which the seller often and regularly delivered to the consumer's place of residence, place of residence or workplace; 2.5. contracts concluded through a vending machine or automated commercial site; 2.6. the contracts concluded with operators of electronic communications using public pay telephones, public telephones or concluded, to use one of the consumer make a phone, internet or fax connection; 2.7. financial services; 2.8. contracts for real estate or related acquisition or transfer of rights; 2.9. contracts for the construction of new buildings or existing buildings significant conversion and residential space rental agreement; 2.10. the contracts concluded with notaries, bailiffs or other public officials treated persons. 3. Contracts for water, gas or electricity, except where it is offered or sold in a limited volume or set quantity, contracts for central heating, as well as digital content that is delivered to the permanent data medium provision on services, insofar as these rules otherwise. 4. monitoring of compliance with these provisions take the consumer rights protection centre. II. Information on the distance contract 5. Before the consumer is bound to a distance contract or offer, agreed to seller or service provider is clear and understandable to provide the consumer with the following information: 5.1. goods or services the main characteristics of the extent that is appropriate to the media used and the product or service; 5.2. the seller or service provider identity, such as a salesperson or the name of the service provider; 5.3. the seller or service provider address, telephone and fax numbers and, if applicable, the electronic mail address for consumers to quickly and effectively communicate with the seller or service provider, as well as, if applicable, the identity of the person and the legal address of the seller or service provider; 5.4. the seller or service provider's actual address, if different from the registered office and, if applicable, the person on whose behalf the seller or the service provider is running, actual address, to which the consumer may address complaints; 5.5. the goods or services the final price, including taxes and fees. If a product or service characteristics, price reasonably cannot be calculated in advance, the calculation type. 5.6. delivery, postage or other expenses, if applicable. If the expenses are justified cannot be calculated in advance, the information about the fact that such payments are possible; 5.7. for an indefinite period contracts or subscription fees indicates one invoice preparation period. If under those contracts pay a fixed amount, the total monthly fee. If the total monthly fee reasonably cannot be calculated in advance, the calculation type. 5.8. if applicable, the fee for the conclusion of the Treaty applied to the use of means of distance communication, if it is not calculated in accordance with the basic tariff; 5.9. the arrangements for payment, delivery or performance of the service provision, the time limit for the seller or the service provider undertakes to deliver the goods or service provider to provide the service, and the complaint handling policy, if applicable; 5.10. right of withdrawal in the case of information concerning the right of withdrawal, the period within which, and the procedure, as well as the provisions contained in part B of the annex in the form of refusal; 5.11. where applicable, the information that the right of withdrawal in the event the product usually can not be send back by mail, consumers will bear with the goods returns, related costs; 5.12. If the consumer exercises his right of withdrawal after sent to the seller or supplier of the request in accordance with paragraph 18 of these regulations, the information that the consumer will pay the seller or the service provider a reasonable fee in accordance with paragraph 23 of these rules; 5.13. If the right of withdrawal are not designed in accordance with the provisions of point 22, the information that the consumer may not exercise the right of withdrawal, or information about the circumstances in which the consumer loses his right of withdrawal, if applicable; 5.14. information on the statutory rights of the consumer if a product or service does not comply with the provisions of the Treaty; 5.15. information on warranty, after-sales assistance and services, and the conditions, if applicable; 5.16. information on the code of good practice developed in accordance with the prohibition of unfair commercial practices the law and the way to get a copy of it, if applicable; 5.17. the term of the contract, if the contract is concluded for a fixed period or the termination of conditions if the contract is concluded for an indefinite period of time or is automatically extended, if applicable; 5.18. the contractual minimum contractual period, if applicable; 5.19. the information for the first contribution or other financial guarantees to pay or provide to the consumer by a seller or a service provider's request, as well as the conditions, if applicable; 5.20. the use of digital content and its properties (functionality), including the technical protection measures, if applicable; 5.21. if applicable, essential information on digital compatibility with hardware and software, if seller or service provider is unknown or he reasonably ought to know; 5.22. if applicable, information about complaints and out-of-court compensation opportunities and how to access them. 6. If the seller or service provider product or service sold at auction, in which the consumer is participating or has the opportunity to participate personally (public auction), this rule 5.2, 5.3 and 5.4 of the information can be replaced with equivalent information for the auctioneer. 7. This rule 5.10, 5.11 and 5.12. information specified in point the seller or the service provider is entitled to provide the relevant provisions in this annex contains instructions about the right of withdrawal. The information shall be deemed to provide that if the withdrawal form is completed properly. 8. This provision of the information referred to in paragraph 5 is an integral part of the Treaty that may be amended only if the parties expressly agreed. 9. The seller or the service provider is obliged to show that the consumer is provided with the information in these provisions. 10. If the seller or the service provider is not provided by this rule 5.6.5.11 above specified or information about additional payments or goods returns, costs, then the consumer does not have the obligation to pay such charges or to bear such costs. 11. This provision of the information specified in paragraph 5 of the seller or the service provider provides a simple and accessible language and in a manner appropriate to the means of distance communication used feature. If that information is provided in a durable medium, it must be legible. 12. If the conclusion of the distance contract to use electronic means, and the consumer is obliged to make the payment, the seller or provider of these rules 5.1, 5.5, 5.6, 5.7, 5.17 and 5.18. the information specified in subparagraph shall be provided in a clear and unambiguous manner, just before a consumer places an order. 13. the seller or the service provider must ensure that consumers, when making an order, provide clear evidence that the order includes the obligation to make payment. If, when you place your order, the consumer has to press the button or make other similar activity, it represents the easy way with the words "order with the obligation to pay" or other similar types of explicit indication of the consumer's obligation to make payment. If the seller or service provider does not comply with this paragraph, as defined in the agreement or order is not binding on the consumer. 14. If the contract is concluded via the website, the seller or the service provider at the latest at the beginning of the order on the website clear and understandable information about delivery restrictions and payment instruments. 15. the conclusion of the contract of distance communication used feature is the location or time restrictions for information, the seller or the service provider before the conclusion of the contract in the means of distance communication provide that rule 5.1, 5.2, 5.5, 5.6, 5.7, 5.10 and information specified in paragraph 5.17. The rest of this provision, the information specified in paragraph 5 of the seller or service provider in accordance with the provisions of paragraph 11. 16. If the seller or the service provider for the conclusion of the distance contract, he used the phone in addition to the provisions referred to in point 15 of nosacīj tions in the beginning of the negotiations shall inform the consumer about your identity or the identity of the person on whose behalf he calls, as well as for the commercial purpose of the call. 17. the seller or the service provider within a reasonable time after the conclusion of the contract, but not later than the time of delivery of the goods or provision of the service starts before the media provide the consumer confirmation of conclusion of a contract, which specifies the following: 17.1. This provision of the information specified in paragraph 5 except if the seller or service provider that information already provided to the consumer in a durable medium before the conclusion of the distance contract; 17.2. if applicable, approval of the consumer's express consent to the above clear and proof in accordance with the provisions of section 22.13.. 18. where the consumer has informed the service provider about the desire to get this provision of the services referred to in paragraph 19, the exercise of the right of use during the period, the service provider is required to submit a clear consumer demand. III. Right of withdrawal 19. Except in point 22 of these rules specified instances, the consumer can exercise the right of withdrawal and unilaterally withdraw from the contract within 14 days, the consumer protection law, article 12 of the seventh, ninth and eleventh in the part, as well as the rules referred to in paragraph 23. This time limit is applicable in cases where the seller or service provider has completed the 5.10. under these rules. The right of withdrawal period: the number of 19.1. If service is provided, from the date of conclusion of the contract; 19.2. If you purchased an item, from the day when the consumer or a third party other than the carrier and indicated by the consumer has acquired possession of the goods; 19.3. If the consumer has ordered one order more items, which, separately, from the day the consumer or a third party other than the carrier and indicated by the consumer has acquired possession of the last item; 19.4. If the delivered product, which consists of several lots or parts-from the day the consumer or a third party other than the carrier and indicated by the consumer has acquired possession of the goods or the lot of the last part; 19.5. contracts for regular delivery of goods, from the day the consumer or a third party other than the carrier and indicated by the consumer has acquired possession of the first item. 20. If the seller or the service provider is not provided by this rule 5.10. consumer information specified in point, the consumer is entitled to use the right of withdrawal and unilaterally withdraw from the agreement within one year of this rule 19.1, 19.2, 19.3, 19.4 and 19.5 in those days. 21. If the seller or service provider provided those rules 5.10. consumer information specified in subparagraph within one year of this rule 19.1, 19.2, 19.3, 19.4 and 19.5 in that date, the customer is eligible to use the right of withdrawal and unilaterally withdraw from the contract within 14 days from the date of receipt of the information referred to. 22. The consumer may not exercise the right of withdrawal, if: 22.1. fully is complete service, which was launched before the expiry of the right of withdrawal, if the consumer has expressly agreed and assured him that he will lose the right of withdrawal from the date on which the contract for the supply of a service will be fully met; 22.2. the goods or the price of the service depends on fluctuations in the financial market that the seller or the service provider can not control and which may occur during the withdrawal period of the law; 22.3. the item is made to the consumer's instructions or item is clearly personalised; 22.4. perishable goods or it expires soon; 22.5. the consumer has opened the package item for health and hygiene reasons can not return; 22.6. the goods after delivery are permanently confused with other things; 14.1. the contract is for the supply of the spirit drinks for which a price is agreed at the time of the conclusion of the contract if the delivery may be carried out in 30 days, and its value depends on market fluctuations, which the seller cannot control; 22.8. the consumer has requested the seller or the service provider to appear and take urgent repair and maintenance tasks. If the seller or the service provider, upon arriving at the consumer, provide additional services or goods that do not have the necessary spare parts to carry out repair and maintenance works, the right of withdrawal are applicable to those additional services or goods; 14.2. the consumer has opened or video, audio or software package; 22.10. are delivered to newspapers, periodicals or magazines except when they are delivered in accordance with the subscription agreement; 22.11. contract public auction; 12/22. contract for accommodation services (except contracts for residential rental of premises), transport of goods, vehicle rental, catering or entertainment events, where the service provider undertakes to provide the service to a specific day or within a specific period; 22.13. the contract for the delivery of digital content that is delivered to the permanent data medium where digital content delivery has begun with the consumer's prior express consent and clear proof of the loss of the right of withdrawal. 23. If the consumer exercises his right of withdrawal after the service provider has made a request in accordance with paragraph 18 of these regulations, the consumer pays the service provider the amount in relation to the full implementation of the contract the contract is fulfilled is proportional to the part when the consumer shall inform the service provider about the right of withdrawal. This amount is calculated based on the final price set out in the Treaty. If the final price is excessive, the amount payable by the consumer, calculated based on the parts of the contract comply with market value. 24. the consumer shall not bear the costs of the period right wholly or partly provide services if: 24.1. the seller or the service provider failed to provide this rule 5.10, or 5.12. information specified in subparagraph; 24.2. the consumer has not made a request in accordance with paragraph 18 of these regulations. 25. the consumer shall not bear the costs of the period right wholly or partially delivered in digital content, except for digital content, who delivered a permanent media, if: the consumer is clearly 25.1. agreed delivery of digital content to start before the period referred to in paragraph 19; 25.2. the consumer is assured that by giving consent to the commencement of digital content delivery, the consumer loses the right of withdrawal; 25.3. the service provider is not providing the rule referred to in paragraph 17. IV. Closing questions 26. Be declared unenforceable in the Cabinet of Ministers of 28 May 2002, Regulation No 207 "regulations on distance contracts" (Latvian journal, 2002, nr. 81.). 27. the rules shall enter into force on 13 June 2014 and are applicable to contracts concluded after the entry into force of these regulations. Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 25 October 2011-2011/83/EU directive on consumer rights and amending Council Directive 93/13/EEC and European Parliament and Council Directive 1999/45/EC and repealing Council Directive 85/577/EEC and European Parliament and Council Directive 97/7/EC. The Prime Minister is the Rapidity of economic Newsletters Minister Vyacheslav dombrovsky PielikumsMinistr kabineta2014 of 20. maijanoteikum no 255 information on exercising the right of withdrawal (A). Guidelines for refusal (sample) right of withdrawal you have 14 days right to withdraw from the contract without giving any reason. The right of withdrawal will expire after 14 days, beginning from the ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 1. to use the right of withdrawal, you with the explicit notification (for example, a letter sent by post, fax or email) us-_____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 2 must be informed of the decision to withdraw from the contract. You can use the attached sample form for the refusal, but it is not compulsory. 3 To the right of withdrawal should respect, enough, if his statement about the right of withdrawal to send a right of withdrawal before the deadline. The consequences of withdrawal if you will of this Treaty, we will pay all payments received from you, including shipping costs (except for the additional costs incurred because you've chosen delivery, which is not the least expensive we offer standard delivery), without undue delay, and in any event not later than 14 days from the day when we were made aware of your decision to withdraw from the contract. Repayment will be made using the same payment instrument that you used for the original transaction, unless you clearly expressed consent to do otherwise. In any case from you in connection with any such repayment will not be charged any fees. 4 5 6 explanation of the seller or the service provider for the completion of section A, point 1 of the empty box at the 1st reference one of these texts: 1) "the date of conclusion of the contract" If the service is provided; 2) "the date of the you have acquired or third party other than the carrier and what you've pointed out, has gained possession of the goods "– If you purchased a product; 3) "day, when you've won, or a third party other than the carrier and what you've pointed out, has gained possession of the last product" – if one order is ordered several items separately; 4) "day, when you've won, or a third party other than the carrier and what you've pointed out, has gained possession of the last lot or parts"-If a product is delivered, which consists of several lots or parts; 5) "day, when you've won, or a third party other than the carrier and what you've pointed out, has gained possession of the first product" – If a contract for a regular supply of goods. 2 specify the empty box at 2. reference your name, registered office and, if so, their telephone number, fax number and e-mail address. 3 If you are on your website gives you the consumer to electronically provide information about cancelling your contract, enter the following text: "our Web site [specify the internet address] you can also electronically fill out and submit the withdrawal form or some other explicit communication. If you use this option, we will not delay any durable medium (e.g., via e-mail) will notify you of such cancellation of approval. " 4 If the contract provides for the supply of goods and you are not in the event of refusal to pick up the goods offered, specify the following: "we may withhold the reimbursement until we have received the goods back or when you submit evidence that the goods have been sent back, depending on which action is performed in the past." 5 If the customer has received the goods in connection with the contract, the blank box at 5. references: 1) specify: (a)) "we'll have the goods" or b) "you must send the goods back or return to us or ... [specify the name of the person and the actual address you're authorized to receive goods], without undue delay, and in any event not later than 14 days from the date of the US announced its decision to withdraw from the contract. The deadline will be met, if you send back the goods before the expiration of 14 days "; 2) specify: (a)) "We will return the goods segs costs" or b) "you will have to bear with the product returns related direct costs", or c) if distance contract you do not offer product returns, with the associated costs if the goods by reason of their nature cannot normally be send back by mail, "you'll have to bear with the product returns related direct costs ... [specify amount] € "or, if you cannot reasonably be calculated in advance with trade returns, related costs," you'll have to bear with the goods returns the associated direct costs. Maximum cost would be around ... [specify amount] Euro "; 3) point: "you're only responsible for the impairment of the goods if the goods are not used to determine the type of goods, properties and activities, but for other purposes". 6 If the services are provided, in the empty booth by 6. reference point: "If you have requested to start the services/water/gas/Elec. bass in central heating supply/[not applicable] withdrawal period, you'll pay a service provider a reasonable amount in relation to the full implementation of the contract the contract is fulfilled is proportional to the part, until you told us about the withdrawal from this Treaty." B. withdrawal form (sample) fill in and return this form only if you want to withdraw from the contract. Recipient [here the seller or service provider specifies the vendor or provider's name, the actual address and, if any, telephone number, fax number and e-mail address] I/we declare that I//we want/want to withdraw from the contract, what I've done//entered into for the purchase of such goods/services [not applicable] Ordering date/date [not applicable] of consumer (s) name (s) and surname (s) of consumer (s) address the consumer (s) signature (s) [only If this form is sent to the paper] date Minister of Economic Affairs Vyacheslav dombrovsky