Distance selling and off-premises sales are governed by the Consumer Code (Legislative Decree No. 206 of 6 September 2005), in Articles 45 et seq., transposing various European provisions (including, in particular, Directive 2011/83/EU on consumer rights)
The objective of the regulation is to guarantee a high level of consumer protection, ensuring transparency, correctness of information and freedom of contractual choice.
Article 45 of the Consumer Code defines a distance contract as any contract concluded between the trader and the consumer in the context of an organised scheme for the sale or provision of services at a distance without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself.
The sale away from business premises, defined in the same article, is a contract concluded between a trader and a consumer outside the trader's business premises (e.g. at the consumer's home, during trips or promotional initiatives, etc.).
The formal requirements that these contracts must meet are set out in Articles 50 and 51 of the Consumer Code. These requirements include, in particular, written confirmation of the contract on a durable medium, which must contain the various pieces of information in a legible manner and presented in plain and intelligible language.
In distance and off-premises contracts, the provisions relating to the consumer's right of withdrawal from the contract apply, governed by Articles 52 et seq. of the Consumer Code (for more information visit the following page dedicated to the Right of Withdrawal).
Mandatory pre-contractual information
Before concluding the distance or off-premises contract, the trader is required to provide the consumer, in a clear and comprehensible manner, with a series of essential information, listed in Article 49 of the Consumer Code (including, for example, the main characteristics of the goods or services, information regarding the trader, the final price of the good, if a commercial guarantee is offered, in case of existence of a right of withdrawal, the conditions, terms and procedures to excercise it, etc.)
Specific additional information requirements have also been introduced for contracts concluded on online marketplaces, with Legislative Decree No. 26 of 7 March 2023, implementing Directive (EU) 2019/2161, with the aim of ensuring additional protection for consumers in this type of marketplace, for example the parameters that determine the ranking of offers when searching.
Delivery of goods
Unless otherwise agreed by the parties to the sales contract, pursuant to Article 61 of the Consumer Code, the trader is obliged to deliver the goods to the consumer without undue delay and at the latest within thirty days from the date of conclusion of the contract. The delivery obligation is fulfilled by transferring the material availability or in any case the control of the goods to the consumer.
In the event of non-delivery within the deadline, the consumer invites the trader to make the delivery within an appropriate additional deadline (except in specific cases of exemption provided for in paragraph 4 of the aforementioned article) and, if this deadline is not respected, he can terminate the contract and obtain a refund of the sums paid.
Other specific consumer rights are provided for in Articles 60 to 65-bis of the Consumer Code
Regulatory references
- Consumer Code (Articles 45 et seq.)
- Consumer Rights Directive 2011/83/EU
- Legislative Decree No. 26 of 7 March 2023 implementing Directive (EU) 2019/2161
- Directive (EU) 2019/2161 for better enforcement and modernisation of Union consumer protection rules
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