Advantages And Disadvantages Of The CRD

Decent Essays
adoption of the CRD is evidence on shifting from a minimal harmonization of consumer protection approach towards the maximum harmonization measures88 on this matter, whereas the Member States still have their authority to sustain or adopt their national laws in respect to certain aspects.89
It worth mentioning that, although the CRD's rules necessarily apply to all sale contracts between consumers and sellers, but there are some exclusions from the Directive. Such exceptions refers to, property transactions90, social services91, healthcare in terms of regulated profession92, gambling93, financial services, timeshare, package travel94, and the majority of passenger transport contracts95.
2. Distance Selling Contracts in CRD
As highlighted before,
…show more content…
The CRD's provisions cover the following characteristics:
- Applicable to all sales of goods and services concluded within the framework of the CRD, regardless of the fact that the purchase has been concluded on or off-premises of the seller or at a distance.99
A related point to consider is that, Recital 9 of the CRD has identified three different types of contracts, including: distance contracts, off-premises contracts and contracts other than these two sorts of contracts.100
- Information, to be disclosed to the consumer before purchase of goods and services, when the sale happens at distance (e.g. via internet or telesales).
Article 6 of the CRD specifies the requirements regarding providing consumers with pre-contractual information for distance selling.102
- Additional payments to the original price of the goods or services, according to this provision it is required to attain the consumer's active or explicit consent to pay for any additional payment. Moreover, the CRD prohibits ''pre-ticked boxes'' that consumer needed to untick them in order to avoid any surcharges which means the consumers have the right to opt-in to extra fees, actively.103 - Fees that are charged for using a specific method of payment (i.e. extra-charges for using credit card) must not exceed the cost paid by the seller for using such means of
Get Access