Skip to main content Accessibility help
×
Hostname: page-component-5d59c44645-kw98b Total loading time: 0 Render date: 2024-02-26T14:58:56.429Z Has data issue: false hasContentIssue false

Commercial Guarantees in the Proposal for a Directive on Certain Aspects Concerning Contracts for the Online and Other Distance Sales of Goods

from Part II - Proposals for a Directive on Online and Distance Sales of Tangible Goods and for a Directive on Digital Content

Published online by Cambridge University Press:  21 September 2018

Evelyne Terryn
Affiliation:
Consumer Competition Market, KU Leuven, Belgium
Sanne Vandemaele
Affiliation:
Doctoral researcher, Consumer Competition Market, KU Leuven Kulak, Belgium
Get access

Summary

INTRODUCTION

A commercial guarantee – in the sense of a voluntary service that may be offered by a seller, a producer or a third party in addition to the legal guarantee – can definitely have benefits for consumers. Such guarantees are commonly offered – an ECC-net survey found that 60 per cent of online offers referred to commercial guarantees – and an important percentage of consumers do buy commercial guarantees (oft en in the form of‘extended warranties’).

There are definitely potential benefits: the rights the consumer has under the legal guarantee can be extended; repair at the home of the consumer may be offered as well as a courtesy replacement product during examination or repair; the reversal of the burden of proof may be extended; the hierarchy of remedies may be waived, etc.

There are, however, also potential disadvantages. Costs may be involved to obtain a commercial guarantee and the benefits of such guarantee may vary considerably; long lists of exclusions may be involved; geographical limitations may be imposed etc. Another recurring problem is that the information provided may be limited to the commercial warranty and the consumer may be misled about his legal rights.

As such commercial guarantees are voluntary, the regulatory framework specifically with regard to commercial guarantees is thus far limited. This, however, does not mean that there are no tools to combat misleading or unfair practices and terms. Horizontal instruments like the Unfair Commercial Practices Directive and the Unfair Contract Terms Directive have proved useful in this regard.

This chapter focuses on the Proposal for a directive on certain aspects concerning contracts for the online and other distance sales of goods (ODSD Proposal) and the improvements it may bring in comparison to the existing legal framework.

We will therefore set out the current legislative framework and its evolution (Section 2). We will then briefly discuss the Apple case as this case is a clear illustration of the problems with commercial guarantees and the drawbacks and the limitations of the current legal framework (Section 3). We will finally analyse the proposed Article 15 ODSD Proposal, which regulates commercial guarantees (Section 4).

Type
Chapter
Information
Digital Content and Distance Sales
New Developments at EU Level
, pp. 233 - 264
Publisher: Intersentia
Print publication year: 2017

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×