New Distance Contracts Regulation ("DCR") issued on
27.11.2014 according to the new Consumer Protection Law (No 6502)
and merely based on the new rules of the Directive on Consumer
Rights (2011/83/EC) will enter into effect on 27.02.2015 repealing
the current regulation dated 06.03.2011 and numbered 27866.
WHAT ARE THE MAJOR ISSUES CURED BY THE NEW DCR?
Consumer approval process in
line with technological developments: The list of the
preliminary information to be provided to the consumers before the
conclusion of a sale transaction is longer in the DCR compared to
the previous regulation. But the seller no longer has to have that
list be signed in hard copy by the consumer for the contract to be
The list will need to be sent in writing or via a durable medium
but the confirmation of the consumer (needed for validity of the
agreement before) will now be obtained over the communication tool
used for the sale of the products or services via distance
Major cost reduction for the
OBTM sellers in approval process of the contract: For OBTM
(Outbound Telemarketing) sales, though previously the whole list of
preliminary information had to be communicated during the call and
approved in writing by the consumer for the contract to be valid,
now only 4 items among the preliminary information has to be
confirmed by the consumer over the phone.But later the long list of
preliminary information should be delivered to the consumer at
delivery of the product or service. Thus, the OBTM sellers will
avoid a huge cost of getting the written approval of the consumer
for the contracts actually made over the phone to be legally
Emphasize on the obligation
to pay: Just before the consumers confirm their orders, the
seller must clearly indicate that placing the order means entering
into obligation to pay. Otherwise the consumer will not be bound
with the order.
Express consent of the
consumer to any extra payment: No more pre-ticked boxes
are allowed on websites which the consumer is required to reject in
order to avoid any additional payment and if so exists, the
consumer will be entitled to reimbursement of such payment.
Big changes with the withdrawal
period is extended from 7 to 14
period shall not start until the
consumer is properly informed of his withdrawal right (vs. any one
of the preliminary information)
period shall expire after 1 year (vs.
3 months), in case of omission of the seller to inform the consumer
of his right
forms had been unified (if chosen to
be used by the seller) and can be submitted to the seller
electronically by the consumer.
Consumer is the one to send
the products back: Unless the seller has offered to
collect the goods, the consumers must send back the goods or hand
them over to the seller or to a person authorized by the seller to
receive the goods, without undue delay and in any event not later
than 10 days from the day on which they have communicated their
Originally published on 01 January 2015
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