Monitor Prawniczy

no. 8/2015

Directive on consumer right from the viewpoint of e-commerce with respect to computer hardware and software

Anne Steinbrueck
Justiziarin, Hewlett-Packard GmbH, Deutschland.
Abstract

The implementation of Directive 2011/83/EU on consumer rights in Germany, which took place on 13 June 2014, forced the entrepreneurs, on one hand, to adjust the General Terms and Conditions of Trade from the legal point of view, and on the other to adopt vital economic and organizational decisions. This article discusses on-line selling of IT products, which requires examining of dogmatic categorization of the right to withdraw from a contract; implementation of Directive 2011/83 with respect to the aspects occurring before exercising the right to withdraw from a contract, as well as implementation of Directive 2011/83 with respect to the aspects occurring after that right has been exercised.