S.L. 378.17 · Consumer Rights Regulations (S.L. 378.17)
S.L. 378.17 Art. 27Penalties and right to appeal.
PART IV
(1) Subject to the provisions of the Act regarding judicial proceedings instituted by the Director General following his prima facie finding of infringements, the Civil Court shall impose penalties of not less than five hundred euro (€500) and not more than forty-seven thousand euro (€47,000) on any person who fails to comply with any of the provisions of these regulations.
(2) Any person who feels aggrieved by a judgement, order, penalty or measure issued by the Civil Court, may appeal before the Court of Appeal, on any point of law and, or of fact, by means of an application filed in the registry of the Court of Appeal within twenty days from the date of the judgment of the Civil Court:
Provided that the Court of Appeal shall appoint the case for hearing by not later than six months from the judgement of the Civil Court. Amended by: SCHEDULE XIII.2022.27; (Regulation 13) L.N. 145 of 2026.
Information concerning the exercise of the right of withdrawal Part A. Model instructions on withdrawal Right of withdrawal
You have the right to withdraw from this contract within 14 days any reason.
The withdrawal period shall expire after 14 days from the day [1]. concluded in the context of unsolicited visits by the trader to a consumer’s excursions organised by the trader with the aim or effect of promoting or to consumers, the withdrawal period will expire after 30 days.) To exercise the right of withdrawal, you must inform us [2] of your withdraw from this contract by an unequivocal statement (e.g. a letter email). You may use the attached model withdrawal form but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you communication concerning your exercise of the right of withdrawal withdrawal period has expired. Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you received from you, including the costs of delivery (with the exception supplementary costs resulting from your choice of a type of delivery least expensive type of standard delivery offered by us), without undue any event not later than fourteen (14) days from the day on which we about your decision to withdraw from this contract. We will carry reimbursement using the same means of payment as you used transaction, unless you have expressly agreed otherwise; in any event, incur any fees as a result of such reimbursement. [4] [5]
[6] Instructions for completion: [1]. Insert one of the following texts between inverted commas:
(a) in the case of a service contract or a contract for the supply or electricity, where they are not put up for sale in a limited set quantity, or of digital content which is not supplied medium: ‘of the conclusion of the contract.’;
(b) in the case of a sales contract: ‘on which you acquire, or other than the carrier and indicated by you acquires, physical of the goods.’;
(c) in the case of a contract relating to multiple goods ordered consumer in one order and delivered separately: ‘on which or a third party other than the carrier and indicated by physical possession of the last good.’;
(d) in the case of a contract relating to delivery of a good multiple lots or pieces: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.’; the case of a contract for regular delivery of goods during a defined period of time: ‘on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.’. your name, geographical address, telephone number and email address. are under an obligation to provide a function to allow the consumer to the contract concluded online, insert the following: "You can also right of withdrawal online at [insert internet address or another appropriate where the withdrawal function is available]. If you use this online feature, you an acknowledgement of receipt of the withdrawal on a durable by email), including its content and the date and time of its submission, delay." If you give the option to the consumer to electronically fill in and information about his withdrawal from the contract on your website, insert the can also electronically fill in and submit the model withdrawal form or unequivocal statement on our website [insert the internet address]. If you use shall communicate to you an acknowledgement of receipt of such a a durable medium (e.g. by email) without delay. case of sales contracts in which you have not offered to collect the e event of withdrawal insert the following: ‘We may withhold until we have received the goods back or you have supplied evidence back the goods, whichever is the earliest.’. consumer has received goods in connection with the contract:
insert: - ‘We will collect the goods.’; or, - ‘You shall send back the goods or hand them over to us or ...................... [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired.’ insert: - ‘We will bear the cost of returning the goods.’; - ‘You will have to bear the direct cost of returning the goods.’; - If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: ‘You will have to bear the direct cost of returning the goods, ........... EUR [insert the amount].’; or if the cost of returning the goods cannot reasonably be calculated in advance: ‘You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately ............ EUR [insert the amount].’; or - If, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered to the consumer’s home at the time of the conclusion of the contract: ‘We will collect the goods at our own expense.’; and
(c) insert ‘You are only liable for any diminished value resulting from the handling other than what is necessary nature, characteristics and functioning of the goods.’. [6]. In the case of a contract for the provision of services or the supply gas or electricity, where they are not put up for sale in a limited quantity, insert the following: ‘If you requested to begin the performance or the supply of water/gas/electricity [delete where inapplicable] withdrawal period, you shall pay us an amount which is in proportion been provided until you have communicated us your withdrawal from in comparison with the full coverage of the contract.’.
Part B. Model withdrawal form (complete and return this form only if you wish to withdraw from the - To [here the trader’s name, geographical address and email be inserted by the trader]: - I/We (*) hereby give notice that I/We (*) withdraw from contract of sale of the following goods (*)/for the provision following service (*), - Ordered on (*)/received on (*), - Name of consumer(s), - Address of consumer(s), - Signature of consumer(s) (only if this form is notified - Date
(*) Delete
Änderungsgeschichte
- Amended by XIV.2019.72