Reposted from Law A La Mode 

By: Sara Balice 

Italy implemented the Consumer Rights Directive by adopting the Legislative Decree no. 21 of February 21, 2014 effective from June 13, 2014 which amended the Italian Consumer Code.

The new rules apply to any contract concluded between a trader and a consumer, with the exceptions indicated in the Consumer Rights Directive. As allowed under Article 3.4 of the Directive, Italy decided that the new rules do not apply to off-premises contracts for which the payment to be made by the consumer does not exceed €50.

According to the new rules of the Italian Consumer Code, a number of pieces of information(for example on the main characteristics of the goods or services, the identity of the trader) must be provided by the trader to the consumer before the latter is bound by a contract. An exception is provided for contracts involving day-to-day transactions and which are performed immediately at the time of their conclusion.

In the case of distance or off-premises sales, traders must also inform consumers on the conditions, time limit and procedures for exercising the 14 days right of withdrawal and provide the consumer with a model withdrawal form.

In case of online/off-premises contracts, the trader must provide the consumer with confirmation of the contract entered into, including the pre-contractual information, on a durable medium. Traders are prevented from surcharging consumers in respect of the use of a specific means of payment, or to seek any extra payment for additional services not expressly requested by the consumer.

Pursuant to Article 24 of the Directive, the Italian Antitrust Authority has the power to supervise the implementation of the new rules and to impose administrative fines up to €5,000 in case of breach.