3.2.1. Provisions of the Directive

This provision aims at preventing situations where a trader markets a product or a service and omits to clearly inform the consumer that there are certain legal provisions which may restrict the sale, possession or use of a given product.

The first category of practices which are caught by the prohibition involves products or services for which the sale is banned or illegal in all circumstances. For instance where a trader promotes the sale of drugs, child pornography or protected exotic animals. The assessment of these practices is straightforward and does not require any specific consideration given that it often involves criminal activities and/or dishonest operators and that these practices generally constitute serious violations of other laws which usually are more specific and take precedence over UCP Directive.

Example: A trader offers goods for sale in circumstances in which the consumer cannot legally become their owner by buying them from him, for instance because they have been stolen and he has no legal title to pass on.

The second category of practices concerns products or services which are not illegal in and of themselves and can be legally marketed and sold but only under certain conditions and /or subject to certain restrictions. For instance, pharmaceuticals or weapons which can only be sold under licence and bought with special permission (licence / prescription, etc...). In these situations, under Annex I, n. 9, traders cannot give the impression that there are no legal restrictions or conditions which apply to the sale of those products or services.

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Links to articles of the Directive

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