I hereby submit a formal consumer complaint against DAZN regarding their systematic and unlawful refusal to honor my statutory right of withdrawal, constituting a clear violation of European and Italian consumer protection legislation. This case represents a concerning pattern of DAZN’s attempts to circumvent mandatory consumer rights through abusive contractual clauses.
Service Details and Context
• Service Provider: DAZN Limited (UK) / DAZN Italy
• Subscription Type: DAZN GOAL – annual commitment with monthly installment billing
• Contract Nature: Distance selling contract concluded online
• Performance Issues: Systematic and repeated streaming malfunctions including buffering, service interruptions, degraded video quality, and complete service unavailability during peak viewing periods
Chronology of Events and Legal Violations
Initial Service Failure: From the contract’s inception, I experienced persistent technical failures that rendered the service materially unusable for its intended purpose. These technical deficiencies constitute a fundamental breach of DAZN’s obligation to provide the contracted service with due care and professional competence.
Timely Exercise of Withdrawal Right: Well within the mandatory 14-day period established by EU law, I formally notified DAZN of my decision to withdraw from the contract in accordance with Directive 2011/83/EU on Consumer Rights and its implementation in Italian legislation (Legislative Decree No. 206/2005, Articles 52–59).
Corporate Denial and Legal Violations: DAZN systematically denied my withdrawal request, citing their Terms and Conditions (specifically clause 7.2), claiming I had supposedly forfeited my statutory rights by accepting immediate service performance. This denial was communicated by support agent Bhavana Yalagala and subsequently confirmed through multiple escalated communications.
Legal Analysis: Why DAZN’s Position Constitutes Multiple Legal Violations
1. Unlawful Waiver of Non-Derogable Consumer Rights
DAZN’s contractual clause 7.2 attempts to waive consumers’ statutory withdrawal rights through pre-drafted terms. This constitutes a direct violation of Article 25 of Directive 2011/83/EU, which explicitly prohibits traders from requiring consumers to waive or restrict their rights under the directive. Such clauses are automatically null and unenforceable under Italian law pursuant to Article 36 of the Consumer Code.
2. Misapplication of the Digital Content Exception
DAZN incorrectly invokes the exception provided in Article 16(m) of Directive 2011/83/EU regarding “digital content not supplied on a tangible medium.” However, this exception is fundamentally inapplicable to DAZN’s service model for the following reasons:
Continuing Service vs. One-Time Digital Delivery: DAZN provides ongoing subscription-based streaming access, not a one-time supply of digital content. The service involves continuous performance over time, making it a service contract rather than a goods contract for digital content supply.
Annual Commitment with Monthly Billing Does Not Transform Service Nature: The fact that the subscription involves an annual commitment paid through monthly installments does not alter the fundamental nature of the service as an ongoing subscription. The payment structure is merely a billing convenience and does not convert the service into a one-time digital content delivery.
Absence of Genuine Immediate Performance Consent: The exception requires explicit, informed consent to immediate performance with full understanding of the consequences. DAZN’s standard subscription process does not meet these stringent requirements, as it involves routine service activation rather than the specific consent framework required for digital content exceptions.
3. Unfair Commercial Practices
DAZN’s systematic denial of withdrawal rights may constitute an unfair commercial practice under Articles 20–27 of the Consumer Code, specifically:
• Misleading practices by presenting contractual terms as overriding statutory rights
• Aggressive practices by creating artificial barriers to legitimate consumer rights exercise
• Violation of professional diligence by failing to comply with legal obligations
4. Abusive Contractual Clauses
Clause 7.2 of DAZN’s Terms and Conditions appears to constitute an abusive clause under Articles 33–38 of the Consumer Code, as it:
• Creates significant imbalance between parties’ rights and obligations
• Limits or excludes consumer rights in a manner contrary to good faith
• Attempts to waive non-derogable statutory protections
