keyboard_tab Contratti di vendita di beni conformi 2019/0771 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- Article 1 Subject matter and purpose
- Article 2 Definitions
- Article 3 Scope
- Article 4 Level of harmonisation
- Article 5 Conformity of goods
- Article 6 Subjective requirements for conformity
- Article 7 Objective requirements for conformity
- Article 8 Incorrect installation of the goods
- Article 9 Third-party rights
- Article 10 Liability of the seller
- Article 11 Burden of proof
- Article 12 Obligation to notify
- Article 13 Remedies for lack of conformity
- Article 14 Repair or replacement of the goods
- Article 15 Price reduction
- Article 16 Termination of the sales contract
- Article 17 Commercial guarantees
- Article 18 Right of redress
- Article 19 Enforcement
- Article 20 Consumer information
- Article 21 Mandatory nature
- Article 22 Amendments to Regulation (EU) 2017/2394 and Directive 2009/22/EC
- Article 23 Repeal of Directive 1999/44/EC
- Article 24 Transposition
- Article 25 Review
- Article 26 Entry into force
- Article 27 Addressees
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- article 9
- period 9
- time 8
- seller 7
- shall 7
- paragraphs 7
- which 7
- states 5
- apparent 5
- becomes 5
- goods 5
- limitation 5
- conformity 5
- lack 5
- liable 5
- digital_content 4
- remedies 4
- within 4
- consumer 4
- referred 4
- than 4
- digital_service 4
- provided 3
- member 3
- such 3
- elements 3
- digital 3
- years 3
- also 3
- member 2
- ensure 2
- exercise 2
- were 2
- delivered 2
- laid 2
- down 2
- shorter 2
- pursuant 2
- introduce 2
- maintain 2
- under 2
- continuous 2
- supply 2
- during 2
- case 2
- liability 2
- sales_contract 2
- occurs 2
- provides 2
- allows 2
Article 10
Liability of the seller
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within two years of that time. Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements.
2. In the case of goods with digital elements, where the sales_contract provides for a continuous supply of the digital_content or digital_service over a period of time, the seller shall also be liable for any lack of conformity of the digital_content or digital_service that occurs or becomes apparent within two years of the time when the goods with digital elements were delivered. Where the contract provides for a continuous supply for more than two years, the seller shall be liable for any lack of conformity of the digital_content or digital_service that occurs or becomes apparent within the period of time during which the digital_content or digital_service is to be supplied under the sales_contract.
3. Member States may maintain or introduce longer time limits than those referred to in paragraphs 1 and 2.
4. If, under national law, the remedies provided for in Article 13 are also subject to a limitation period, Member States shall ensure that such limitation period allows the consumer to exercise the remedies laid down in Article 13 for any lack of conformity for which the seller is liable pursuant to paragraphs 1 and 2 of this Article, and which becomes apparent within the period of time referred to in those paragraphs.
5. Notwithstanding paragraphs 1 and 2 of this Article, Member States may maintain or introduce only a limitation period for the remedies provided for in Article 13. Member States shall ensure that such limitation period allows the consumer to exercise the remedies laid down in Article 13 for any lack of conformity for which the seller is liable pursuant to paragraphs 1 and 2 of this Article, and which becomes apparent during the period of time referred to in those paragraphs.
6. Member States may provide that, in the case of second-hand goods, the seller and the consumer can agree to contractual terms or agreements with a shorter liability or limitation period than those referred to in paragraphs 1, 2 and 5, provided that such shorter periods shall not be less than one year.
whereas