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
- goods 39
- consumer 26
- conformity 21
- seller 20
- means 14
- person 11
- price 11
- article 11
- which 10
- shall 10
- lack 10
- into 10
- sales_contract 9
- would 9
- reduction 7
- have 6
- value 5
- under 5
- relation 5
- repair 5
- were 5
- accordance 5
- terminate 5
- the 5
- purposes 5
- directive 5
- bring 5
- contract 4
- proportionate 4
- ability 4
- whether 4
- paragraph 4
- replacement 4
- digital 4
- termination 4
- right 4
- service 4
- they 4
- only 4
- remedy 3
- data 3
- entitled 3
- costs 3
- time 3
- having 3
- without 3
- from 3
- circumstances 3
- software 3
- functions 3
Article 15
price reduction
The reduction of price shall be proportionate to the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if they were in conformity.
Article 2
Definitions
For the purposes of this Directive, the following definitions apply:
(1) | ‘ sales_contract’ means any contract under which the seller transfers or undertakes to transfer ownership of goods to a consumer, and the consumer pays or undertakes to pay the price thereof; |
(2) | ‘ consumer’ means any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft or profession; |
(3) | ‘ seller’ means any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft or profession, in relation to contracts covered by this Directive; |
(4) | ‘ producer’ means a manufacturer of goods, an importer of goods into the Union or any person purporting to be a producer by placing its name, trade mark or other distinctive sign on the goods; |
(5) | ‘ goods’ means:
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(6) | ‘ digital_content’ means data which are produced and supplied in digital form; |
(7) | ‘ digital_service’ means:
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(8) | ‘ compatibility’ means the ability of the goods to function with hardware or software with which goods of the same type are normally used, without the need to convert the goods, hardware or software; |
(9) | ‘ functionality’ means the ability of the goods to perform their functions having regard to their purpose; |
(10) | ‘ interoperability’ means the ability of the goods to function with hardware or software different from those with which goods of the same type are normally used; |
(11) | ‘ durable_medium’ means any instrument which enables the consumer or the seller to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored; |
(12) | ‘ commercial_guarantee’ means any undertaking by the seller or a producer (the guarantor) to the consumer, in addition to the seller's legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract; |
(13) | ‘ durability’ means the ability of the goods to maintain their required functions and performance through normal use; |
(14) | ‘ free_of_charge’ means free of the necessary costs incurred in order to bring the goods into conformity, particularly the cost of postage, carriage, labour or materials; |
(15) | ‘ public_auction’ means a method of sale where goods or services are offered by the seller to consumers, who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services. |
Article 13
Remedies for lack of conformity
1. In the event of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity or to receive a proportionate reduction in the price, or to terminate the contract, under the conditions set out in this Article.
2. In order to have the goods brought into conformity, the consumer may choose between repair and replacement, unless the remedy chosen would be impossible or, compared to the other remedy, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including:
(a) | the value the goods would have if there were no lack of conformity; |
(b) | the significance of the lack of conformity; and |
(c) | whether the alternative remedy could be provided without significant inconvenience to the consumer. |
3. The seller may refuse to bring the goods into conformity if repair and replacement are impossible or would impose costs on the seller that would be disproportionate, taking into account all circumstances including those mentioned in points (a) and (b) of paragraph 2.
4. The consumer shall be entitled to either a proportionate reduction of the price in accordance with Article 15 or the termination of the sales_contract in accordance with Article 16 in any of the following cases:
(a) | the seller has not completed repair or replacement or, where applicable, has not completed repair or replacement in accordance with Article 14(2) and (3), or the seller has refused to bring the goods into conformity in accordance with paragraph 3 of this Article; |
(b) | a lack of conformity appears despite the seller having attempted to bring the goods into conformity; |
(c) | the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales_contract; or |
(d) | the seller has declared, or it is clear from the circumstances, that the seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the consumer. |
5. The consumer shall not be entitled to terminate the contract if the lack of conformity is only minor. The burden of proof with regard to whether the lack of conformity is minor shall be on the seller.
6. The consumer shall have the right to withhold payment of any outstanding part of the price or a part thereof until the seller has fulfilled the seller's obligations under this Directive. Member States may determine the conditions and modalities for the consumer to exercise the right to withhold the payment.
7. Member States may regulate whether and to what extent a contribution of the consumer to the lack of conformity affects the consumer's right to remedies.
Article 15
price reduction
The reduction of price shall be proportionate to the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if they were in conformity.
Article 16
Termination of the sales_contract
1. The consumer shall exercise the right to terminate the sales_contract by means of a statement to the seller expressing the decision to terminate the sales_contract.
2. Where the lack of conformity relates to only some of the goods delivered under the sales_contract and there is a ground for termination of the sales_contract pursuant to Article 13, the consumer may terminate the sales_contract only in relation to those goods, and in relation to any other goods which the consumer acquired together with the non-conforming goods if the consumer cannot reasonably be expected to accept to keep only the conforming goods.
3. Where the consumer terminates a sales_contract as a whole or, in accordance with paragraph 2, in relation to some of the goods delivered under the sales_contract:
(a) | the consumer shall return to the seller, at the seller's expense, the goods; and |
(b) | the seller shall reimburse to the consumer the price paid for the goods upon receipt of the goods or of evidence provided by the consumer of having sent back the goods. |
For the purposes of this paragraph, Member States may determine the modalities for return and reimbursement.
whereas