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
- consumer 21
- commercial_guarantee 16
- goods 14
- statement 11
- shall 11
- seller 9
- conformity 7
- time 7
- article 6
- down 6
- laid 6
- applicable 6
- which 6
- contract 5
- including 5
- conclusion 5
- public 5
- paragraph 5
- advertising 5
- conditions 5
- made 5
- producer 4
- durability 4
- reasonably 4
- been 4
- sales_contract 4
- lack 4
- period 4
- same 4
- taking 3
- binding 3
- guarantor 3
- into 3
- install 3
- under 3
- expect 3
- account 3
- instructions 3
- installation 3
- associated 3
- nature 3
- from 3
- type 3
- updates 3
- informed 3
- available 3
- update 3
- provided 3
- before 3
- comparable 2
Article 7
Objective requirements for conformity
1. In addition to complying with any subjective requirement for conformity, the goods shall:
| (a) | be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct; |
| (b) | where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract; |
| (c) | where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and |
| (d) | be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling. |
2. The seller shall not be bound by public statements, as referred to in point (d) of paragraph 1 if the seller shows that:
| (a) | the seller was not, and could not reasonably have been, aware of the public statement in question; |
| (b) | by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or |
| (c) | the decision to buy the goods could not have been influenced by the public statement. |
3. In the case of goods with digital elements, the seller shall ensure that the consumer is informed of and supplied with updates, including security updates, that are necessary to keep those goods in conformity, for the period of time:
| (a) | that the consumer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the contract, where the sales_contract provides for a single act of supply of the digital_content or digital_service; or |
| (b) | indicated in Article 10(2) or (5), as applicable, where the sales_contract provides for a continuous supply of the digital_content or digital_service over a period of time. |
4. Where the consumer fails to install within a reasonable time updates supplied in accordance with paragraph 3, the seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that:
| (a) | the seller informed the consumer about the availability of the update and the consequences of the failure of the consumer to install it; and |
| (b) | the failure of the consumer to install or the incorrect installation by the consumer of the update was not due to shortcomings in the installation instructions provided to the consumer. |
5. There shall be no lack of conformity within the meaning of paragraph 1 or 3 if, at the time of the conclusion of the sales_contract, the consumer was specifically informed that a particular characteristic of the goods was deviating from the objective requirements for conformity laid down in paragraph 1 or 3 and the consumer expressly and separately accepted that deviation when concluding the sales_contract.
Article 17
Commercial guarantees
1. Any commercial_guarantee shall be binding on the guarantor under the conditions laid down in the commercial_guarantee statement and associated advertising available at the time, or before the conclusion, of the contract. Under the conditions laid down in this Article and without prejudice to any other applicable provisions of Union or national law, where a producer offers to the consumer a commercial_guarantee of durability for certain goods for a certain period of time, the producer shall be liable directly to the consumer, during the entire period of the commercial_guarantee of durability for repair or replacement of the goods in accordance with Article 14. The producer may offer to the consumer more favourable conditions in the commercial_guarantee of durability statement.
If the conditions laid out in the commercial_guarantee statement are less advantageous to the consumer than those laid down in the associated advertising, the commercial_guarantee shall be binding under the conditions laid down in the advertising relating to the commercial_guarantee, unless, before the conclusion of the contract, the associated advertising was corrected in the same way or in a comparable way to that in which it was made.
2. The commercial_guarantee statement shall be provided to the consumer on a durable_medium at the latest at the time of the delivery of the goods. The commercial_guarantee statement shall be expressed in plain, intelligible language. It shall include the following:
| (a) | a clear statement that the consumer is entitled by law to remedies from the seller free_of_charge in the event of a lack of conformity of the goods and that those remedies are not affected by the commercial_guarantee; |
| (b) | the name and address of the guarantor; |
| (c) | the procedure to be followed by the consumer to obtain the implementation of the commercial_guarantee; |
| (d) | the designation of the goods to which the commercial_guarantee applies; and |
| (e) | the terms of the commercial_guarantee. |
3. Non-compliance with paragraph 2 shall not affect the binding nature of the commercial_guarantee for the guarantor.
4. Member States may lay down rules on other aspects concerning commercial_guarantees which are not regulated in this Article, including rules on the language or languages in which the commercial_guarantee statement is to be made available to the consumer.
whereas