keyboard_tab Contratti di vendita di beni conformi 2019/0771 EN
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- article 100
- consumer 24
- goods 20
- council 13
- seller 12
- sales_contract 11
- european 11
- parliament 11
- point 10
- subparagraph 10
- conformity 7
- directive 7
- shall 7
- paragraph 6
- applicable 6
- first 5
- statement 5
- public 5
- reasonably 5
- //ec 5
- second 4
- including 4
- time 4
- been 4
- directive 4
- relation 4
- lack 4
- installation 3
- instructions 3
- expect 3
- provided 3
- update 3
- terminate 3
- supply 3
- delivered 3
- contract 3
- conclusion 3
- digital_content 3
- only 3
- updates 3
- made 3
- account 3
- regulation 3
- which 3
- same 3
- type 3
- taking 3
- third 3
- into 3
- decision 3
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 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.
Article 27
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 20 May 2019.
For the European Parliament
The President
A. TAJANI
For the Council
The President
G. CIAMBA
(1) OJ C 264, 20.7.2016, p. 57.
(2) Position of the European Parliament of 26 March 2019 (not yet published in the Official Journal) and decision of the Council of 15 April 2019.
(3) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
(4) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).
(5) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).
(6) Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital_content and digital_services (see page 1 of this Official Journal).
(7) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
(8) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
(9) Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (OJ L 110, 1.5.2009, p. 30).
ANNEX
CORRELATION TABLE
| Directive 1999/44/EC | This Directive |
| Article 1(1) | Article 1 |
| Article 1(2)(a) | Article 2, point (2) |
| Article 1(2)(b), first indent | Article 3(4)(b) |
| Article 1(2)(b), second and third indents | Article 2, point (5)(a) |
| Article 1(2)(c) | Article 2, point (3) |
| Article 1(2)(d) | Article 2, point (4) |
| Article 1(2)(e) | Article 2, point (12) |
| Article 1(3) | Article 2, point (15) and Article 3(5)(a) |
| Article 1(4) | Article 3(2) |
| Article 2(1) | Article 5 |
| Article 2(2)(a) | Article 6, point (a) and Article 7(1)(b) |
| Article 2(2)(b) | Article 6, point (b) |
| Article 2(2)(c) | Article 7(1)(a) |
| Article 2(2)(d) | Article 7(1)(d) |
| Article 2(3) | Article 7(5) |
| Article 2(4) | Article 7(2) |
| Article 2(5) | Article 8 |
| Article 3(1) | Article 10(1) |
| Article 3(2) | Article 13(1) |
| Article 3(3), first subparagraph | Article 13(2) and Article 14(1)(a) |
| Article 3(3), second subparagraph | Article 13(2) |
| Article 3(3), third subparagraph | Article 14(1)(b) and (c) |
| Article 3(4) | Article 2, point (14) |
| Article 3(5) | Article 13(4) |
| Article 3(6) | Article 13(5) |
| Article 4 | Article 18 |
| Article 5(1) | Article 10(1), (2), (3), (4) and (5) |
| Article 5(2) | Article 12 |
| Article 5(3) | Article 11 |
| Article 6(1) | Article 17(1) |
| Article 6(2) | Article 17(2) |
| Article 6(3) | Article 17(2) |
| Article 6(4) | Article 17(4) |
| Article 6(5) | Article 17(3) |
| Article 7(1), first subparagraph | Article 21(1) |
| Article 7(1), second subparagraph | Article 10(6) |
| Article 7(2) | — |
| Article 8(1) | Article 3(6) and (7) |
| Article 8(2) | Article 4 |
| Article 9 | Articles 19 and 20 |
| Article 10 | Article 22 |
| Article 11(1), first subparagraph | Article 24(1), first subparagraph |
| Article 11(1), second subparagraph | Article 24(1), third subparagraph |
| Article 11(2) | Article 24(1), fourth subparagraph |
| Article 12 | Article 25 |
| Article 13 | Article 26 |
| Article 14 | Article 27 |
whereas