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 27
- consumer 22
- seller 18
- conformity 12
- installation 12
- shall 11
- sales_contract 10
- lack 8
- which 6
- been 6
- time 6
- applicable 5
- public 5
- including 5
- instructions 5
- made 5
- article 5
- replacement 4
- account 4
- taking 4
- statement 4
- paragraph 4
- nature 4
- updates 4
- type 4
- repair 4
- conclusion 4
- incorrect 4
- informed 4
- reasonably 4
- provided 4
- purpose 4
- period 4
- into 4
- from 4
- such 3
- within 3
- update 3
- carried 3
- replaced 3
- requirements 3
- same 3
- removal 3
- contract 3
- digital_content 3
- expect 3
- install 3
- elements 3
- supplied 3
- particular 3
Article 6
Subjective requirements for conformity
In order to conform with the sales_contract, the goods shall, in particular, where applicable:
| (a) | be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales_contract; |
| (b) | be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales_contract, and in respect of which the seller has given acceptance; |
| (c) | be delivered with all accessories and instructions, including on installation, as stipulated by the sales_contract; and |
| (d) | be supplied with updates as stipulated by the sales_contract. |
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 8
Incorrect installation of the goods
Any lack of conformity resulting from the incorrect installation of the goods shall be regarded as lack of conformity of the goods, if:
| (a) | the installation forms part of the sales_contract and was carried out by the seller or under the seller's responsibility; or |
| (b) | the installation, intended to be carried out by the consumer, was done by the consumer and the incorrect installation was due to shortcomings in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or by the supplier of the digital_content or digital_service. |
Article 14
Repair or replacement of the goods
1. Repairs or replacements shall be carried out:
| (a) | free_of_charge; |
| (b) | within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; and |
| (c) | without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods. |
2. Where the lack of conformity is to be remedied by repair or replacement of the goods, the consumer shall make the goods available to the seller. The seller shall take back the replaced goods at the seller's expense.
3. Where a repair requires the removal of goods that had been installed in a manner consistent with their nature and purpose before the lack of conformity became apparent, or where such goods are to be replaced, the obligation to repair or replace the goods shall include the removal of the non-conforming goods, and the installation of replacement goods or repaired goods, or bearing the costs of that removal and installation.
4. The consumer shall not be liable to pay for normal use made of the replaced goods during the period prior to their replacement.
whereas