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
- directive 16
- shall 16
- goods 13
- consumer 8
- digital_content 8
- time 7
- article 7
- from 6
- seller 6
- conformity 6
- apply 6
- this 6
- period 6
- states 5
- digital_service 5
- sales_contract 5
- which 5
- lack 5
- contracts 4
- provided 4
- member 4
- were 4
- otherwise 4
- supply 4
- within 4
- apparent 4
- unless 3
- national 3
- inter-connected 3
- whether 3
- incorporated 3
- delivered 3
- becomes 3
- affect 3
- specific 3
- nature 3
- referred 3
- digital 2
- between 2
- sales_contracts 2
- protection 2
- elements 2
- burden 2
- paragraph 2
- case 2
- proof 2
- consumers 2
- rules 2
- contract 2
- including 2
Article 3
Scope
1. This Directive shall apply to sales_contracts between a consumer and a seller.
2. Contracts between a consumer and a seller for the supply of goods to be manufactured or produced shall also be deemed sales_contracts for the purpose of this Directive.
3. This Directive shall not apply to contracts for the supply of digital_content or digital_services. It shall, however, apply to digital_content or digital_services which are incorporated in or inter-connected with goods in the meaning of point (5)(b) of Article 2, and are provided with the goods under the sales_contract, irrespective of whether such digital_content or digital_service is supplied by the seller or by a third party. In the event of doubt as to whether the supply of incorporated or inter-connected digital_content or an incorporated or inter-connected digital_service forms part of the sales_contract, the digital_content or digital_service shall be presumed to be covered by the sales_contract.
4. This Directive shall not apply to:
| (a) | any tangible medium which serves exclusively as a carrier for digital_content; or |
| (b) | any goods sold by way of execution or otherwise by authority of law. |
5. Member States may exclude from the scope of this Directive contracts for the sale of:
| (a) | second-hand goods sold at public_auction; and |
| (b) | living animals. |
In the case referred to in point (a), clear and comprehensive information that the rights deriving from this Directive do not apply shall be made easily available to consumers.
6. This Directive shall not affect the freedom of Member States to regulate aspects of general contract law, such as rules on the formation, validity, nullity or effects of contracts, including the consequences of the termination of a contract, in so far as they are not regulated in this Directive, or the right to damages.
7. This Directive shall not affect the freedom of Member States to allow consumers to choose a specific remedy, if the lack of conformity of the goods becomes apparent within a period after delivery, not exceeding 30 days. In addition, this Directive shall not affect national rules not specific to consumer contracts providing for specific remedies for certain types of defects that were not apparent at the time of conclusion of the sales_contract.
Article 4
Level of harmonisation
Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more, or less, stringent provisions to ensure a different level of consumer protection, unless otherwise provided for in this Directive.
Article 11
Burden of proof
1. Any lack of conformity which becomes apparent within one year of the time when the goods were delivered shall be presumed to have existed at the time when the goods were delivered, unless proved otherwise or unless this presumption is incompatible with the nature of the goods or with the nature of the lack of conformity. This paragraph shall also apply to goods with digital elements.
2. Instead of the one-year period laid down in paragraph 1, Member States may maintain or introduce a period of two years from the time when the goods were delivered.
3. In the case of goods with digital elements where the sales_contract provides for the continuous supply of the digital_content or digital_service over a period of time, the burden of proof with regard to whether the digital_content or digital_service was in conformity within the period of time referred to in Article 10(2) shall be on the seller for a lack of conformity which becomes apparent within the period of time referred to in that Article.
Article 21
Mandatory nature
1. Unless otherwise provided for in this Directive, any contractual agreement which, to the detriment of the consumer, excludes the application of national measures transposing this Directive, derogates from them, or varies their effect, before the lack of conformity of the goods is brought to the seller's attention by the consumer, shall not be binding on the consumer.
2. This Directive shall not prevent the seller from offering to the consumer contractual arrangements that go beyond the protection provided for in this Directive.
whereas