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
- conformity 19
- goods 16
- lack 12
- seller 12
- shall 11
- article 10
- consumer 10
- into 8
- time 7
- would 6
- period 5
- whether 5
- have 5
- paragraph 4
- replacement 4
- burden 4
- the 4
- repair 4
- price 4
- accordance 4
- bring 4
- were 4
- proof 4
- within 4
- directive 4
- right 3
- entitled 3
- report 3
- remedies 3
- regard 3
- remedy 3
- digital_content 3
- sales_contract 3
- in 3
- circumstances 3
- reduction 3
- states 3
- digital 3
- nature 3
- unless 3
- elements 3
- delivered 3
- application 2
- contract 2
- under 2
- completed 2
- conditions 2
- inconvenience 2
- european 2
- withhold 2
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 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 25
Review
The Commission shall, not later than 12 June 2024, review the application of this Directive, including its provisions on remedies and burden of proof — also with respect to second-hand goods as well as goods sold at public_auctions — and the producer's commercial_guarantee of durability, and submit a report to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall assess in particular whether the application of this Directive and Directive (EU) 2019/770 ensures a consistent and coherent framework for the proper functioning of the internal market with regard to the supply of digital_content, digital_services and goods with digital elements in line with principles governing Union policies. The report shall be accompanied, where appropriate, by legislative proposals.
whereas