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keyboard_tab Contratti di vendita di beni conformi 2019/0771 EN

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2019/0771 EN cercato: 'reference' . Output generated live by software developed by IusOnDemand srl
 

Article 2

Definitions

For the purposes of this Directive, the following definitions apply:

(1)

sales_contract’ means any contract under which the seller transfers or undertakes to transfer ownership of goods to a consumer, and the consumer pays or undertakes to pay the price thereof;

(2)

consumer’ means any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft or profession;

(3)

seller’ means any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft or profession, in relation to contracts covered by this Directive;

(4)

producer’ means a manufacturer of goods, an importer of goods into the Union or any person purporting to be a producer by placing its name, trade mark or other distinctive sign on the goods;

(5)

goods’ means:

(a)

any tangible movable items; water, gas and electricity are to be considered as goods within the meaning of this Directive where they are put up for sale in a limited volume or a set quantity;

(b)

any tangible movable items that incorporate or are inter-connected with digital_content or a digital_service in such a way that the absence of that digital_content or digital_service would prevent the goods from performing their functions (‘ goods with digital elements’);

(6)

digital_content’ means data which are produced and supplied in digital form;

(7)

digital_service’ means:

(a)

a service that allows the consumer to create, process, store or access data in digital form; or

(b)

a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service;

(8)

compatibility’ means the ability of the goods to function with hardware or software with which goods of the same type are normally used, without the need to convert the goods, hardware or software;

(9)

functionality’ means the ability of the goods to perform their functions having regard to their purpose;

(10)

interoperability’ means the ability of the goods to function with hardware or software different from those with which goods of the same type are normally used;

(11)

durable_medium’ means any instrument which enables the consumer or the seller to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;

(12)

commercial_guarantee’ means any undertaking by the seller or a producer (the guarantor) to the consumer, in addition to the seller's legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;

(13)

durability’ means the ability of the goods to maintain their required functions and performance through normal use;

(14)

free_of_charge’ means free of the necessary costs incurred in order to bring the goods into conformity, particularly the cost of postage, carriage, labour or materials;

(15)

public_auction’ means a method of sale where goods or services are offered by the seller to consumers, who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services.

Article 23

Repeal of Directive 1999/44/EC

Directive 1999/44/EC is repealed with effect from 1 January 2022.

references to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex.

Article 24

Transposition

1.   By 1 July 2021 Member States shall adopt and publish the measures necessary to comply with this Directive. They shall immediately inform the Commission thereof.

They shall apply those measures from 1 January 2022.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive.

2.   The provisions of this Directive shall not apply to contracts concluded before 1 January 2022.


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