keyboard_tab Contratti digitali 2019/0770 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
- supply 14
- trader 14
- consumer 12
- digital_content 10
- digital_service 10
- shall 10
- contract 8
- article 6
- time 6
- circumstances 4
- from 4
- clear 4
- apply 4
- terminate 4
- entitled 4
- agreed 4
- where 4
- fails 4
- without 2
- equally 2
- articles 2
- paragraph 2
- under 2
- terminates 2
- essential 2
- specific 2
- conclusion 2
- attending 2
- have 2
- will 2
- failure 2
- failed 2
- where: 2
- declared 2
- undue 2
- immediately 2
- accordance 2
- paragraph 2
- call 2
- upon 2
- then 2
- parties 2
- remedy 2
- expressly 2
- period 2
- additional 2
- within 2
- delay 2
- accordingly 2
Article 13
Remedy for the failure to supply
1. Where the trader has failed to supply the digital_content or digital_service in accordance with Article 5, the consumer shall call upon the trader to supply the digital_content or digital_service. If the trader then fails to supply the digital_content or digital_service without undue delay, or within an additional period of time, as expressly agreed to by the parties, the consumer shall be entitled to terminate the contract.
2. Paragraph 1 shall not apply, and the consumer shall be entitled to terminate the contract immediately, where:
(a) | the trader has declared, or it is equally clear from the circumstances, that the trader will not supply the digital_content or digital_service; |
(b) | the consumer and the trader have agreed, or it is clear from the circumstances attending the conclusion of the contract, that a specific time for the supply is essential for the consumer and the trader fails to supply the digital_content or digital_service by or at that time. |
3. Where the consumer terminates the contract under paragraph 1 or 2 of this Article, Articles 15 to 18 shall apply accordingly.
Article 13
Remedy for the failure to supply
1. Where the trader has failed to supply the digital_content or digital_service in accordance with Article 5, the consumer shall call upon the trader to supply the digital_content or digital_service. If the trader then fails to supply the digital_content or digital_service without undue delay, or within an additional period of time, as expressly agreed to by the parties, the consumer shall be entitled to terminate the contract.
2. Paragraph 1 shall not apply, and the consumer shall be entitled to terminate the contract immediately, where:
(a) | the trader has declared, or it is equally clear from the circumstances, that the trader will not supply the digital_content or digital_service; |
(b) | the consumer and the trader have agreed, or it is clear from the circumstances attending the conclusion of the contract, that a specific time for the supply is essential for the consumer and the trader fails to supply the digital_content or digital_service by or at that time. |
3. Where the consumer terminates the contract under paragraph 1 or 2 of this Article, Articles 15 to 18 shall apply accordingly.
whereas