Contratti digitali 2019/0770 EN

1. The trader shall supply the digital_content or digital_service to the consumer. Unless the parties have agreed otherwise, the trader shall supply the digital_content or digital_service without undue delay after the conclusion of the contract.

2. The trader shall have complied with the obligation to supply when:

(a)	the digital_content or any means suitable for accessing or downloading the digital_content is made available or accessible to the consumer, or to a physical or virtual facility chosen by the consumer for that purpose;

(b)	the digital_service is made accessible to the consumer or to a physical or virtual facility chosen by the consumer for that purpose.

Article 11

Liability of the trader

1. The trader shall be liable for any failure to supply the digital_content or digital_service in accordance with Article 5.

2. Where a contract provides for a single act of supply or a series of individual acts of supply, the trader shall be liable for any lack of conformity under Articles 7, 8 and 9 which exists at the time of supply, without prejudice to point (b) of Article 8(2).

If, under national law, the trader is only liable for a lack of conformity that becomes apparent within a period of time after supply, that period shall not be less than two years from the time of supply, without prejudice to point (b) of Article 8(2).

If, under national law, the rights laid down in Article 14 are also subject or only subject to a limitation period, Member States shall ensure that such limitation period allows the consumer to exercise the remedies laid down in Article 14 for any lack of conformity that exists at the time indicated in the first subparagraph and becomes apparent within the period of time indicated in the second subparagraph.

3. Where the contract provides for continuous supply over a period of time, the trader shall be liable for a lack of conformity under Articles 7, 8 and 9, that occurs or becomes apparent within the period of time during which the digital_content or digital_service is to be supplied under the contract.

If, under national law, the rights laid down in Article 14 are also subject or only subject to a limitation period, Member States shall ensure that such limitation period allows the consumer to exercise the remedies laid down in Article 14 for any lack of conformity that occurs or becomes apparent during the period of time referred to in the first subparagraph.

Article 17

Obligations of the consumer in the event of termination

1. after the termination of the contract, the consumer shall refrain from using the digital_content or digital_service and from making it available to third parties.

2. Where the digital_content was supplied on a tangible medium, the consumer shall, at the request and at the expense of the trader, return the tangible medium to the trader without undue delay. If the trader decides to request the return of the tangible medium, that request shall be made within 14 days of the day on which the trader is informed of the consumer's decision to terminate the contract.

3. The consumer shall not be liable to pay for any use made of the digital_content or digital_service in the period, prior to the termination of the contract, during which the digital_content or the digital_service was not in conformity.

whereas

(56) Digital content or digital_services can be supplied to consumers through a single act of supply, for instance when consumers download an e-book and store it on their personal device.
Similarly, the supply can consist of a series of such individual acts, for instance where consumers receive a link to download a new e-book every week.
The distinctive element of this category of digital_content or digital_service is the fact that consumers thereafter have the possibility to access and use the digital_content or digital_service indefinitely.
In such cases, the conformity of the digital_content or digital_service should be assessed at the time of supply, and therefore the trader should only be liable for any lack of conformity which exists at the time when the single act of supply or each individual act of supply takes place.
In order to ensure legal certainty, traders and consumers should be able to rely on a harmonised minimum period during which the trader should be held liable for a lack of conformity.
In relation to contracts which provide for a single act of supply or a series of individual acts of supply of the digital_content or digital_service, Member States should ensure that traders are liable for not less than two years from the time of supply, if under their respective national law the trader is only liable for any lack of conformity that becomes apparent within a period of time after supply.

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(68) Where the consumer terminates the contract, the trader should reimburse the price paid by the consumer.
However, there is a need to balance the legitimate interests of consumers and traders where the digital_content or digital_service is supplied over a period of time and the digital_content or digital_service was in conformity only for part of that period.
Therefore, upon termination, the consumer should only be entitled to the part of the price paid that corresponds and is in proportion to the length of time during which the digital_content or digital_service was not in conformity.
The consumer should also be entitled to any part of the price paid in advance for any period that would have remained after the contract was terminated.

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(83) Consumers should be able to benefit from their rights under this Directive as soon as the corresponding national transposition measures begin to apply.
Those national transposition measures should, therefore, also apply to contracts of an indefinite or fixed duration which were concluded before the application date and provide for the supply of digital_content or digital_services over a period of time, either continuously or through a series of individual acts of supply, but only as regards digital_content or a digital_service that is supplied from the date of application of the national transposition measures.
However, in order to ensure a balance between the legitimate interests of consumers and traders, the national measures transposing the provisions of this Directive on the modification of the digital_content or digital_service and the right to redress should only apply to contracts concluded after the application date pursuant to this Directive.

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keyboard_tab Contratti digitali 2019/0770 EN

Contratti digitali 2019/0770 EN