search


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

2019/0770 EN cercato: 'cause' . Output generated live by software developed by IusOnDemand srl
 

Article 12

Burden of proof

1.   The burden of proof with regard to whether the digital_content or digital_service was supplied in accordance with Article 5 shall be on the trader.

2.   In cases referred to in Article 11(2), the burden of proof with regard to whether the supplied digital_content or digital_service was in conformity at the time of supply shall be on the trader for a lack of conformity which becomes apparent within a period of one year from the time when the digital_content or digital_service was supplied.

3.   In cases referred to in Article 11(3), the burden of proof with regard to whether the digital_content or digital_service was in conformity within the period of time during which the digital_content or digital_service is to be supplied under the contract shall be on the trader for a lack of conformity which becomes apparent within that period.

4.   Paragraphs 2 and 3 shall not apply where the trader demonstrates that the digital_environment of the consumer is not compatible with the technical requirements of the digital_content or digital_service and where the trader informed the consumer of such requirements in a clear and comprehensible manner before the conclusion of the contract.

5.   The consumer shall cooperate with the trader, to the extent reasonably possible and necessary, to ascertain whether the cause of the lack of conformity of the digital_content or digital_service at the time specified in Article 11(2) or (3), as applicable, lay in the consumer's digital_environment. The obligation to cooperate shall be limited to the technically available means which are least intrusive for the consumer. Where the consumer fails to cooperate, and where the trader informed the consumer of such requirement in a clear and comprehensible manner before the conclusion of the contract, the burden of proof with regard to whether the lack of conformity existed at the time specified in Article 11(2) or (3), as applicable, shall be on the consumer.

Article 20

Right of redress

Where the trader is liable to the consumer because of any failure to supply the digital_content or digital_service, or because of a lack of conformity resulting from an act or omission by a person in previous links of the chain of transactions, the trader shall be entitled to pursue remedies against the person or persons liable in the chain of commercial transactions. The person against whom the trader may pursue remedies, and the relevant actions and conditions of exercise, shall be determined by national law.


whereas









keyboard_arrow_down