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keyboard_tab Contratti digitali 2019/0770 EN

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




whereas delay:


definitions:


cloud tag: and the number of total unique words without stopwords is: 115

 

Article 5

Supply of the digital_content or digital_service

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 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 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.

Article 18

Time limits and means of reimbursement by the trader

1.   Any reimbursement that is owed to the consumer by the trader, pursuant to Article 14(4) and (5) or 16(1), due to a price reduction or termination of the contract shall be carried out without undue delay and, in any event, within 14 days of the date on which the trader is informed of the consumer's decision to invoke the consumer's right for a price reduction or to terminate the contract.

2.   The trader shall carry out the reimbursement using the same means of payment as the consumer used to pay for the digital_content or digital_service, unless the consumer expressly agrees otherwise, and provided that the consumer does not incur any fees as a result of such reimbursement.

3.   The trader shall not impose any fee on the consumer in respect of the reimbursement.


whereas
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