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 7
- trader 7
- consumer 6
- digital_content 5
- digital_service 5
- shall 5
- contract 4
- article 3
- time 3
- circumstances 2
- from 2
- clear 2
- apply 2
- terminate 2
- entitled 2
- agreed 2
- where 2
- fails 2
- without 1
- equally 1
- articles 1
- paragraph 1
- under 1
- terminates 1
- essential 1
- specific 1
- conclusion 1
- attending 1
- have 1
- will 1
- failure 1
- failed 1
- where: 1
- declared 1
- undue 1
- immediately 1
- accordance 1
- paragraph 1
- call 1
- upon 1
- then 1
- parties 1
- remedy 1
- expressly 1
- period 1
- additional 1
- within 1
- delay 1
- accordingly 1
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