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
- article 11
- supply 10
- period 10
- shall 9
- trader 9
- conformity 8
- time 8
- lack 7
- liable 6
- under 6
- exercise 6
- remedies 6
- contract 6
- digital_content 6
- consumer 5
- digital_service 5
- subject 5
- down 5
- apparent 4
- becomes 4
- national 4
- laid 4
- limitation 4
- subparagraph 3
- right 3
- failure 3
- such 3
- within 3
- person 3
- only 3
- indicated 2
- provides 2
- first 2
- during 2
- occurs 2
- member 2
- articles 2
- point 2
- without 2
- also 2
- which 2
- where 2
- rights 2
- from 2
- exists 2
- allows 2
- prejudice 2
- states 2
- chain 2
- because 2
Article 1
Subject matter and purpose
The purpose of this Directive is to contribute to the proper functioning of the internal market while providing for a high level of consumer protection, by laying down common rules on certain requirements concerning contracts between traders and consumers for the supply of digital_content or digital_services, in particular, rules on:
| — | the conformity of digital_content or a digital_service with the contract, |
| — | remedies in the event of a lack of such conformity or a failure to supply, and the modalities for the exercise of those remedies, and |
| — | the modification of digital_content or a digital_service. |
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 15
exercise of the right of termination
The consumer shall exercise the right to terminate the contract by means of a statement to the trader expressing the decision to terminate the contract.
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