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
- consumer 15
- digital_content 14
- digital_service 14
- contract 10
- trader 10
- shall 9
- modification 8
- supply 7
- time 6
- article 6
- accordance 5
- without 5
- terminate 5
- paragraph 5
- entitled 4
- where 4
- such 4
- apply 4
- articles 3
- clear 3
- maintain 3
- additional 3
- accordingly 2
- conformity 2
- terminates 2
- provides 2
- circumstances 2
- from 2
- made 2
- informed 2
- cost 2
- fails 2
- within 2
- agreed 2
- period 2
- advance 1
- whichever 1
- right 1
- features 1
- durable_medium 1
- free 1
- reasonably 1
- possibility 1
- later 1
- paragraphs 1
- cases 1
- manner 1
- comprehensible 1
- enabled 1
- referred 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.
Article 19
Modification of the digital_content or digital_service
1. Where the contract provides that the digital_content or digital_service is to be supplied or made accessible to the consumer over a period of time, the trader may modify the digital_content or digital_service beyond what is necessary to maintain the digital_content or digital_service in conformity in accordance with Articles 7 and 8, if the following conditions are met:
| (a) | the contract allows, and provides a valid reason for, such a modification; |
| (b) | such a modification is made without additional cost to the consumer; |
| (c) | the consumer is informed in a clear and comprehensible manner of the modification; and |
| (d) | in the cases referred to in paragraph 2, the consumer is informed reasonably in advance on a durable_medium of the features and time of the modification and of the right to terminate the contract in accordance with paragraph 2, or of the possibility to maintain the digital_content or digital_service without such a modification in accordance with paragraph 4. |
2. The consumer shall be entitled to terminate the contract if the modification negatively impacts the consumer's access to or use of the digital_content or digital_service, unless such negative impact is only minor. In that case, the consumer shall be entitled to terminate the contract free of charge within 30 days of the receipt of the information or of the time when the digital_content or digital_service has been modified by the trader, whichever is later.
3. Where the consumer terminates the contract in accordance with paragraph 2 of this Article, Articles 15 to 18 shall apply accordingly.
4. Paragraphs 2 and 3 of this Article shall not apply if the trader has enabled the consumer to maintain without additional cost the digital_content or digital_service without the modification, and the digital_content or digital_service remains in conformity.
whereas