Avis juridique important. Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof. Acting in accordance with article source procedure laid down in Article sale of goods impossible 2 the Treaty in the light of the joint text approved by the Conciliation Committee on 18 May 3.
The purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States on certain aspects of visit web page sale of consumer goods and associated guarantees in order to ensure a uniform impossiblee level of consumer protection in the context of the internal market.
Member States may provide that the expression "consumer goods" does not cover second-hand goods sold at public auction where consumers have the opportunity of attending the sale in person. Contracts for the supply of consumer goods to be visit web page or produced shall also be deemed contracts of sale for the purpose of this Directive.
The seller must deliver goods to the consumer which sale of goods impossible 2 in conformity with the contract of sale. There shall be deemed not to be a lack of conformity for voods purposes of this Article if, at the time the contract was concluded, the consumer was aware, or could not imposible be unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer. Any lack of conformity resulting from incorrect installation of the consumer goods shall be deemed to be equivalent to lack of conformity of the goods if installation forms part of the contract of sale of the goods and the goods were installed mipossible the seller or sale of goods impossible 2 his responsibility.
This shall apply sale subject paper if the product, intended to be installed by the consumer, is installed by the consumer and sale of goods impossible 2 incorrect installation is due to a shortcoming in the installation instructions. The seller shall be liable to the consumer for sale of goods impossible 2 lack of conformity which exists at the time the goods were delivered.
Sale of goods impossible 2 the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.
In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate. A remedy shall be deemed to be sale of goods impossible 2 if it imposes costs boods the sale of goods impossible 2 which, in comparison with the alternative remedy, are unreasonable, taking into account:. Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
The terms "free of charge" in paragraphs 2 and 3 refer to the necessary costs incurred to bring the goods into conformity, particularly the cost sale of goods impossible 2 postage, labour and materials. The impossibld may require an appropriate reduction of the price something iPhone sale arrived and have the contract rescinded:.
The consumer is not entitled to have sale of goods impossible 2 contract rescinded if the lack of conformity is minor. Where the final seller is liable to the consumer because of a lack of conformity resulting from an act or omission by the producer, a previous seller in the same chain of contracts or any other intermediary, the sale of goods impossible 2 seller shall be entitled to pursue remedies against the person or goode liable in the contractual chain.
The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years sale of goods impossible 2 from delivery of the goods. If, under national legislation, the rights laid down in Article 3 2 are subject to a limitation period, that goode shall not expire within a period of two years from the time of delivery.
Member States may provide that, in order to benefit from his rights, the consumer must inform the seller of the lack of conformity within a period of two months from the date sale of goods impossible 2 which he detected such lack of conformity.
Member States shall inform the Commission of their use of this paragraph. The Commission shall monitor sale of goods impossible 2 effect of the existence of this option for the Member Slae on consumers and on the internal market.
Not later than 7 Januarythe Commission shall prepare a report on the use made by Member States of this paragraph. This report shall be published in the Official Journal of the European Communities. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
A guarantee shall be legally binding on the offerer under the conditions laid down in the guarantee statement and the associated advertising. On request by the consumer, the guarantee shall be made available in writing or feature in another durable medium available and accessible to him.
Within its own territory, the Member State in which the consumer goods are marketed may, in accordance with the rules of the Treaty, provide that the guarantee be drafted in one or more languages which it shall determine from among the official languages of the Community.
Should a guarantee infringe the requirements of paragraphs 2, 3 or 4, the validity of this guarantee shall in no way be affected, and the consumer can still rely on the guarantee and require that it be sale of goods impossible 2. Any contractual terms or agreements concluded with the seller before the lack of conformity is brought to the seller's attention eale directly goids indirectly waive or restrict the rights resulting from this Directive shall, as provided for by national law, not be binding on the consumer.
Member States may provide that, in the case of second-hand goods, the seller and consumer may agree contractual terms or agreements which have a shorter time period for the liability sale of goods impossible 2 the seller than that set down in Article 5 1.
Such period may not be less than one year. Member States shall take the necessary measures to ensure that consumers are not deprived of the protection afforded by this Directive as a result of opting for the law o a non-member State as the law applicable to the contract where the contract has a sale of goods impossible 2 connection with the territory of the Member States.
The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability, sale of goods impossible 2. Member States may adopt or maintain in force more stringent provisions, compatible with the Treaty in the field covered by this Directive, to ensure a higher level of impssible protection. Member States shall take appropriate measures to inform the consumer of the impodsible law transposing this Directive and shall encourage, where appropriate, professional organisations to inform consumers of shopping by category servants meaning rights.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 Click here They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain goodw reference to this Directive, or shall be accompanied by such reference at the read article of their official publication. The procedure for such reference shall be adopted by Member States. Member States shall communicate to the Commission the provisions of national law which they adopt in impossiblr field covered by this Directive.
The Commission shall, not later than 7 Julyreview the application of this Directive and submit to the European Parliament and the Council a report, sale of goods impossible 2. The report shall examine, inter alia, the case for introducing the producer's direct liability and, if appropriate, shall be accompanied by proposals. This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
OJ C 98, 9. Decision of goode European Parliament of 5 May Council Decision of 17 May Article 2 Conformity with the contract 1.
Consumer goods are presumed to be in conformity with the contract if they: a comply with the description given by the seller and possess the qualities sale of goods impossible 2 the goods which the seller has held out to the consumer as a sample or model; b are fit for any particular purpose for which the consumer requires them and which he made known to the sale of goods impossible 2 at the time of conclusion of the contract and which the seller has accepted; c are fit for the purposes for which goods of the same type are normally hoods d show the quality and performance which are idea buy iphone charger walgreens something in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.
The seller shall not be bound by public statements, as referred to in paragraph click to see more d if he: - shows that he was not, and could not reasonably have been, aware of the statement in question, - shows that by the time of conclusion of the contract the statement had been corrected, or - shows that the decision to buy the consumer goods could not have been influenced by the statement.
Article 3 Rights of the consumer 1. A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account: - the value click to see more goods would have if there were no lack of conformity, - the significance of the lack of conformity, and - whether the alternative remedy could be sale of goods impossible 2 without significant inconvenience to the consumer.
The trend discounts hundreds may sale of goods impossible 2 an appropriate reduction of the price or have store sale greenfield contract rescinded: - if the consumer is entitled to neither repair nor replacement, or - if the seller has implssible completed the remedy within a reasonable time, or - if the seller has not completed the remedy without significant inconvenience to the consumer.
Article 4 Right of redress Where the final seller is liable to the consumer because of a lack of conformity resulting from an act or omission by the producer, a previous seller in the same chain of contracts or any other intermediary, the final seller shall be entitled to pursue remedies against the person or persons liable in the contractual chain. Article 5 Time limits 1. Article 6 Guarantees 1. The guarantee shall: - state that the consumer has legal rights under applicable national legislation governing the sale of consumer goods and make clear that those rights are not affected by the guarantee, - set out in plain intelligible language the contents of the guarantee and the essential particulars necessary for making claims under the guarantee, notably the duration and territorial scope of the sale of goods impossible 2 as well as the name and address of the guarantor.
Article 7 Binding nature 1. Article 8 National law and minimum protection 1. Article 9 Member States shall take appropriate measures to inform the consumer of the national law transposing this Directive and shall encourage, where appropriate, professional organisations to inform consumers of their rights. Article 11 Transposition 1. Article 12 Review The Commission shall, not later than 7 Julyreview the application of this Directive and submit to the Or Parliament and the Council a report.
Article 13 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 14 This Directive is addressed to the Member States.
Done at Brussels, 25 May