Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (Text with EEA relevance.)
(1) "sales contract" means any contract under which the seller transfers or undertakes to transfer ownership of goods to a consumer, and the consumer pays or undertakes to pay the price thereof; (2) "consumer" means any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft or profession; (3) "seller" means any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft or profession, in relation to contracts covered by this Directive; (4) "producer" means a manufacturer of goods, an importer of goods into the Union or any person purporting to be a producer by placing its name, trade mark or other distinctive sign on the goods; (5) "goods" means: (a) any tangible movable items; water, gas and electricity are to be considered as goods within the meaning of this Directive where they are put up for sale in a limited volume or a set quantity; (b) any tangible movable items that incorporate or are inter-connected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions ("goods with digital elements");
(6) "digital content" means data which are produced and supplied in digital form; (7) "digital service" means: (a) a service that allows the consumer to create, process, store or access data in digital form; or (b) a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service;
(8) "compatibility" means the ability of the goods to function with hardware or software with which goods of the same type are normally used, without the need to convert the goods, hardware or software; (9) "functionality" means the ability of the goods to perform their functions having regard to their purpose; (10) "interoperability" means the ability of the goods to function with hardware or software different from those with which goods of the same type are normally used; (11) "durable medium" means any instrument which enables the consumer or the seller to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored; (12) "commercial guarantee" means any undertaking by the seller or a producer (the guarantor) to the consumer, in addition to the seller's legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract; (13) "durability" means the ability of the goods to maintain their required functions and performance through normal use; (14) "free of charge" means free of the necessary costs incurred in order to bring the goods into conformity, particularly the cost of postage, carriage, labour or materials; (15) "public auction" means a method of sale where goods or services are offered by the seller to consumers, who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services.
(a) any tangible medium which serves exclusively as a carrier for digital content; or (b) any goods sold by way of execution or otherwise by authority of law.
(a) second-hand goods sold at public auction; and (b) living animals.
(a) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract; (b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance; (c) be delivered with all accessories and instructions, including on installation, as stipulated by the sales contract; and (d) be supplied with updates as stipulated by the sales contract.
(a) be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct; (b) where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract; (c) where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and (d) be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.
(a) the seller was not, and could not reasonably have been, aware of the public statement in question; (b) by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or (c) the decision to buy the goods could not have been influenced by the public statement.
(a) that the consumer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the contract, where the sales contract provides for a single act of supply of the digital content or digital service; or (b) indicated in Article 10(2) or (5), as applicable, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time.
(a) the seller informed the consumer about the availability of the update and the consequences of the failure of the consumer to install it; and (b) the failure of the consumer to install or the incorrect installation by the consumer of the update was not due to shortcomings in the installation instructions provided to the consumer.
(a) the installation forms part of the sales contract and was carried out by the seller or under the seller's responsibility; or (b) the installation, intended to be carried out by the consumer, was done by the consumer and the incorrect installation was due to shortcomings in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or by the supplier of the digital content or digital service.
(a) the value the goods would have if there were no lack of conformity; (b) the significance of the lack of conformity; and (c) whether the alternative remedy could be provided without significant inconvenience to the consumer.
(a) the seller has not completed repair or replacement or, where applicable, has not completed repair or replacement in accordance with Article 14(2) and (3), or the seller has refused to bring the goods into conformity in accordance with paragraph 3 of this Article; (b) a lack of conformity appears despite the seller having attempted to bring the goods into conformity; (c) the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales contract; or (d) the seller has declared, or it is clear from the circumstances, that the seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the consumer.
(a) free of charge; (b) within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; and (c) without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods.
(a) the consumer shall return to the seller, at the seller's expense, the goods; and (b) the seller shall reimburse to the consumer the price paid for the goods upon receipt of the goods or of evidence provided by the consumer of having sent back the goods.
(a) a clear statement that the consumer is entitled by law to remedies from the seller free of charge in the event of a lack of conformity of the goods and that those remedies are not affected by the commercial guarantee; (b) the name and address of the guarantor; (c) the procedure to be followed by the consumer to obtain the implementation of the commercial guarantee; (d) the designation of the goods to which the commercial guarantee applies; and (e) the terms of the commercial guarantee.
(a) public bodies or their representatives; (b) consumer organisations having a legitimate interest in protecting consumers; (c) professional organisations having a legitimate interest in acting.
"3. Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28 ).";
"7. Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28 ).".
Directive 1999/44/EC | This Directive |
---|---|
Article 1(1) | Article 1 |
Article 1(2)(a) | Article 2, point (2) |
Article 1(2)(b), first indent | Article 3(4)(b) |
Article 1(2)(b), second and third indents | Article 2, point (5)(a) |
Article 1(2)(c) | Article 2, point (3) |
Article 1(2)(d) | Article 2, point (4) |
Article 1(2)(e) | Article 2, point (12) |
Article 1(3) | Article 2, point (15) and Article 3(5)(a) |
Article 1(4) | Article 3(2) |
Article 2(1) | Article 5 |
Article 2(2)(a) | Article 6, point (a) and Article 7(1)(b) |
Article 2(2)(b) | Article 6, point (b) |
Article 2(2)(c) | Article 7(1)(a) |
Article 2(2)(d) | Article 7(1)(d) |
Article 2(3) | Article 7(5) |
Article 2(4) | Article 7(2) |
Article 2(5) | Article 8 |
Article 3(1) | Article 10(1) |
Article 3(2) | Article 13(1) |
Article 3(3), first subparagraph | Article 13(2) and Article 14(1)(a) |
Article 3(3), second subparagraph | Article 13(2) |
Article 3(3), third subparagraph | Article 14(1)(b) and (c) |
Article 3(4) | Article 2, point (14) |
Article 3(5) | Article 13(4) |
Article 3(6) | Article 13(5) |
Article 4 | Article 18 |
Article 5(1) | Article 10(1), (2), (3), (4) and (5) |
Article 5(2) | Article 12 |
Article 5(3) | Article 11 |
Article 6(1) | Article 17(1) |
Article 6(2) | Article 17(2) |
Article 6(3) | Article 17(2) |
Article 6(4) | Article 17(4) |
Article 6(5) | Article 17(3) |
Article 7(1), first subparagraph | Article 21(1) |
Article 7(1), second subparagraph | Article 10(6) |
Article 7(2) | — |
Article 8(1) | Article 3(6) and (7) |
Article 8(2) | Article 4 |
Article 9 | Articles 19 and 20 |
Article 10 | Article 22 |
Article 11(1), first subparagraph | Article 24(1), first subparagraph |
Article 11(1), second subparagraph | Article 24(1), third subparagraph |
Article 11(2) | Article 24(1), fourth subparagraph |
Article 12 | Article 25 |
Article 13 | Article 26 |
Article 14 | Article 27 |