8 Amendments of Emil RADEV related to 2015/0288(COD)
Amendment 92 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in order tosix months after delivery of the goods, the consumer may benefit from the presumption of lack of conformity, the consumer shouldhaving only to establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products.
Amendment 162 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in order tosix months after delivery of the goods, the consumer may benefit from the presumption of lack of conformity, the consumer shouldhaving only to establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In order to increase legal certainty in relation to available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products.
Amendment 188 #
Proposal for a directive
Article 13 – paragraph 3 – point а
Article 13 – paragraph 3 – point а
(a) the seller shall reimburse to the consumer the price paid without undue delay and in any event not later than 14 days from receipt of the notice of termination and shall bear the cost of the reimbursement of that price;
Amendment 190 #
Proposal for a directive
Article 13 – paragraph 3 – point а a (new)
Article 13 – paragraph 3 – point а a (new)
(aa) the seller shall reimburse the sum paid to him or her using the same means of payment originally used by the consumer, unless the consumer has explicitly given his or her consent to the use of a different means of payment and provided that such means do not entail any cost to the consumer. The consumer shall provide the information, e.g. bank account details, necessary for the reimbursement of the price paid, and shall not do anything to obstruct the making of the requisite payment;
Amendment 194 #
Proposal for a directive
Article 13 – paragraph 3 – point б a (new)
Article 13 – paragraph 3 – point б a (new)
(ba) the seller shall be entitled to withhold payment of all or part of the amount to be reimbursed pending either receipt of the goods or presentation of proof that they have been dispatched, whichever occurs sooner.
Amendment 309 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. TIf the goods are not in conformity with the contract and the degree of non- conformity is other than insignificant, the consumer shall be entitled to withhold the payment of any outstanding part of the price, until the seller has brought the goods into conformity with the contract.
Amendment 348 #
Proposal for a directive
Article 13 – paragraph 3 – point а
Article 13 – paragraph 3 – point а
(a) the seller shall reimburse to the consumer the price paid without undue delay and in any event not later than 14 days from receipt of the notice of termination and shall bear the cost of the reimbursement; the seller shall reimburse the sums received using the same means of payment originally used by the consumer unless the consumer has explicitly indicated his or her consent to the use of a different means of payment and provided that such means does not entail any cost to the consumer. The consumer shall provide the information, e.g. bank account details, necessary for the reimbursement of the price paid and shall not do anything to obstruct the making of the requisite payment.
Amendment 353 #
Proposal for a directive
Article 13 – paragraph 3 – point б
Article 13 – paragraph 3 – point б
(b) the consumer shall return, at the seller's expense, to the seller the goods without undue delay and in any event not later than 14 days from sending the notice of termination;. The seller shall be entitled to withhold payment of all or part of the amount to be reimbursed pending either receipt of the goods or presentation of proof that they have been dispatched, whichever occurs sooner.