14 Amendments of Andreas SCHWAB related to 2015/0288(COD)
Amendment 119 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive covers rules applicable to the sale of goods, including online and other distance sales of goods, only in relation to key contract elements needed to overcome contract-law related barriers in the Single Market and the Digital Single Market. For this purpose, rules on conformity requirements, remedies available to consumers for lack of conformity of the goods with the contract and modalities for their exercise should be fully harmonised and the level of consumer protection as compared to Directive 1999/44/EC, should be increasedin such a way as to ensure a high level of consumer protection. This Directive should not affect national laws regulating the conditions under which the seller is liable for the sold goods' hidden defects that already existed before the consumer acquired possession of the goods, but only became apparent after such acquisition, and which render the goods unfit for the use for which they were intended, or which diminish their use to such an extent that the consumer would not have bought the goods or would only have paid a lower price for them if the defect had been known.
Amendment 126 #
Proposal for a directive
Recital 13
Recital 13
(13) This Directive should not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only as a carrier of the digital content. However, this Directive should apply or to digital content integratembedded in goods such as household appliances or toys where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral punless the seller proves that the lack of conformity lies in the hardwarte of the goods.
Amendment 176 #
Proposal for a directive
Recital 29
Recital 29
Amendment 224 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) 'producer' means the manufacturer of goods, the importer of goods into the territory of the Union or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods;
Amendment 228 #
(d a) 'embedded digital content' means pre-installed digital content which operates as an integral part of the goods and cannot easily be de-installed by the consumer;
Amendment 233 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a Scope 1. This Directive shall apply to any sales contract concluded between a consumer and a seller. 2. This Directive shall not apply to contracts for the provision of services. However, in the case of contracts providing both for the sale of goods and for the provision of services, this Directive shall apply to the part thereof relating to the sale of goods. 3. This Directive shall not apply to goods in which digital content is embedded unless the supplier proves that the lack of conformity lies in the hardware of the good. This Directive shall likewise not apply to a tangible medium which serves exclusively as carrier of digital content, unless the supplier proves that the lack of conformity lies in the tangible medium. 4. If any provision of this Directive conflicts with a provision of another Union act governing a specific sector or subject matter, the provision of that other Union act shall prevail and shall apply to those specific sectors. 5. This Directive shall not affect national general contract laws such as rules on the formation, validity or effects of contracts, including the consequences of the termination of a contract, in so far as they are not regulated by this Directive.
Amendment 294 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A 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 seller shall bear the risk of coincidental destruction or coincidental deterioration in the goods for the duration of the subsequent performance.
Amendment 306 #
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
(d) the seller has declared, or it is equally clearfollows from the circumstances, that the seller will not bring the goods in conformity with the contract within a reasonable time.
Amendment 320 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 321 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The consumer shall not be liable to pay for any use made of the replaced goods in the period prior to the replacement unless, owing to the nature of the goods, the use thereof can lead to a significant loss of value. Points (b) and (c) of Article 13(3) shall apply mutatis mutandis.
Amendment 346 #
Proposal for a directive
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(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 goods and shall bear the cost of the reimbursement. Where Article 13(3)(c) applies, 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 and shall bear the cost of the reimbursement;
Amendment 368 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract. Member States may provide for longer periods in the event that the seller fraudulently conceals the lack of conformity with the contract.
Amendment 376 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Restarting the prescribed periods in the case of remedial measures Where the lack of conformity of the goods becomes apparent once again within two years of a repair being made, or lack of conformity of the goods delivered as a replacement becomes apparent within two years of the replacement, Article 14 shall apply accordingly. This shall be without prejudice to further claims by the consumer.
Amendment 380 #
Proposal for a directive
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) a clear statement of the legal rights of the consumer as provided for in this Directive and a clear statement that those rights are to be fulfilled without further conditions and are not affected by the commercial guarantee; and