17 Amendments of Biljana BORZAN related to 2015/0288(COD)
Amendment 166 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) This Directive should grant consumers throughout the Union a new and unrivalled freedom in choosing remedies. A consumer should be able to require the seller to bring the goods into conformity with the contract either through repair of the defects or through replacement of the defective goods with conforming ones. But more importantly, the consumer should be able to turn down any offer by the supplier to have the goods brought into conformity and instead to require price reduction or termination of the contract. The consumer should be able to decide whether or not to give the supplier a chance to bring the goods into conformity, and in which way the supplier should cure the defects, according to his own preference. Repair or replacement might be preferable if a consumer thinks the value of the defective goods is substantial, for example because the goods are unique or the market prices of the goods have gone up.
Amendment 170 #
Proposal for a directive
Recital 27
Recital 27
(27) TIf, in the case of non-conformity of the goods with the contract, the consumer' has choice betweensen either repair andor replacement, his choice should only be limited where the option chosen would be disproportionate compared to the other option available, impossible or unlawful. For instance, it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while, at the same time, the scratch could easily be repaired.
Amendment 173 #
Proposal for a directive
Recital 28
Recital 28
(28) Where the seller has not remedied the lack of conformity through repair or replacement without significant inconvenience for the consumer and within a reasonable time, the consumer should be entitled to a price reduction or to terminate the contract. In particularIf, in the case of non-conformity of the goods with the contract, the consumer has opted for a repair or replacement, any repair or replacement needs to be successfully accomplished within thisa reasonable period. What is a reasonable time should be objectively ascertained considering the nature of the goods and the lack of conformity. If upon the laps of the reasonable period, the seller has failed to successfully remedy the lack of conformity, the consumer should not be obliged to accept any further attempts by the seller in relation to the same lack of conformity.
Amendment 175 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) If, in the case of non-conformity of the goods with the contract, the consumer has chosen repair or replacement, he should still be entitled to a price reduction or termination of the contract if the seller fails to complete a repair or replacement within a reasonable time, if a repair or replacement would cause significant inconvenience to the consumer, if a repair or replacement is impossible or unlawful or if the seller has declared, or it is equally clear from the circumstances, that the seller will not bring the goods into conformity with the contract within a reasonable time.
Amendment 192 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33 a) The producer of a technical product should be obliged to inform the consumer about the minimum life span to be expected of the technical product. This life span indication should reflect the expectations of reasonable and typical consumers, particularly because many of these products entail mass produced software packages and services. The obligation of producers to offer a commercial guarantee, independent from the legal prescription period, should take account of the new situation that sellers of technical products are regularly unable to rectify any defects by themselves.
Amendment 244 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be of the quantity, quality, durability and description required by the contract, which includes that where the seller shows a sample or a model to the consumer, the goods shall possess the quality of and correspond to the description of this sample or model;
Amendment 329 #
Proposal for a directive
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
-1 In the case of a lack of conformity of the goods with the contract, the consumer shall be entitled to an appropriate reduction of the price in the manner set out in paragraph 1.
Amendment 332 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The seller shall reimburse the consumer without undue delay, and in any event within 14 days from the day on which the seller was informed of the consumer's decision to invoke his right to a price reduction.
Amendment 333 #
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
The seller shall carry out the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer expressly agrees otherwise. The seller shall not impose any fees on the consumer in respect of the reimbursement.
Amendment 386 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Commercial guarantees for lifespan 1. The producer of a technical product shall guarantee to the consumer the fitness of the product for its foreseeable minimum lifespan and shall indicate the duration of that lifespan. The indicated timeframe shall not be shorter than the legal prescription period applying in the Member State where the consumer has his habitual residence and shall reflect the expectations of a reasonable and typical consumer. 2. Where the producer does not fulfil his obligations in accordance with paragraph 1, the obligations owed by him to the consumer shall be the same as those owed by the supplier.
Amendment 412 #
Proposal for a directive
Recital 7
Recital 7
(7) While consumers enjoy a high level of protection when they purchase online or otherwise at a distance from abroad as a result of the application of Regulation (EC) No 593/2008, fragmentation also impacts negatively on consumers’ levels of confidence in e- commerce. While several factors contribute to this mistrust, uncertainty about key contractual rights ranks prominently among consumers’ concerns. This uncertainty exists independently of whether or not consumers are protected by the mandatory consumer contract law provisions of their own Member State in the case where a seller directs his cross- border activities to them or whether or notThere is clearly a need to raise consumers’ awareness of their rights with regard to the length of the legal guarantee period and of the reversal of burden of proof in order to increase consumers concludefidence in cross-border contracts with a seller without the respective seller pursuing commercial activities in the consumer's Member Statepurchases.
Amendment 414 #
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 to benefit from the presumption of lack of conformity, the consumer should only 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, enablingThere is a need for a free choice of remedies in order to prevent consumers’ rights in several Member States being diminished. It would be arbitrary to impose a hierarchy of remedies upon consumers when there is also an absence of clear information regarding the order in which consumers will prioritise the available remedies. It should be left to the consumers to require repair should encourage a susthave the choice avainlable consumption and could contribute to a greater durability of productto them to decide on an individual basis.
Amendment 417 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Within their own territory, Member States in which the consumer goods are marketed may, in accordance with the Treaty, require that the guarantee is drafted in one or more languages which it shall determine from among the official languages of the Union.
Amendment 422 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to remedy those problems that are due to the fragmentation of national rules, businesses and consumers should be able to rely on a set of fully harmonised, targeted rules for the sales of goods. Uniform rules are necessary in relation to several essential elements of consumer contract law which under the current minimum harmonisation approach led to disparities and trade barriers across the Union. Therefore, this Directive should repeal the minimum harmonisation Directive 1999/44/EC and introduce fully harmonised rules on contracts for theonline and other distance sales of goods. This Directive should establish a set of clear, common rules that provide for the contractual rights of consumers when buying goods and help to provide a stable trading environment for sellers. Those rules should recognise that consumers and sellers are not on an equal footing and that, therefore, the legal framework needs to be just and fair in order to ensure that there is a high level of consumer protection, whilst continuing to recognise the concerns of businesses, including smales of goodl businesses.
Amendment 423 #
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should not affect contract laws of Member States in areas not regulated by this Directive. In addition, its implementation should under no circumstances constitute grounds for reducing the level of protection afforded to consumers in fields that fall within the scope of Union law. Furthermore, in certain areas regulated by this Directive Member States should also be free to lay down rules in relation to those aspects which are not regulated in this Directive: this concerns limitation periods for exercising the consumers' rights and commercial guarantees. Finally, in relation to the right of redress of the seller, Member States should be free to provide more detailed conditions on the exercise of such right.
Amendment 429 #
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘free of charge’ means free of the necessaryusual costs incurred in order to bring the goods into conformity, particularly the cost of postage, labour and materials
Amendment 432 #
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 in any event within 30 days from the moment the seller has acquired physical possession of the goods or the consumer has handed over the goods to the carrier chosen by the seller. Such repair or replacement shall be 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.