7 Amendments of Pascal ARIMONT 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 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 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 318 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the seller remedies the lack of conformity with the contract by replacement, the seller shall take back the replaced goods at the seller's expense at the place where the goods were delivered unless the parties have agreed otherwise after the lack of conformity with the contract has been brought to the seller's attention by the consumer.
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 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
Amendment 384 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Commercial guarantee for lifespan The producer of an energy-related product as defined in point 1 of Article 2 of Directive 2009/125/EC of the European Parliament and of the Council1a shall: (a) indicate the minimum lifespan within which he guarantees to the consumer the fitness of the product and provide a clear statement of the legal rights of the consumer; or (b) clearly indicate that he does not offer a commercial guarantee for the lifespan of the product. This information shall be made available to the consumer before the consumer takes an informed transactional decision. _________________ 1a Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).