9 Amendments of Daniel DALTON related to 2015/0288(COD)
Amendment 243 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be of the quantity, quality 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 thisat sample or model, which must be free from any defect;
Amendment 247 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of the conclusion of the contract and which the seller has accepted; and
Amendment 251 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Any agreement excluding, derogating from or varying the effects of Articles 5 and 6 to the detriment of the consumer ishall be valid only if, at the time of the conclusion of the contract, the consumer knew of the specific condition of the goods and the consumer has expressly accepted thisat specific condition when concluding the contract. It shall not be sufficient to use default options which the consumer is required to reject in order to demonstrate a lack of an express acceptance.
Amendment 260 #
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities and performance capabilities which are normal inof a satisfactory quality compared to 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 earlier links of the chain of transactions, including the producer, unless the seller shows that:
Amendment 300 #
Proposal for a directive
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(a a) a repair or replacement has been attempted by the seller, but the good is still faulty and does not conform with the contract;
Amendment 313 #
Proposal for a directive
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. This Article does not preclude the consumer from seeking any national remedies which may also be available. Member States may maintain in force national provisions affording other remedies, including the "short-term right to reject".
Amendment 317 #
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 unless the parties have explicitly agreed otherwise after the lack of conformity with the contract has been brought to the seller's attention by the consumer. Such explicit consent shall not be a default option which the consumer is required to agree to in order to make the purchase.
Amendment 350 #
Proposal for a directive
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) the seller shall reimburse to the consumer, using the same payment method as that used by the consumer unless the consumer agrees otherwise, 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 361 #
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 unless the consumer could reasonably expect the good in question to last for a longer period of time, in which case the limitation period may be increased to a maximum of six years. In order to establish conformity, any fault inherent in a good at the time of purchase shall be assessed by the length of time that a consumer could reasonably expect the good in question to last.