8 Amendments of Eva MAYDELL related to 2015/0288(COD)
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 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 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 369 #
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, as set out in Article 8.
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 391 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlierhaving its origin in previous links of the chain of transactions, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the seller may pursue remedies and the relevant actions and conditions of exercise thereof, shall be adequately determined by national law.