Examples of using Conformity with the contract in English and their translations into Slovenian
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Programming
Articles 4 and 5 Conformity with the contract.
Goods are in conformity with the contract if they:.
Article 8- Relevant time for establishing conformity with the contract and reversal of the burden of proof.
It maintains the principle that the trader is liable to the consumer for aperiod of two years if the goods are not in conformity with the contract.
In such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used.
Relevant time for establishing conformity with the contract.
If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not beshorter than two years from the relevant time for establishing conformity with the contract.
Giving the trader the right to determine whether the goods orservices supplied are in conformity with the contract or giving the trader the exclusive right to interpret any term of the contract. .
(19) In order to provide clarity as to what a consumer can expect from the goods and what the trader would be liable for in case of failure to deliver what is expected,it is essential to harmonise rules for determining the conformity with the contract.
Give the trader the exclusive right to determine whether the goods,digital content or related services supplied are in conformity with the contract or gives the trader the exclusive right to interpret any contract term;
At the time relevant for establishing the conformity with the contract as determined by Article 8, the goods must be free from any right of a third party, including based on intellectual property, so that the goods can be used in accordance with the contract. .
At the time relevant for establishing the conformity with the contract as determined by Article 8, the goods shall be free of any restriction resulting from any right of a third party, in particular intellectual property rights, which impedes the use of the goods in accordance with Articles 4 and 5.
It was necessary in this context to clarify that the seller can choose how to replace goods thathave already been installed but are not in conformity with the contract as repair is not possible.
If the good is not in conformity with the contract, firstly, the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader's choice unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort.
Any lack of conformity with the contract which becomes apparent within one year from the relevant time for establishing conformity with the contract pursuant to paragraphs 1 and 2 of Article 8 shall be presumed to have existed at that time unless this is incompatible with the nature of the goods or with the nature of the lack of conformity. .
Member States shall ensure that the existence of a credit agreement shall not in any way affect the rights of the consumer against the supplier of goods or services purchased by means of such an agreementin cases where the goods or services are not supplied or are otherwise not in conformity with the contract for their supply.
It is understood that the products are in conformity with the Contract if they:(i) comply with the description given by us and possess the qualities that we have presented in this website,(ii) are fit for the purposes for which products of the kind are normally used and(iii) show the quality and performance which are normal in products of the same type and can which can reasonably be expected.
If the supplier of goods or services has acted as credit intermediary, the creditor and the supplier shall be jointly and severally liable for indemnifying the consumer where the goods or services the purchase of which has been financed bythe credit agreement are not supplied, or are supplied only in part, or are not in conformity with the contract for their supply.
It is understood that the products are in conformity with the contract, provided that(i) they conform to the description made by us and have the qualities that we have presented on this website,(ii) are suitable for the uses to which the products are ordinarily intended of the same type and(iii) present the usual quality and benefits of a product of the same type that are reasonably expected.
This Directive should not apply to situations where the supplier collectsdata necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws.
Conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract- including in pre-contractual information which forms an integral part of the contract- but also certain objective requirements which constitute the standards normally expected for goods, in particular in terms of fitness for the purpose, durability, packaging, installation instructions and normal qualities and performance capabilities.
This Directive should not apply to situations where the supplier collectsdata necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws.
Where the goods or services covered by a linked credit agreement are not supplied, or are supplied only in part,or are not in conformity with the contract for the supply thereof,the consumer shall have the right to pursue remedies against the creditor if the consumer has pursued his remedies against the supplier but has failed to obtain the satisfaction to which he is entitled according to the law or the contract for the supply of goods or services.