Last updated: 26 January 2024
General Provisions
These general terms and conditions of sale apply to any order placed on the website www.donnobikes.com by any person as a consumer, hereinafter referred to as "CUSTOMER". The site is managed by the company Donno Bikes srl, with registered office in Via Ugo la Malfa,31 - 63074 San Benedetto del Tronto (AP), REA AP-259914, P.IVA 02400860447, hereinafter referred to as "DONNO BIKES" and its Partners, hereinafter referred to as "PARTNERS".
By placing an order on the site, the CUSTOMER expressly accepts these general sales conditions governing the contractual relationship with DONNO BIKES and its PARTNERS.
The general terms and conditions of sale specific to a PARTNER are accessible in the files of the products sold and dispatched by the PARTNERS and will be consulted by the CUSTOMER when placing an order. These conditions may be amended at any time, without prior notice, and the date of their publication on the site shall be equivalent to the date of their entry into force.
However, ongoing contracts remain subject to the conditions in force at the time of the conclusion of the sale.
These terms and conditions govern purchases made on the www.donnobikes.com website, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on e-commerce.
ARTICLE 1 - SUBJECT MATTER OF THE CONTRACT
With these general sales conditions, DONNO BIKES and the PARTNERS sell and the CUSTOMER purchases at a distance the tangible movable goods indicated and offered for sale on the site www.donnobikes.com. The contract is concluded via the Internet, by means of the CUSTOMER accessing the address www.donnobikes.com and placing a purchase order according to the procedure set out on the site itself.
Before confirming his order, the customer undertakes to read these general terms and conditions of sale, in particular the pre-contractual information provided by DONNO BIKES and the PARTNERS.
Every order placed on www.donnobikes.com implies the conclusion of a contract of sale at DISTANCE in the Italian language.
In the order confirmation e-mail, the CUSTOMER shall also receive the link to download and file a copy of these general terms and conditions of sale, as provided for in Article 51(1) of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ARTICLE 49 OF LEGISLATIVE DECREE 206/2005
Prior to the conclusion of the purchase contract, the CUSTOMER shall take note of the characteristics of the goods, which are illustrated in the individual product sheets at the time of the CUSTOMER'S choice.
Prior to the validation of the order with 'obligation to pay', the CUSTOMER is informed about
total price of the goods including taxes, with details of shipping costs and any other costs; payment methods; the deadline by which DONNO BIKES undertakes to deliver the goods; conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the standard withdrawal form in Annex I, part B of Legislative Decree 21/2014; information that the CUSTOMER will have to bear the cost of returning the goods in the event of withdrawal; existence of the legal guarantee of conformity for the goods purchased; conditions of after-sales assistance and commercial guarantees provided by DONNO BIKES.
The CUSTOMER may at any time, and in any case prior to the conclusion of the contract, become aware of the information relating to DONNO BIKES, the geographical address, telephone and fax number, and e-mail address, which is also set out below:
DONNO BIKES SRL registered office VIA UGO LA MALFA,31 - SAN BENEDETTO DEL TRONTO 63074 - (AP) tel. +39 375 7060406 - email : donnobikes@gmail.com
ARTICLE 3 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded when DONNO BIKES sends the CUSTOMER an e-mail confirming the order. The e-mail contains the details of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs, the delivery address to which the goods will be sent and the link to be able to print and archive a copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above email and to promptly notify DONNO BIKES of any corrections/changes to be made.
DONNO BIKES undertakes to describe and present the articles sold on the site in the best possible way. Nevertheless, there may be some errors, inaccuracies or small differences between the product depicted on the site and the real product. Furthermore, the photographs of the products presented on www.donnobikes.com do not constitute a contractual element, as they are to be considered representative only.
DONNO BIKES undertakes to dispatch the goods within 30 days of DONNO BIKES sending the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - PRODUCT AVAILABILITY
Product availability refers to actual availability at the time the CUSTOMER places the order. This availability must in any case be considered purely indicative since:
products could be sold to other CUSTOMERS before the order is confirmed, as a result of the simultaneous presence of several users on the site, an IT anomaly could occur such that a product is available for purchase that in reality is not.
Even after the order confirmation e-mail sent by DONNO BIKES, cases of partial or total unavailability of goods may occur. In these eventualities, the order will be automatically rectified with the elimination of the product or products that are not available and the CUSTOMER will be immediately informed by e-mail; with this e-mail the customer will also be informed of the modalities and timing for the reimbursement of any sums paid.
ARTICLE 5 - TERMS OF PAYMENT
Payment by the CUSTOMER can be made by: credit/debit card (accepted circuits: Visa, MasterCard, American Express, Postepay); Paypal; Satispay for orders with amounts not exceeding € 500.00; Google Pay; Klarna for orders with amounts between € 35.00 and € 1,500.00.Pagodil, for orders with amounts between € 990,00 and € 3.000,00; Gift/Receipt Card; Loyalty Voucher; Bank Transfer, for orders over € 50,00.
Communications relating to payment and the data communicated by the CUSTOMER when payment is made take place on specially secured lines. Credit card payment security is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
In the event that the customer subscribes to financial services proposed by the seller (by way of example only, payment in instalments, payment in arrears, etc.) or to payment methods involving the application of commissions, any charges for the service requested shall be borne in full by the customer.
ARTICLE 6 - PRICES
All product sales prices shown on www.donnobikes.com are in Euro and include VAT, and where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
The CUSTOMER accepts the right of DONNO BIKES to change its prices at any time,
However, the goods shall be invoiced on the basis of the prices indicated on the site when the order is created and indicated in the confirmation e-mail sent by DONNO BIKES to the CUSTOMER.
In the event of computer, manual, technical or any other error that may lead to a substantial change, not foreseen by DONNO BIKES, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 - RIGHT OF WITHDRAWAL
See the following page for the terms of withdrawal: https://donnobikes.
ARTICLE 8 - LEGAL GUARANTEE OF CONFORMITY
Only consumers - i.e. natural persons who have purchased a product for use not in connection with a commercial, entrepreneurial or professional activity - may benefit from the legal guarantee. Therefore, invoices bearing the VAT number of a business or professional person are not entitled to the rights under the legal guarantee. Pursuant to the Consumer Code, a consumer may request the seller of a product to apply the remedies of the legal guarantee for conformity defects that have become apparent within 24 months after delivery of the product. The consumer must report the defect within 2 months of its discovery. Consumers may apply the remedies of the legal guarantee provided that they have proof of purchase (e.g. tax receipt/receipt) of the product. It is therefore important to always keep the receipt relating to the purchase of the product.
In the event of receipt of defective products or products that do not in any case conform to the orders placed, the CUSTOMER is entitled to the restoration, at no charge, of the conformity of the product by means of repair or replacement, pursuant to the Consumer Code.
Any product found to be defective or non-compliant must be diagnosed by a workshop authorised by Donno Bikes in order to verify warranty claims.
In the event that the diagnosis establishes that the product has a conformity defect (i.e. that the conditions of the Consumer Code are met), the consumer will be informed of the estimated repair time.
In the event that the diagnosis establishes that the conditions set out in the Consumer Code are not met (e.g. if the defect is a consequence of incorrect use of the product by the consumer), Donno Bikes will contact the consumer to inform him/her of the nature of the defect and the estimated repair costs. These costs will be borne entirely by the consumer, as will any transport/shipping costs for the product. In addition, in some cases, the consumer may be required to pay the costs of the diagnosis made. These costs will be communicated to the consumer in advance, when the product is delivered for diagnosis.
In cases where the legal warranty does not apply, Donno Bikes will require the consumer to approve the repair cost estimate before work is started
The Parties expressly agree that the legal warranty of conformity does not apply and is not transferred to the new purchaser. Consequently, the seller assumes no liability for any lack of conformity or defects in the goods that may arise in subsequent transactions between private parties.
ARTICLE 9 - MODE OF DELIVERY
DONNO BIKES will only accept orders for delivery within Italian territory, with the exception of the territory of San Marino and the Vatican City. The products will be delivered by express courier to the address indicated by the CUSTOMER when placing the order within and no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by DONNO BIKES.
The PARTNERS undertake to dispatch and deliver the goods in accordance with the timescales set out in their specific terms and conditions of sale.
For each order placed on the www.decathlon.it website, DONNO BIKES will issue an invoice for the goods shipped. The invoice is available and printable, following the processing of the order, in the "My orders" section of the CUSTOMER's "My online account" space. The invoice shall contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated on the invoice.
ARTICLE 10 - LIABILITY
DONNO BIKES accepts no responsibility for inefficiencies attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and inefficiencies of the internet network, in the event that it is unable to execute the order within the time stipulated in the contract. It should be noted that the responsibility of DONNO BIKES cannot in any case be invoked in the event of total or partial non-fulfilment of contractual obligations attributable to the CUSTOMER; DONNO BIKES will have no responsibility in the event that it is unable to execute the order within the time stipulated in the contract due to inefficiencies attributable to force majeure or fortuitous events, even if dependent on malfunctions and inefficiencies of the internet network.
ARTICLE 11 - ACCESS TO THE SITE
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of DONNO BIKES and are protected by intellectual property law.
ARTICLE 12 - COOKIES
The www.donnobikes.com website uses 'cookies'. Cookies are electronic files that record information about
to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and which allow DONNO BIKES to offer a personalised service to its customers.
Donno Bikes informs the Customer of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
For more information Click here (cookie policy)
ARTICLE 13 - INTEGRITY
These general terms and conditions of sale comprise the totality of the clauses that make them up. If one or more provisions of these general terms and conditions is deemed invalid or declared invalid by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 15 - APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions for Online Sale are subject to Italian law.
Any dispute that cannot be settled amicably shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
In any event, you may optionally have recourse to the mediation procedures set out in Article 14 of EU Regulation 524/2013 for the resolution of any disputes arising in the interpretation and execution of these terms and conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr
FULL TEXT OF ARTICLES 128 TO 135 OF THE CONSUMER CODE
TITLE III
Legal guarantee of conformity and commercial guarantees for consumer goods
CHAPTER I
The sale of goods
Article 128
Scope and Definitions
1. This Chapter governs certain aspects of sales contracts concluded between the consumer and the seller including the conformity of the goods with the contract, remedies in the event of lack of conformity, the manner of exercising such remedies and contractual warranties. For these purposes, contracts of exchange and supply as well as contracts of tender, works and all other contracts for the supply of goods to be manufactured or produced are treated as sales contracts.
2. For the purposes of this Chapter
(a) sales contract: any contract under which the seller transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price;
(b) consumer: the natural person referred to in Article 3(1)(a);
(c) 'seller' means any natural or legal person, public or private, who, in the exercise of his trade, business or profession, including through another person acting in his name or on his behalf, uses the contracts referred to in subsection 1, first sentence, including a platform provider if he is acting for purposes within the scope of his business and as a contractual counterparty of the consumer for the supply of digital content or digital services;
(d) producer: the manufacturer of a good, the importer of a good into the territory of the Union or any other person presenting himself as the producer by affixing his name, trade mark or other distinctive sign to the good;
(e) good:
(1) any movable tangible goods, including goods to be assembled; water, gas and electricity when packaged for sale in a defined volume or quantity;
(2) any tangible movable property which incorporates, or is interconnected with, digital content or a digital service in such a way that the absence of such digital content or digital service would prevent the performance of the functions proper to the property ("goods with digital elements");
(3) live animals;
(f) digital content: data produced and supplied in digital format;
(g) digital service:
(1) a service enabling the consumer to create, transform, store or access data in digital form; or
2) a service enabling the sharing of data in digital format uploaded or created by the consumer or other users of that service or any other interaction with such data;
(h) compatibility: the ability of the good to function with hardware or software with which goods of the same type are normally used, without the need to convert the goods, hardware or software;
(i) Functionality: the ability of the good to perform all its functions in view of its purpose;
(l) interoperability: the ability of the good to operate with hardware or software other than those with which goods of the same type are normally operated;
(m) 'durable medium' means any instrument which enables the consumer or vendor to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the identical reproduction of the information stored;
(n) 'Conventional guarantee' means any undertaking by a seller or producer (the 'guarantor'), given to the consumer, in addition to the legal obligations concerning the guarantee of conformity, to reimburse the price paid, replace, repair or otherwise deal with the goods if they do not meet the characteristics, or any other requirements not related to conformity, set out in the guarantee statement or in the relevant advertising available at the time of or before the conclusion of the contract;
(o) Durability: the ability of goods to maintain their specific functions and performance through normal use;
(p) free of charge: without the costs necessary to bring the goods into conformity, in particular the costs of shipping, transport, labour and materials;
(q) 'public auction' means a method of sale where goods or services are offered by the seller to consumers who attend, or are given the opportunity to attend in person at the auction, which is conducted through a transparent competitive procedure run by an auctioneer and where the successful bidder is required to purchase the goods or services.
3. The provisions of this Chapter shall not apply to contracts for the supply of a digital content or a digital service, which fall within the scope of the provisions implementing Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the supply of digital content or digital services. They shall apply to digital content or digital services embedded in or interconnected with goods, within the meaning of subsection (2)(e)(2), which are provided with the goods by virtue of the contract of sale, regardless of whether the said digital content or digital services are provided by the seller or a third party. Where it is doubtful whether
the supply of an embedded or interconnected digital content or service is part of the contract of sale, such supply is presumed to be part of the contract of sale.
4. The provisions of this Chapter shall also not apply:
(a) to the tangible medium acting solely as carrier of the digital content;
(b) goods subject to forced sale or otherwise sold by judicial authorities, including by delegation to notaries, or in any other manner provided for by law.
5. The provisions of this Chapter shall apply to the sale of second-hand goods, taking into account the time of their previous use, limited to defects not resulting from the normal use of the thing, even when they are sold at public auctions if clear and complete information about the inapplicability of the provisions of this Chapter has not been made available to consumers.
Article 129
Conformity of goods to the contract
1. The seller provides the consumer with goods that meet the requirements of paragraphs 2 and 3 and the provisions of Articles 130 and 131 to the extent that they are compatible, subject to the provisions of Article 132.
2. To be in conformity with the contract of sale, the goods must meet the following subjective requirements, where relevant:
(a) correspond to the contractual description, type, quantity and quality and possess functionality, compatibility, interoperability and other characteristics as stipulated in the sales contract;
(b) be suitable for any particular use intended by the consumer, which has been brought to the knowledge of the seller at the latest at the time of the conclusion of the sales contract and which the seller has accepted;
c) be supplied together with all accessories, instructions, including those concerning installation, provided for in the sales contract; and
d) be supplied with updates as provided for in the sales contract.
3. In addition to complying with the subjective conformity requirements, the goods must meet the following objective requirements, where relevant:
(a) be suitable for the purposes for which goods of the same type are normally used, taking into account, where appropriate, other provisions of national and Union law, technical standards or, in the absence of such technical standards, industry codes of practice applicable to the specific sector;
(b) where relevant, have the quality and correspond to the description of a sample or model that the seller has made available to the consumer prior to the conclusion of the contract;
c) where relevant be delivered together with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and,
(d) be of the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, ordinarily found in goods of the same type and which the consumer may reasonably expect, having regard to the nature of the goods and the public statements made by or on behalf of the seller, or other persons at earlier stages in the chain of commercial transactions, including the producer, in particular in advertising or on the label.
Article 130
Seller's Obligations and Consumer Conduct
1. The seller is not bound by the public declarations referred to in Article 129(3)(d) when, even alternatively, he proves that
(a) was not aware of the public declaration in question and could not have known of it with ordinary diligence;
(b) the public declaration has been adequately corrected by the time of the conclusion of the contract in the same or a similar manner as that in which it was made;
(c) the decision to purchase the property was not influenced by the public declaration.
2. In the case of goods with digital elements, the seller is obliged to keep the consumer informed of available updates, including security updates, necessary to maintain the conformity of those goods, and to provide them to the consumer during the period of time:
(a) that the consumer can reasonably expect, given the type and purpose of the goods and digital elements, and taking into account the circumstances and the nature of the contract, if the sales contract provides for a single act of supply of the digital content or digital service; or
(b) referred to in Article 133(2) or (3), as the case may be, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time.
3. If the consumer does not install the updates provided pursuant to subsection 2 within a reasonable time, the seller is not liable for any lack of conformity resulting solely from the lack of the relevant update, provided that
(a) the seller has informed the consumer of the availability of the upgrade and the consequences of the consumer not installing it; and
(b) the failure, or incorrect installation, of the update by the consumer is not due to deficiencies in the installation instructions provided by the seller to the consumer.
4. There is no lack of conformity within the meaning of Article 129(3) and Article 130(2) if, at the time of conclusion of the sales contract, the consumer was specifically informed that a particular characteristic of the goods deviated from the objective conformity requirements laid down in those provisions and the consumer expressly and separately accepted that deviation at the time of conclusion of the sales contract.
Article 131
Incorrect installation of goods
1. Any lack of conformity resulting from the incorrect installation of the goods shall be deemed a lack of conformity of the goods if:
(a) the installation is provided for in the sales contract and has been performed by the seller or under the seller's responsibility; or
(b) the installation, to be performed at the consumer's expense, was carried out by the consumer and the incorrect installation was due to deficiencies in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or the supplier of the digital content or the digital service.
Article 132
Third Party Rights
1. The remedies provided for in Article 135-bis extend to cases of prevention or limitation of use of the goods sold in accordance with the provisions of Articles 129 and 130, resulting from a restriction arising from the infringement of third party rights, in particular intellectual property rights, without prejudice to other provisions of the legal system regarding nullity, avoidance or other termination of the contract.
Article 133
Seller's liability
1. The seller is liable to the consumer for any lack of conformity which exists at the time of the delivery of the goods performed in accordance with Article 61 and which becomes apparent within two years from that time. Notwithstanding the provisions of Article 130(2), this paragraph also applies to goods with digital elements.
2. In the case of goods with digital elements, where the contract of sale provides for continuous supply of the digital content or the digital service for a period of time, the seller is also liable for any lack of conformity of the digital content or the digital service which occurs or becomes apparent within two years from the time of delivery of the goods with digital elements. If the contract provides for continuous delivery for more than two years, the seller is liable for any lack of conformity of the digital content or the digital service that occurs or becomes apparent during the period of time during which the digital content or the digital service is to be delivered under the sales contract.
3. Claims for defects not fraudulently concealed by the seller shall in any event be time-barred within twenty-six months after delivery of the goods; however, the consumer who is sued for performance of the contract may always assert the rights under Article 135-bis.
4. In the case of second-hand goods the parties may limit the duration of the liability under para. (1) and (2) and the limitation period under para. (3) to a period of time of not less than one year.
Article 134
Right of recourse
1. Where the final seller is liable to the consumer because of a lack of conformity attributable to an act or omission by a person in the preceding stages of the same chain of distribution contracts, including the failure to provide updates for goods with digital elements in accordance with Article 130(2), the final seller shall have a right of recourse against the person or persons responsible in the chain of transactions.
2. A final seller who has complied with the remedies exercised by the consumer may, within one year of the performance, bring an action in recourse against the person or persons liable for the performance in order to recover the sums provided.
Article 135
Burden of proof
1. Unless proved otherwise, any lack of conformity which becomes apparent within one year from the time the goods were delivered shall be presumed to have existed at that time, unless this is incompatible with the nature of the goods or the nature of the lack of conformity. This para. also applies to goods with digital elements.
2. In the case of goods with digital elements for which the contract of sale provides for the continuous supply of the digital content or digital service for a period of time, the burden of proof as to whether the digital content or digital service was in conformity within the period of time referred to in Article 133(2) rests on the seller for any lack of conformity which becomes apparent within the period of time referred to in that article.
Article 135-bis
Remedies
1. In the event of a lack of conformity of the goods, the consumer shall be entitled to have the conformity of the goods restored, or to receive a proportional reduction in the price, or to have the contract rescinded on the basis of the conditions set out in the following subparagraphs.
2. For the purpose of remedying the lack of conformity of the goods, the consumer may choose between repair and replacement, provided that the remedy chosen is not impossible or, compared with the alternative remedy, does not impose disproportionate costs on the seller, having regard to all the circumstances and in particular to the following:
(a) the value that the goods would have in the absence of the lack of conformity;
(b) the extent of the lack of conformity; and
(c) the possibility of pursuing the alternative remedy without significant inconvenience to the consumer.
3. The seller may refuse to perform the repair or replacement in conformity with the contract if the repair or replacement is impossible or if the costs to be borne by the seller are disproportionate, taking into account all the circumstances, including those set out in para.)
4. The consumer is entitled to a proportional reduction of the price or to termination of the sales contract pursuant to Article 135-quater in the event that
(a) the seller has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, pursuant to Article 135-ter (1), (2) and (3), or has refused to bring the goods into conformity pursuant to subsection 3;
(b) a lack of conformity becomes apparent despite the seller's attempt to restore the conformity of the goods;
(c) the lack of conformity is so serious as to justify an immediate reduction in price or termination of the contract of sale; or
(d) the seller has stated or it is clear from the circumstances that he will not restore the goods to conformity within a reasonable time or without significant inconvenience to the consumer.
5. The consumer is not entitled to avoid the contract if the defect in conformity is only slight. The burden of proof of the minor defect is on the seller.
6. The consumer may refuse to perform any part of the price until the seller has performed its obligations under this Chapter. The provisions of the Civil Code governing the non-performance defence and the contributory negligence of the consumer remain unaffected.
Article 135b
Repair or replacement
1. Repair or replacement is carried out:
(a) without charge;
(b) within a reasonable time after the seller has been informed by the consumer of the lack of conformity; and
(c) without significant inconvenience to the consumer, having regard to the nature of the goods and the purpose for which the consumer wanted the goods.
2. If the lack of conformity is to be remedied by repair or replacement of the goods, the consumer must make them available to the seller. The seller takes back the replaced goods at its own expense.
3. Where the repair requires the removal of the good installed in a manner consistent with the nature and purpose of the good before the lack of conformity became apparent, or where it proves necessary to replace the good, the obligation to repair or replace the good includes the removal of the non-conforming good and the installation of the replacement or repaired good, or the obligation to bear the costs of removal or installation.
4. The consumer is not obliged to pay for the normal use of the replaced good in the period preceding the replacement.
Article 135c
Price Reduction and Termination of Contract
1. The price reduction is proportional to the decrease in value of the good received by the consumer compared to the value it would have had if it had been in conformity.
2. The consumer exercises the right to terminate the sales contract by means of a declaration addressed to the seller containing a manifestation of willingness to terminate the sales contract.
3. If the lack of conformity relates only to some of the goods delivered under the sales contract and there is a ground for rescission of the sales contract within the meaning of Article 135-bis, the consumer may rescind the contract only in respect of the non-conforming goods and the goods purchased together with the non-conforming goods, if it cannot reasonably be presumed that the consumer has an interest in keeping the goods free from the defects at his disposal.
4. If the consumer rescinds the sales contract in its entirety or, in accordance with para. (3), only with respect to some of the goods delivered under the sales contract:
(a) the consumer returns the goods to the seller, at the seller's expense, and
(b) the seller reimburses the consumer for the price paid for the goods upon receipt of the goods or of evidence provided by the consumer that he has returned or dispatched the goods.
Article 135-quinquies
Conventional guarantees
1. A contractual guarantee binds the person offering it in the manner set out in the guarantee statement itself and in the relevant advertising available at or before the conclusion of the contract. Under the conditions set out in this Article and without prejudice to any other applicable provisions of Union or national law, when a producer offers a consumer a guarantee
conventional warranty concerning the durability of certain goods over a specified period of time, the producer is directly liable to the consumer during the entire duration of the warranty for the repair or replacement of the goods in accordance with Article 135b. In the conventional durability guarantee statement, the producer may offer the consumer more favourable conditions. If the conditions set out in the conventional warranty statement are less favourable to the consumer than the conditions set out in the associated advertising, the conventional warranty shall bind the consumer in accordance with the conditions set out in the advertising relating to the conventional warranty, unless the associated advertising has been corrected prior to the conclusion of the contract in the same or a similar manner as it was made.
2. The conventional warranty statement is provided to the consumer on a durable medium at the latest upon delivery of the goods. The statement of the contractual guarantee shall be drafted in plain and intelligible language. It shall include the following elements:
(a) a clear statement that the consumer has legal remedies for lack of conformity against the seller free of charge and that those remedies are not affected by the contractual warranty;
(b) name and address of the guarantor;
(c) the procedure to be followed by the consumer
to enforce the conventional guarantee;
(d) the designation of the goods to which the contractual guarantee applies; and
(e) the conditions of the contractual guarantee.
3. Theanzia must be written in the Italian language with characters that are no less identical than those of any other language.
4. The failure to comply with the provisions of paragraph 2 does not affect the binding effect of the guarantor's conventional guarantee.
Article 135-sexies
Imperative nature of the provisions
1. Unless otherwise provided in this Chapter, any agreement, prior to the communication of the lack of conformity to the seller, intended to exclude or limit to the detriment of the consumer, even indirectly, the rights conferred by this Chapter, shall be null and void. The nullity may be invoked only by the consumer and may be raised by the court of its own motion.
2. The seller may always offer the consumer contractual terms and conditions of greater protection than the provisions of this Chapter.
3. Any contract term which, by providing for the applicability to the contract of the law of a State which is not a member of the European Union, has the effect of depriving the consumer of the protection afforded by this Chapter, where the contract has a close connection with the territory of a Member State of the European Union, shall be null and void.
Article 135 -septies
Protection under other provisions
1. The provisions of the Civil Code concerning the formation, validity and enforceability of contracts, including the consequences of termination of the contract and the right to damages, apply to all matters not provided for in this Chapter.
2. No other provisions having the effect of affording the consumer a different level of protection shall apply to the matters governed by this Chapter.".
2. In Article 3(1)(d) of Legislative Decree No 206 of 2005, the words "and in Article 115(2a)," are replaced by the following: "in Article 115(2a) and in Article 128(2)(d),".
CHAPTER I - bis
Of contracts for the provision of digital content and services
Article 135-octies
Scope and Definitions
1. This Chapter governs certain aspects of contracts for the supply of digital content or digital services concluded between a consumer and a trader, including the conformity of the digital content or digital service with the contract, remedies in case of lack of conformity with the contract or non-delivery, the manner of exercising them, and the modification of the digital content or digital service.
2. For the purposes of this position, this means:
(a) digital content: data produced and supplied in digital format; (b) digital service:
1) a service enabling the consumer to create, transform, store or access data in digital form;
or
2) a service enabling the sharing of data in digital format, uploaded or created by the consumer and other users of that service, or any other interaction with such data;
(c) goods with digital elements: any tangible movable property which incorporates or is interconnected with digital content or a digital service in such a way that the absence of such digital content or digital service would prevent the performance of the functions of the goods;
(d) integration: the linking of digital content or digital service with the components of the consumer's digital environment and the embedding into those components so that the digital content or digital service is used in compliance with the conformity requirements of this Chapter;
(e) 'trader' means any natural or legal person, regardless of whether that person is a public or private entity, or an intermediary thereof, acting for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Chapter, including a platform provider when acting for purposes relating to its business and as counterparty to the consumer's contract for the supply of digital content or digital services;
(f) consumer: the natural person referred to in Article 3(1)(a);
(g) price: the sum of money or a digital representation of value due as consideration for the supply of digital content or a digital service;
(h) 'personal data' means personal data as defined in Article 4(1) of Regulation (EU) 2016/679; (i) 'digital environment' means the hardware, software and network connections that the consumer uses to access or use digital content or the digital service;
(j) compatibility: the ability of digital content or digital service to work with hardware or software with which digital content or digital services of the same type are normally used, without the need to convert the digital content or digital service;
(k) functionality: the ability of digital content or a digital service to perform all its functions in view of its purpose;
(l) interoperability means the ability of digital content or digital service to work with hardware or software other than those with which digital content or digital services of the same type are normally used;
(m) durable medium: any instrument enabling the consumer or trader to store information that is
personally addressed, in such a way that they can be accessed in the future for a period of time appropriate to the purposes for which they are intended and that allows for identical reproduction of the information stored.
3. The provisions of this Chapter apply to any contract in which the trader provides, or undertakes to provide, digital content or a digital service to the consumer and the consumer pays a price or undertakes to pay a price.
4. The provisions of this Chapter also apply where the trader provides or is required to provide digital content or a digital service to the consumer and the consumer provides or is required to provide personal data to the trader, except where the personal data provided by the consumer are processed exclusively by the trader for the purposes of
5. provision of the digital content or digital service in accordance with this Chapter or to enable the performance of legal obligations to which the trader is subject and the trader does not process such data for purposes other than those intended.
6. The provisions of this Chapter also apply if the digital content or digital service is developed according to the consumer's specific instructions.
7. Without prejudice to Articles 135k(1) and (2) and 135f, the provisions of this Chapter shall also apply to the tangible medium acting solely as carrier of digital content.
Article 135-novies
Exclusions
1. The provisions of this Chapter shall not apply to digital content or digital services which are embedded in or interconnected with goods referred to in point (c) of paragraph 2 of Article 135-octies and which are provided with the goods pursuant to a contract of sale relating to those goods, irrespective of whether that digital content or digital service is provided by the seller or a third party. Where it is doubtful that the supply of the embedded or related digital content or embedded or related digital service forms part of the contract of sale, it is
presumes that the digital content or the embedded or interconnected digital service is part of the contract of sale of the goods.
2. The provisions of this Chapter do not apply to contracts concerning:
(a) the provision of services other than digital services, regardless of whether the trader
whether or not it uses digital forms or means to obtain the result of the service or deliver it or transmit it to the consumer;
(b) electronic communications services within the meaning of Article 2(4) of Directive (EU) 2018/1972 with the exception of interpersonal communications services without numbering within the meaning of Article 2(7) of that Directive;
(c) healthcare services, for services provided by healthcare professionals to patients to assess, maintain or restore their state of health, including the prescription, administration and supply of medicines and medical devices, whether or not provided through healthcare facilities;
(d) gambling services, i.e. services involving a stake of pecuniary value in games of chance, including those with an element of skill, such as lotteries, casino games of chance, poker and betting, which are provided by electronic means or any other technology that facilitates
communications and at the individual request of a recipient of such services;
(e) financial services, i.e. any banking, credit, insurance, services
individual pension, investment or payment schemes;
(f) software offered by the trader on the basis of a free and open licence, where the consumer does not
corresponds to a price and the personal data provided by the consumer are processed exclusively by the trader for the purpose of improving the security, compatibility or interoperability of the specific software; g) the supply of digital content where the digital content is made available to the public by means other than the transmission of a signal as part of a performance or event, such as the
digital cinema projections;
(h) digital content provided by public sector bodies, in accordance with Directive 2019/1024 of the European Parliament
and the Council on the re-use of public sector information.
3. Notwithstanding para. (1), where an individual contract between a trader and a consumer
includes in a single package elements of supply of digital content or a digital service and elements relating to the supply of other goods or services, the provisions of this Chapter shall apply
only to those elements of the contract that concern the digital content or the digital service. Article 135-vs. semel does not apply if a
package of services or services and equipment covered by the European Electronic Communications Code includes elements:
(a) a publicly available electronic communications service that provides access to the Internet, i.e. connectivity to virtually all Internet endpoints, irrespective of the network technology and terminal equipment used;
(b) or of an interpersonal communications service that connects to or enables communication with one or more publicly assigned numbering resources, i.e. one or more numbers in a national or international numbering plan.
4. If the consumer has the right to terminate any element of the package referred to in paragraph 3 before the agreed contractual termination date for reasons of non-compliance with the contract or non-delivery, the consumer is entitled to terminate the contract in respect of all elements of the package.
5. In the event of a conflict between the provisions of this Chapter and a provision of another Union act governing a specific area or subject-matter, the provision of that other Union act and the national provisions transposing it shall prevail over the provisions of this Chapter.
6. The national provisions and those of Union law on the protection of personal data, in particular the provisions of Regulation (EU) 2016/679, as well as Legislative Decree No 101 of 10 August 2018 and Legislative Decree No 196 of 30 June 2003, shall apply to any personal data processed
in relation to contracts referred to in Article 135-octies, paragraph 3. In the event of a conflict between the provisions of this Chapter and those of Union law on the protection of personal data, the latter shall prevail.
7. The provisions of this Chapter shall be without prejudice to Union and national law on copyright and related rights.
Article 135-decies
Provision of digital content or service and compliance with the contract
1. The trader provides the digital content or digital service to the consumer. Unless otherwise agreed by the parties, the trader provides the digital content or digital service to the consumer without undue delay after the conclusion of the contract.
2. The trader has fulfilled its obligation to supply when:
(a) digital content or any suitable means for accessing or downloading digital content is made available or accessible to the consumer, or to the physical or virtual facility chosen for that purpose
by the consumer;
(b) the digital service is made accessible to the consumer or to a physical or virtual facility chosen for that purpose by the consumer.
3. The trader shall supply to the consumer goods which satisfy the requirements set out in paragraphs 4 and 5 and those set out in Articles 135j and 135k, mutatis mutandis, without prejudice to the provisions of Article 135k.
4. To be in conformity with the contract, the digital content or digital service must meet the following subjective requirements, where relevant:
(a) correspond to the description, quantity and quality foreseen in the contract and present functionality, compatibility, interoperability and other characteristics foreseen in the contract;
(b) be fit for any particular purpose intended by the consumer and which was brought to the knowledge of the trader by him at the latest at the time of the conclusion of the contract and which the trader has accepted;
(c) be supplied with all accessories, instructions, including on installation and customer service, as stipulated in the contract; and
(d) be updated as provided for in the contract.
5. In addition to complying with the subjective conformity requirements, the goods must meet the following objective requirements, where relevant:
(a) be appropriate for the purposes for which digital content or a digital service of the same type would normally be used, taking into account, where applicable, Union and national law; and
existing technical standards or, in the absence of such technical standards, applicable industry-specific codes of conduct;
(b) be of the quantity and present the quality and performance characteristics, including with regard to functionality, compatibility, accessibility, continuity and security, that are customarily found in digital content or digital services of the same type and that the consumer can reasonably expect, taking into account the nature of the digital content or the digital service, taking into account any public statements made by or on behalf of the trader or other entities in the context of previous steps in the distribution contractual chain, especially in advertisements and labelling, unless the trader demonstrates, even in the alternative, that:
1) was not aware and could not reasonably have been aware of the public statement in question;
(2) at the time the contract was concluded, the public declaration had been corrected in the same or a comparable manner as when it was made; or
3) the decision to purchase the digital content or the digital service could not be influenced by the public declaration;
(c) where relevant, be provided with any accessories and instructions that the consumer may reasonably expect to receive; and
(d) comply with any trial or preview version of the digital content or digital service made available by the trader prior to the conclusion of the contract.
Article 135-undecies
Obligations of the Professional and Conduct of the Consumer
1. The trader is obliged to keep the consumer informed of available updates, including security updates, necessary to maintain the conformity of the digital content or the digital service, and to provide them to the consumer during the period of time:
(a) during which the digital content or service is to be provided in accordance with the contract, if the contract provides for continuous provision over a specified period of time; or
(b) which the consumer may reasonably expect, given the nature and purpose of the digital content or digital service and having regard to the circumstances and the nature of the contract, if it involves a single act of supply or a series of individual acts of supply.
2. If the consumer does not install within a reasonable time the updates provided by the trader in accordance with para. (1), the trader shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that
(a) the trader has informed the consumer of the availability of the update and the consequences of the consumer not installing it; and
(b) the non-installation or incorrect installation of the update by the consumer is not due to deficiencies in the installation instructions provided by the trader.
3. Where the contract provides that the digital content or digital service is to be supplied continuously for a specified period of time, the obligation to ensure the conformity of the digital content or digital service continues for the entire duration of that period.
4. There is no lack of conformity within the meaning of subsection 1 or section 135-decies, subsection 5, if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the digital content or the digital service deviated from the objective conformity requirements laid down in those provisions and the consumer expressly and separately accepted that deviation at the time of the conclusion of the contract.
5. Unless otherwise agreed between the parties, the digital content or service is provided in the latest version available at the time of the conclusion of the contract.
Article 135-duodecies
Incorrect integration of digital content or digital service
1. Any lack of conformity resulting from the incorrect integration of the digital content or digital service into the consumer's digital environment is to be regarded as a lack of conformity of the digital content or digital service if:
(a) the digital content or service has been integrated by the trader or under his responsibility; or
(b) the digital content or digital service required integration by the consumer and the incorrect integration is due to a deficiency in the integration instructions provided by the trader.
Article 135-terdecies
Third Party Rights
1. The remedies set forth in Article 135-ociesd extend to cases of prevention or limitation of use of the digital content or service in accordance with the provisions of Article 135-decies, paragraphs 4 and 5, resulting from a restriction deriving from the infringement of third party rights, in particular intellectual property rights, without prejudice to other provisions of the legal system on nullity, annulment or other termination of the contract.
Article 135m
Professional liability
1. The trader is liable for the failure to provide digital content or the digital service in accordance with Article 135-d(1) and (2).
2. Where a contract provides for a single act of supply or a series of individual acts of supply, the trader shall be liable for any lack of conformity within the meaning of Article 135k(4) and (5), 135-undecies, 135k and 135-quinindecies existing at the time of the supply, without prejudice to Article 135-undecies (1)(b).
3. The trader is only liable for defects of conformity which become apparent within two years from the time of delivery, subject to Article 135-undecies (1) (b).
4. An action for defects existing at the time of delivery and not wilfully concealed by the seller shall be barred in any event within twenty-six months from that time if they become apparent within that period.
5. Where the contract provides for continuous supply over a period of time, the trader shall be liable for a lack of conformity in accordance with Articles 135-d(4) and (5), 135-undecies and 135k if the lack of conformity becomes apparent or becomes apparent during the period of time during which the digital content or the digital service is to be supplied in accordance with the contract.
6. An action for defects which have become apparent in the course of the supply and which have not been fraudulently concealed by the professional shall in any event be time-barred within twenty-six months after the last act of supply.
Article 135m
Right of recourse
1. Where the trader is liable to the consumer because of the non-delivery of digital content or a digital service or because of the existence of a lack of conformity attributable to an act or omission by a person in the preceding stages of the same chain of distribution, the trader has a right of recourse against the person or persons responsible in that chain of distribution.
2. The trader who has complied with the remedies exercised by the consumer may, within one year after the performance of the service, bring an action in recourse against the person or persons liable in order to obtain the reinstatement of what has been provided.
Article 135-sexiesdecies
Burden of proof
1. The burden of proof as to whether digital content or the digital service has been provided in accordance with Article 135-decies, paragraphs 1 and 2, is on the trader.
2. In the cases referred to in Article 135m(2), the burden of proof of the conformity of the digital content or the digital service with the contract at the time of delivery shall be on the trader for a lack of conformity that becomes apparent within a period of one year from the time the digital content or the digital service was supplied.
3. In the cases referred to in Article 135m(5), the burden of proving the conformity of the digital content or the digital service with the contract during the period of time in which the supply takes place is on the trader for a lack of conformity that becomes apparent within that period.
4. Paragraphs 2 and 3 do not apply if the trader demonstrates that the consumer's digital environment is not compatible with the technical requirements of the digital content or the digital service and has informed the consumer of those requirements in a clear and comprehensible manner prior to the conclusion of the contract.
5. The consumer shall cooperate with the trader to the extent reasonably possible and necessary to ascertain whether the cause of the lack of conformity of the digital content or the digital service at the time specified in Article 135m (2) or (5), as the case may be, lies in the consumer's digital environment. The duty to cooperate is limited to the technically available means that are least intrusive for the consumer. If the consumer does not co-operate, and if the trader has informed the consumer of the requirements inherent in the necessary digital environment in a clear and comprehensible manner prior to the conclusion of the contract, the burden of proof as to the existence of the lack of conformity at the time referred to in Article 135m (2) and (5) shall be on the consumer.
Article 135-septiesd
Remedy for non-delivery
1. Where the trader has failed to provide the digital content or the digital service in accordance with Article 135k(1) and (2), the consumer shall request the trader to provide the digital content or the digital service. If the trader again fails to provide the digital content or digital service within a reasonable period of time or within a further period expressly agreed by the parties, the consumer shall be entitled to terminate the contract.
2. Paragraph 1 does not apply and the consumer has the right to terminate the contract immediately if:
(a) the trader has stated, or it is equally clear from the circumstances, that it will not provide the digital content or digital service;
(b) the consumer and the trader have agreed, or it is apparent from the circumstances surrounding the conclusion of the contract, that a specific time for delivery is essential to the consumer and the trader fails to supply the digital content or digital service at or before that time.
3. If the consumer terminates the contract pursuant to paragraphs 1 and 2, the provisions of Articles 135-noviesdecies to 135-vs shall apply.
Article 135-octiesdecies
Remedies for lack of conformity
1. In the event of a lack of conformity of the goods, the consumer shall be entitled to have the goods brought into conformity, or to receive an appropriate reduction in the price, or to have the contract rescinded on the basis of the conditions set out in this article.
2. The consumer is entitled to the restoration of the conformity of the digital content or the digital service unless this is impossible or would impose costs on the trader that would be disproportionate, taking into account all the circumstances of the case and in particular the following:
(a) the value that the digital content or digital service would have in the absence of the lack of conformity; and
(b) the extent of the lack of conformity.
3. The trader shall make the digital content or digital service compliant pursuant to subsection 2, no later than
a reasonable period of time from the time when he was informed by the consumer about the lack of conformity, without cost and without significant inconvenience to the consumer, taking into account the nature of the digital content or the digital service and the use the consumer intended to make of it.
4. The consumer is entitled to a proportional reduction of the price in accordance with subsection (5) if the digital content or the digital service is provided in exchange for the payment of a price, or to termination of the contract in accordance with subsection (6), in any of the following cases
(a) the remedy of restoration of the conformity of the digital content or the digital service is impossible or disproportionate within the meaning of subsection (2);
(b) the trader has not restored the digital content or digital service to conformity pursuant to subsection (3);
(c) a lack of conformity becomes apparent despite the trader's attempt to restore the conformity of the digital content or digital service;
(d) the lack of conformity is so serious as to justify an immediate reduction in price or termination of the contract; or
(e) the trader has stated, or it is equally clear from the circumstances, that he will not restore the conformity of the digital content or the digital service within a reasonable time or without significant inconvenience to the consumer.
5. The price reduction is in proportion to the diminished value of the digital content or digital service provided to the consumer compared to the value it would have had if it had complied. Where the contract provides that the digital content or digital service is to be supplied for a specified period of time in exchange for the payment of a price, the price reduction applies to the period of time during which the digital content or digital service was not compliant.
6. Where digital content or a digital service has been supplied in exchange for the payment of a price, the consumer is not entitled to terminate the contract if the lack of conformity is minor. The burden of proof that the lack of conformity is minor is on the trader.
Article 135n
Termination of contract
1. The consumer exercises the right to terminate the contract by making a declaration to the seller that he wishes to terminate the contract.
2. In the case of termination of the contract the trader refunds to the consumer all sums paid under the contract. However, where the contract provides for the supply of the digital content or digital service in exchange for the payment of a price and for a period of time, and the digital content or digital service has been in conformity for a period of time before the termination of the contract, the trader reimburses the consumer only that part of the amount paid corresponding to the period of time during which the digital content or digital service was not in conformity and any part of the price paid in advance by the consumer relating to the period of time remaining if the contract had not been terminated.
3. With regard to the consumer's personal data, the trader is bound to comply with the obligations arising from Regulation (EU) 2016/679 as well as Legislative Decree No. 101 of 2018.
4. The trader shall refrain from using any content other than personal data which has been provided or created by the consumer in the context of the use of the digital content or digital service provided by the trader, except where such content:
(a) is of no use outside the context of the digital content or digital service provided by the trader;
(b) refers only to the consumer's activity in using the digital content or digital service provided by the trader;
(c) has been aggregated by the trader with other data and cannot be disaggregated or otherwise not without disproportionate effort; or
d) has been jointly generated by the consumer and other persons, and other consumers can continue to use the content.
5. With the exception of the situations referred to in points (a), (b) or (c) of paragraph 4, the trader makes available to the consumer, at the consumer's request, content other than personal data which has been provided or created by the consumer in the course of the use of digital content or the digital service provided by the trader. The consumer shall have the right to recover from the trader such digital content free of charge and without hindrance, within a reasonable period of time and in a commonly used and machine-readable format.
6. The trader may prevent any further use of the digital content or the digital service by the consumer, in particular by making the digital content or the digital service inaccessible to the consumer or by deactivating the consumer's user account, without prejudice to subsection (5).
7. Following termination of the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.
8. Where the digital content has been supplied on a tangible medium, the consumer returns it to the trader, at the latter's request and expense, without undue delay. If the trader decides to request the return of the tangible medium, the trader shall submit the request within fourteen days
from the day on which the trader was informed of the consumer's decision to terminate the contract.
9. The consumer is not obliged to pay for the use of the digital content or the digital service during the period before the termination of the contract during which the digital content or the digital service was not in conformity.
Article 135v
Refund to the consumer
1. Any reimbursement owed to the consumer by the trader under Article 135-octiesdecies(4) and (5) or Article 135-noviesdecies(2) due to a price reduction or termination of the contract shall be made without unjustified delay and, in any event, no later than fourteen days from the day on which the trader is informed of the consumer's decision to exercise the consumer's right to a price reduction or his right to terminate the contract.
2. The trader shall make the refund using the same means of payment as was used by the consumer to pay for the digital content or digital service, unless the consumer expressly consents to the use of another means and does not incur any expenses related to the refund.
3. The trader shall not charge the consumer any fees in connection with the refund.
Article 135-vs semel
Modification of digital content or digital service
1. Where the contract provides that the digital content or the digital service is to be supplied or made accessible to the consumer for a certain period of time, the trader may modify the digital content or the digital service beyond what is necessary to maintain the conformity of the digital content or the digital service in accordance with Article 135-d(4) and (5) and Article 135-undecies, if the following conditions are met:
(a) the contract permits such a change and provides a valid reason for it;
(b) such a change is made at no additional cost to the consumer;
(c) the consumer is informed in a clear and comprehensible manner of the change; and
(d) in the cases referred to in subparagraph 2, the consumer is informed, with reasonable notice on a medium
durable medium, how and when the change is made, and as to its right to terminate the contract in accordance with para. 2 or as to the possibility of maintaining the digital content or the digital service without such a change in accordance with para. 4.
2. The consumer has a right to terminate the contract where such modification adversely affects the use of or access to the digital content or digital service by the consumer, unless those negative consequences are negligible. In this case, the consumer shall be entitled to terminate the contract free of charge within a period of thirty days from the date of receipt of the information or from the time at which the digital content or the digital service was changed by the trader, whichever is the later.
3. If the consumer withdraws from the contract in accordance with paragraph 2 of this Article, Articles 135-ninth and 135-v. shall apply.
4. Paragraphs (2) and (3) of this Article do not apply if the trader has allowed the consumer to keep the digital content or digital service without modification and if the conformity of the digital content or digital service is preserved.
Article 135va
Imperative nature of the provisions
1. (1) Where the trader is not bound by this Chapter, the trader is not bound by this Chapter if the trader has not notified the trader of the lack of conformity or the trader has informed the consumer of the alteration of the digital content or the digital service in such a way as to exclude or limit to the detriment of the consumer, even indirectly, the rights conferred by this Chapter. The nullity may only be invoked by the consumer and may be raised ex officio by the court.
2. The trader may always offer the consumer contractual terms and conditions of greater protection than the provisions of this Chapter.
3. Any contract term which, by providing for the applicability to the contract of the law of a State outside the European Union, has the effect of depriving the consumer of the protection afforded by this Chapter where the contract has a close connection with the territory of a Member State of the European Union shall be null and void.
Article 135 -vs ter
Protection under other provisions
1. For all matters not provided for in this Chapter, the provisions of the Civil Code concerning the formation, validity and enforceability of contracts, including the consequences of termination of the contract and the right to damages, shall apply.
2. No other provisions having the effect of affording the consumer a different level of protection shall apply to the matters governed by this Chapter.'.
