Belgrade, March 2011 LIENA ZEMITE, Ministry of Economics Internal Market Department Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees Case study 1 -Conformity

Article 2 of the Directive 99/44/EC The seller must deliver to the consumer goods which are in conformity with the contract (Art.2(1))

Article 2 of the Directive 99/44/EC Presumption for the conformity if the goods meet the requirements enumerated in points (a)-(d): (a) they comply with the descprition given by the seller and possess the qualities of the product which the seller has held out to the consumer as a sample of model; (b) they are fit for the purposes for which goods of the same type are normally used;

Article 2 of the Directive 99/44/EC (c) they are fit for any particular purpose for which the consumer requires them and which was made known to the seller at the same time of conclusion of the contract, and accepted by the seller; (d) their quality and performance are satisfactory, given the nature of the goods and taking into account the public statements made about them by the seller, the producer or his representative

Article 2 of the Directive 99/44/EC The lack of conformity cannot be accepted if, at the moment of conclusion of the contract of sale, the consumer knew of could reasonably have been unaware of the lack of conformity

Conformity/Situation 1 The mobile phone that you have bought on February 19, 2010 has a problem; electronics are damaged, you can hear callers, but they cannot hear you, and mobile phone unexpectedly switches off. On December 7, 2010 you return the mobile phone to the seller asking to replace it. After 2 weeks the seller informs you by letter that your mobile phone is repaired and you may recieve it.

Conformity/Situations 2 and 3 You buy a suit from a shop and it does not fit and you are not satisfied with the colour. What redress are you entitled to? You buy a bracelet that is described as 18ct gold. When you get it home you find that it is actually gold plated. What redress are you entitled to?

Conformity/Situation 4 It is Christmas soon and you plan a special Christmas dinner with your friends. You order a new dining room table to be delivered on 22nd of December. You dispose your old table the day before the new table should be delivered. When the new table ir delivered you see that there is a problem with one of the legs and the table is not stable. You refuse to accept delivery of the table, you call the seller to explain the situation and to explain that you need the table repaired or a new table before Christmas. Despite numerous efforts you do not recieve a table in time and you have to go to a restaurant.

Article 2 of the Directive 99/44/EC Installation Any lack of conformity resulting from incorrect installation of the consumer goods is deemed to be equivalent to lack of the goods if - installation forms part of the contract of sale of the goods and the goods were installed by the seller or under their responsibility; - the product, intended to be installed by the consumer, is installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.

Conformity/Situation 5 Mr Ackov has bought a new warderobe which is intended to be installed by buyer and which is accompanied with installation instruction. - Mr Ackov notices that there are lacking several parts of shelves. What are his rights? - What are his rights, in case all parts are in place, but he considers that installation instruction is not clear enough.

Conformity/Situation 6 On 31st of May Radmila bought sandals for her son. After wearing them about five times Radmila noticed that both soles are broken. On 31st of August Radmila returned sandals to the seller and made request for refund. The seller replied that the shoes do not have any manufacturing defect and refused to refund. What redress is Radmila entitled to?

Conformity/Situation 7 Mr and Mrs Gosse bought tiles and installed them of the roof of their house. The tiles appeared to be defective: they had be broken by the frost. Company which sold them agreed to give the Gosses 1, 000 free tiles. The free tiles were also defective. What redress Mr and Mrs Gosse are entitled to?

Thank you for your attention!