(a)

the proposal should not lead to shorter guarantee periods in certain Member States or the creation of a hierarchy of rights;

(b)

derogation from the mandatory effect of the directive merely by an agreement between the contracting parties should only be possible if the agreement guarantees genuine consumer protection and autonomy;

(c)

the proposal should allow consumers to initiate legal proceedings directly against the producer;

(d)

the durability requirement (stock of replacement parts) should be included in the provisions of the directive;

(e)

the proposal should include rules on extension of guarantees to cover the time a product is unavailable because it is being repaired or while a service is unavailable;

(f)

the proposal should include information on payment platform security and the joint liability of online marketplaces in the event of deception or implementation of the guarantee;

(g)

producer and seller should be jointly liable in cases where the consumer chooses to repair or replace the goods, without prejudice to the right of redress already provided for in Article 16 and of prior contacting of the seller;

(h)

the provisions concerning the fourteen-day deadline for return and refund should be made clearer.

(a)

reducing costs resulting from differences in contracts;

(b)

legal certainty for businesses;

(c)

encouraging online cross-border shopping in the EU;

(d)

reducing damages suffered with respect to defective digital content;

(e)

overall, balancing the interests of consumers and businesses and improving everyday life.

(a)

Article 2 — the introduction of the concept of ‘producer’ and clarification concerning the replacement of goods ‘free of charge’;

(b)

Article 8 — establishment of a period when lack of conformity is presumed to exist which is equal to the guarantee period, since the opposite would in practice reduce the guarantee period, given that the consumer is not able, in most cases, to prove the non-conformity of the goods;

(c)

various improvements and clarifications relating to the legal terminology used.

(a)

include rules allowing the consumer to initiate legal proceedings directly against the producer in the event of lack of conformity between the goods and the contract, as required by numerous national laws;

(b)

include the durability requirement in its provisions, as the EESC has called for on several occasions in its opinions (9);

(c)

establish a maximum time period for repair (10) in accordance with good professional practice;

(d)

require producers to maintain an adequate stock of spare parts for the average lifetime of goods, as is the case in several national laws (11);

(e)

include other guarantees offered by the seller (brand/producer/equipment insurance, etc.) for goods and services;

(f)

include in the mandatory content of the guarantee statement detailed information on whether or not cost is involved, charges and the form of payment;

(g)

specify that where ownership of the goods or service is transferred and under normal conditions of use, the rights deriving from the guarantee are also transferred in full;

(h)

provide for the direct joint and several liability of producer and seller with regard to the consumer in cases where the consumer chooses to repair or replace the goods, without prejudice to the right of redress laid down in Article 16 and of prior contacting of the seller;

(i)

provide for the joint and several liability of online platforms, while excluding mere intermediaries, where consumers have purchased goods through an online marketplace, without prejudice to the right of redress.