E-commerce, seller responsible for defects in the goods delivered

The Legislative Decree implementing directive 2019/771 on contracts for the sale of goods in stores, online or remotely, is coming, which will lead to changes in the italian Consumer Code, in order to eliminate obstacles to cross-border purchase and sale operations. Yesterday’s pre-Council of Ministers approved the draft decree on the transposition of the directive (the deadline was 1 July 2021), inserted in the European delegation law 2019-2020. The EU act establishes common minimum standards on sales contracts concluded between consumers and sellers and, in particular, on the conformity of goods with the contract, on remedies in the event of lack of conformity, on the methods of exercising these rights and on conventional guarantees. The legislative decree scheme, in line with the directive, establishes the seller’s obligation to supply updates of the digital content incorporated in an asset. Among the changes introduced, one the most importatant is the one on the seller’s responsibility in any case of lack of conformity present at the time of delivery of the goods, including those with digital elements. The action to assert the defects not maliciously concealed is prescribed in 26 months from the delivery of the goods. Changes have also been introduced to article 135 of the consumer code with a presumption for any lack of conformity that occurs within one year from the time of delivery of the goods, including those with digital elements.