Conformity of the Goods, Digital Content or Digital Services
The goods and digital content or services provided by the seller to the buyer must conform with the contract. To conform with the contract, the goods, digital content or service shall, in particular, where applicable:
be of the description, type, quantity, quality, and possess the functionality, compatibility, interoperability and other features as required by the contract;
be fit for any particular purpose for which the buyer requires it and which the buyer made known to the seller at the latest at the time of the conclusion of the contract, and in respect of which the seller has given its acceptance;
be supplied with all accessories, installation guides and other instructions required by the contract, and for digital content or services, customer support is offered in accordance with the contract;
be updated as stipulated by the contract.
The goods, digital content or service must also fulfill the following general requirements:
The goods, digital content or service must be fit for the purposes for which goods, digital content or service of the same type would normally be used, considering the applicable legislation, technical standards or in their absence, sector specific industry codes of conduct.
The quality and characteristics of the goods must correspond with the sample or model the seller has presented to the buyer before the conclusion of the contract. Digital content or service must correspond to the test versions or pre-displays the seller has presented to the buyer before the conclusion of the contract.
Accessories, packaging, installation guide, instructions for use and other instructions that the buyer may reasonably expect to receive must be provided along with the goods. Regarding the digital content or service, the necessary accessories and instructions that the buyer may reasonably expect to receive must be provided.
Be of the quantity and possess the qualities and performance features, including in relation to functionality, compatibility, accessibility, continuity, and security, normal for the goods, digital content or services of the same type and which the buyer may reasonably expect,
If not otherwise agreed, digital content or service must correspond to the latest version available at the conclusion of the contract. In case the goods, or digital content or service do not conform to what has been stated above, they are deemed to be defective.
The goods are also defective if incorrect installation makes them differ from what has been mentioned above, and the installation:
has been included in the contract concerning the sale and it has been made by the seller or someone commissioned by the seller; or
has been the buyer´s responsibility and the buyer´s incorrect installation has resulted from lacks in the installation guide provided by the seller or provider of digital content or service.
In case of sale of good containing digital elements or digital content or services, whenever the seller has not provided the necessary safety updates and other updates required by the law to the buyer, there is a defect. Incorrect integration may also lead to the digital content or services being defective.
There is a defect also when a third party has a proprietary right, right of lien or other right to the goods or medium used as a carrier of digital content or service and the contract does not specify that buyer should receive the goods or medium along with these restricting third party rights (defect in title).