“contract,” an agreement to create obligations or other legal effects; 2. In the relationship between a professional and a consumer, the agreement on the application of the Common European Sales Law is valid only if the consumer`s consent is given by an express statement separate from the declaration that gives the agreement to conclude a contract and if the conditions set out in Article 9 are met. The professional must provide the consumer with confirmation of this agreement on a sustainable support. [Am. 71] 4. A remote telephone contract is only valid if the consumer has signed the offer or given written consent to the conclusion of a contract. The professional must provide the consumer with confirmation of this agreement on a sustainable support. The risk is transferred to the buyer only when the goods or digital content are clearly identified as the digital goods or content to be delivered under the contract, whether by the initial agreement, notification to the purchaser or by any other means. As soon as there is a valid agreement on the application of the Common European Sales Law, only the Common European Sales Law should settle the issues within its scope.
Since the common European sales law contains a comprehensive set of harmonised consumer protection rules, there will be no differences between Member States` legislation in this area where the parties have opted for the application of the European common law of sales. Therefore, Article 6, paragraph 2 of Regulation (EC) 593/2008, which is based on the existence of different levels of consumer protection in the Member States, is of no practical importance for the relevance of the issues covered by the Common European Sales Law, as it would amount to a comparison between the mandatory provisions of two identical secondary contract schemes. [Am. 6] 6. In determining whether a contract is a cross-border contract, the relevant date of the agreement on the application of the European common law of sale is decisive. These rules only apply if you agree that the treaty should be subject to the common European law of sale. The Common European Sales Law should not cover related contracts with which the buyer acquires property from a third party or which is provided by a service. This would not be appropriate, since the third party is not part of the agreement reached between the parties to apply the rules of the Common European Law of Sale.
A contract associated with a third party should be governed by applicable national law in accordance with Regulations (EC) No. 593/2008 and (EC) No. 864/2007 or any other applicable conflict of law rule. 1. Where the parties have effectively agreed to apply the common European law of the sale to a contract, only the common European law of sale governs the materials covered by its provisions. If, instead of the contractual regulation that would actually be concluded in the absence of such an agreement, the European common law of sale also regulates compliance and remedy in the event of non-compliance with the pre-contract information contract in the law defined as applicable. [Am. 73] The agreement on the application of the Common European Sale Law should be a choice exercised within the framework of the national legal order which is defined as applicable law under Regulation (EC) No. 593/2008 or, with regard to pre-contract reporting obligations, in accordance with Regulation (EC) 864/2007 of the European Parliament and the Council (4), or with regard to pre-contract conflict obligations.
The agreement on the application of the Common European Sale Law should arise from the choice between two different regimes within the same national legal order.