Sales Contract

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Definition of "sales contract" and "service contract" within the meaning of DIRECTIVE 2011/83/EU on consumer rights.

  • Art 2(5): ""sales contract" means any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services".
  • Art. 2(6): ""service contract" means any contract other than a sales contract under which the trader supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof".
  • Recital 19: "contracts for digital content which is not supplied on a tangible medium should be classified, for the purpose of this Directive, neither as sales contracts nor as service contract".

See DIRECTIVE 2011/83/EU on consumer rights.

Definition of "sale" according to the CJEU (Oracle v. UsedSoft case).

  • "According to a commonly accepted definition, a ‘sale’ is an agreement by which a person, in return for payment, transfers to another person his rights of ownership in an item of tangible or intangible property belonging to him". A commercial transaction concerning a copy of a computer program involves the transfer of the right of ownership of the copy when the copy is made available to the customer (it makes no difference whether it is made available by means of download or by means of a material medium) and a user licence agreement for that copy is concluded which confers, in return for payment of a fee, a right to use that copy permanently, in return for payment of a fee designed to enable the copyright holder to obtain a remuneration corresponding to the economic value of the copy of the work of which it is the proprietor. See Oracle v. UsedSoft, § 42, §§ 45-47.