The seller’s liability for actual defects and lack of agreed properties is specifically regulated by the provisions of articles 534 et seq. As they were amended by Law 3043/2002 in order to adapt Greek law to the Community Directive 1999/44 / EC on consumer goods.
The responsibility of the seller for the existence of defects or for lack of agreed properties in the object sold is
objective, ie independent of the seller’s fault. Conditions for establishing the seller’s liability for the existence of defects or lack of agreed properties are:
- α. the existence of a valid sales contract
- β. non-response of the item sold to the contract
Basically non-response to the contract will occur when the thing has actual defects or does not have the agreed properties for which the parties have agreed
explicitly or when we have a faulty installation of the item being sold by the seller. The rights of the buyer under Article AK 540 in case of a real defect or lack of contracted status
which flow selectively in his favor, ie the realization of the legal remedy chosen by the buyer precludes the exercise of the rest:
a. Correction or replacement of the thing (no charge
buyer and within a reasonable time)
b. Price reduction (if you paid it looks for the amount of the reduction
according to article 904 of the Civil Code, if he did not pay it, he is exempted in its amount
reduction from the originally agreed price)
c. Right of withdrawal from the contract of sale with which
the sale disappears and a mutual obligation is created
parties for reimbursement of benefits under Article 904 of the Civil Code
d. Right to compensation (AK 543)
which the buyer can exercise: 1. instead of the above
rights, in case he refuses to receive the defective one
thing and claim compensation for non-performance or if he receives it
and seek compensation for damage due to the defect or
in the absence of the thing and 2. Cumulatively with the above
rights of AK 540, for the damage not covered by
exercise them.