3 ms·

Are you sure about that? The core rule is usually that contracts are binding. In some cases they are void if exceptionally unreasonable. > While this proposal

by 8372049 2y ago

Are you sure about that? The core rule is usually that contracts are binding. In some cases they are void if exceptionally unreasonable. > While this proposal regulates certain business practices concerning repair in view of the sustainable consumption objective, >it safeguards contractual freedom< and is conducive to the freedom to conduct business (Article 16 of the Charter). The provisions under this proposal aim at boosting the repair market without creating a burden, in particular for small and medium-sized enterprises. Page 8

impossiblefork 2y ago
Well, since EULAs are straight-up invalid in Sweden, obviously it can't be done in an EULA. If it were allowed it have be part of an agreement with the company that is done before the sale, and which is an actual proper contract. Article 16 says only: Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the provision of repair services concluded before [24 months after the entry into force]. 2. Article 12 of this Directive shall not apply to sales contracts concluded before [24 months after the entry into force] So while the wording you mention, it seems to only provide a transitional provision before people get used to the law.
- 8372049 2y ago
  I hope you're right, söta bror. > since EULAs are straight-up invalid in Sweden Is there anywhere I can read more about that? I didn't find anything with a quick search. Sources in Swedish are fine. This EU source says basically the same as I do: EULAs are in principle legal, unless they're unreasonable/unfair. https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm https://europa.eu/youreurope/citizens/consumers/unfair-treat...
  - impossiblefork 2y ago
    When I say EULA, I here mean additional license term for something that are 'agreed' to after the purchase. I haven't heard of any agreements being permitted to bypass the konsumentköplag. That is, when dealing with consumers you can't get around the requirements to repair broken products etc., but entering into agreements with the consumer to that end. These new repair things will probably be in implemented within existing consumer protection frameworks, and the whole point of these things is that you can't push complicated legal agreements on people.
- 8372049 2y ago
  > Article 16 says only They are referring to Article 16 of the Charter of Fundamental Rights in the union, not this directive. https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12012P/TXT&from=EN https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...
  - impossiblefork 2y ago
    Ah, but >The freedom to conduct a business in accordance with Union law and national laws and practices is recognised. doesn't feel like it goes very far either.
    - 8372049 2y ago
      I am not a lawyer, and definitely not a EU law lawyer, but e.g. in the copyright law, it states that the right to dynamically reverse engineer a program can not be given up through agreement. I would presume that the above sentence about contractual freedom combined with that implies that you can give up the right to have something repaired through an agreement.

impossiblefork 2y ago

Well, since EULAs are straight-up invalid in Sweden, obviously it can't be done in an EULA. If it were allowed it have be part of an agreement with the company that is done before the sale, and which is an actual proper contract. Article 16 says only: Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the provision of repair services concluded before [24 months after the entry into force]. 2. Article 12 of this Directive shall not apply to sales contracts concluded before [24 months after the entry into force] So while the wording you mention, it seems to only provide a transitional provision before people get used to the law.

8372049 2y ago
I hope you're right, söta bror. > since EULAs are straight-up invalid in Sweden Is there anywhere I can read more about that? I didn't find anything with a quick search. Sources in Swedish are fine. This EU source says basically the same as I do: EULAs are in principle legal, unless they're unreasonable/unfair. https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm https://europa.eu/youreurope/citizens/consumers/unfair-treat...
- impossiblefork 2y ago
  When I say EULA, I here mean additional license term for something that are 'agreed' to after the purchase. I haven't heard of any agreements being permitted to bypass the konsumentköplag. That is, when dealing with consumers you can't get around the requirements to repair broken products etc., but entering into agreements with the consumer to that end. These new repair things will probably be in implemented within existing consumer protection frameworks, and the whole point of these things is that you can't push complicated legal agreements on people.
8372049 2y ago
> Article 16 says only They are referring to Article 16 of the Charter of Fundamental Rights in the union, not this directive. https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12012P/TXT&from=EN https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...
- impossiblefork 2y ago
  Ah, but >The freedom to conduct a business in accordance with Union law and national laws and practices is recognised. doesn't feel like it goes very far either.
  - 8372049 2y ago
    I am not a lawyer, and definitely not a EU law lawyer, but e.g. in the copyright law, it states that the right to dynamically reverse engineer a program can not be given up through agreement. I would presume that the above sentence about contractual freedom combined with that implies that you can give up the right to have something repaired through an agreement.