LEGAL GUARANTEE OF CONFORMITY FOR GOODS (CONSUMERS)
If you act as a consumer, you are entitled to a legal guarantee of conformity for goods pursuant to Article 129 and following of the Italian Consumer Code, the main contents and deadlines of which are described below. This information forms an integral part of our [Terms and Conditions (T&C)].
1. LEGAL GUARANTEE OF CONFORMITY FOR GOODS
1.1 By virtue of Article 129 of the Italian Consumer Code, we must deliver goods to you which are in conformity with the Sales Contract.
1.2 Goods are presumed to be in conformity with the Sales Contract if the following conditions, where relevant, are simultaneously met:
(a) they are fit for the purposes for which goods of the same type are normally used;
(b) they comply with the description given by us and possess the qualities of the goods which we may have held out to you as a sample or model;
(c) they show the quality and performance which are normal in goods of the same type and which you can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by us or our agents or representatives, particularly in advertising or on labelling;
(d) they are fit for the purpose for which you require them and which you made known to us at the time of conclusion of the Sales Contract and which we have also implicitly accepted.
1.3 There shall be deemed not be a lack of conformity if, at the time the Sales Contract was concluded, you were aware, or could not reasonably be unaware of, the lack of conformity, or if the lack of conformity has its origin in your instructions or materials supplied by you.
2. YOUR RIGHTS IN CASE OF LACK OF CONFORMITY
2.1 We shall be liable to you, in accordance with Article 130 of the Italian Consumer Code, for any lack of conformity which exists at the time the goods were delivered.
2.2 In the case of lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with clauses 2.3 and 2.4, or to have an appropriate reduction made in the price or the Sales Contract terminated with regard to those goods, in accordance with clauses 2.5 and 2.6.
2.3 You may require us – at your choice - to repair the goods or to replace them, in either case free of charge, unless this is impossible or excessively burdensome. For such purposes a remedy shall be deemed to be excessively burdensome if it imposes costs on us which, in comparison with the alternative remedy, are unreasonable, taking into account:
(a) the value the goods would have if there were no lack of conformity;
(b) the significance of the lack of conformity; and
(c) whether the alternative remedy could be completed without significant inconvenience to you.
2.4 Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to you, taking account of the nature of the goods and the purpose for which you required the goods.
2.5 You may – at your choice – require an appropriate reduction of the price or have the Sales Contract terminated, if one of the following situations applies:
(a) if the replacement or repair are impossible or excessively burdensome;
(b) if we have not completed the repair or replacement within the term mentioned in clause 2.4;
(c) if the previously performed replacement or repair has caused you considerable inconvenience.
2.6 You are not entitled to have the Sales Contract terminated if the lack of conformity, for which the remedies of replacement or repair are impossible or excessively burdensome, is minor.
3. TIME LIMITS CONCERNING THE LEGAL GUARANTEE OF CONFORMITY
3.1 We are liable in accordance with Article 130 of the Italian Consumer Code where the lack of conformity becomes apparent within 2 years as from delivery of the goods.
3.2 You forfeit your rights under Article 130(2) of the Italian Consumer Code if you do not notify us of the lack of conformity within a period of 2 months from the date on which you detected the lack of conformity. Such notice is not necessary if we have acknowledged the existence of the lack of conformity or if we have hidden it.
3.3 Unless proved otherwise, any lack of conformity which becomes apparent within 6 months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
3.4 The legal action to assert not hidden defects prescribes in any case within 26 months of delivery of the goods.