LEGAL GUARANTEE (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, transcribed below for your general information. This information forms an integral part of our Terms and Conditions (T&C).
ARTICLE 129 (CONFORMITY OF GOODS)
1. The seller shall deliver goods to the consumer that meet the requirements set out in Paragraphs 2 and 3 and Articles 130 and 131, where applicable, without prejudice to Article 132.
2. In order to conform with the sales contract, the goods shall, in particular, where applicable:
(a) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract;
(b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance;
(c) be delivered with all accessories and instructions, including on installation, as stipulated by the sales contract; and
(d) be supplied with updates as stipulated by the sales contract.
3. In addition to complying with any subjective requirement for conformity, the goods shall:
(a) be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct;
(b) where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract;
(c) where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and
(d) be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.
ARTICLE 130 (OBLIGATIONS OF THE SELLER AND CONDUCT OF THE CONSUMER)
1. The seller shall not be bound by public statements, as referred to in Article 129(3)(d) if the seller shows that:
(a) the seller was not, and could not reasonably have been, aware of the public statement in question;
(b) by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or
(c) the decision to buy the goods could not have been influenced by the public statement.
2. In the case of goods with digital elements, the seller shall ensure that the consumer is informed of and supplied with updates, including security updates, that are necessary to keep those goods in conformity, for the period of time:
(a) that the consumer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the contract, where the sales contract provides for a single act of supply of the digital content or digital service; or
(b) indicated in Article 133(2) or (3), as applicable, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time.
3. Where the consumer fails to install within a reasonable time updates supplied in accordance with paragraph 2, the seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that:
(a) the seller informed the consumer about the availability of the update and the consequences of the failure of the consumer to install it; and
(b) the failure of the consumer to install or the incorrect installation by the consumer of the update was not due to shortcomings in the installation instructions provided to the consumer.
4. There shall be no lack of conformity within the meaning of Articles 129(3) and 130(2) if, at the time of the conclusion of the sales contract, the consumer was specifically informed that a particular characteristic of the goods was deviating from the objective requirements for conformity laid down in said paragraphs and the consumer expressly and separately accepted that deviation when concluding the sales contract.
ARTICLE 131 (INCORRECT INSTALLATION OF THE GOODS)
1. Any lack of conformity resulting from the incorrect installation of the goods shall be regarded as lack of conformity of the goods, if:
(a) the installation forms part of the sales contract and was carried out by the seller or under the seller's responsibility; or
(b) the installation, intended to be carried out by the consumer, was done by the consumer and the incorrect installation was due to shortcomings in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or by the supplier of the digital content or digital service.
ARTICLE 132 (THIRD-PARTY RIGHTS)
1. Where a restriction resulting from a violation of any right of a third party, in particular intellectual property rights, prevents or limits the use of the goods in accordance with Articles 129 and 130, the consumer is entitled to the remedies for lack of conformity provided for in Article 135-bis, without prejudice to other provisions of the legal system relating to nullity, avoidance or other cases of termination of the contract.
ARTICLE 133 (LIABILITY OF THE SELLER)
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods were delivered in accordance with Article 61 and which becomes apparent within two years of that time. Without prejudice to Article 130(2), this paragraph shall also apply to goods with digital elements.
2. In the case of goods with digital elements, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, the seller shall also be liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent within two years of the time when the goods with digital elements were delivered. Where the contract provides for a continuous supply for more than two years, the seller shall be liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent within the period of time during which the digital content or digital service is to be supplied under the sales contract.
3. The legal action to assert not hidden defects prescribes in any case within 26 months of delivery of the goods; the consumer who is sued for performance of the contract may, however, always invoke the rights provided for in Article 135-bis.
4. In the case of second-hand goods, the seller and the consumer can agree on limiting the liability set forth in Paragraphs 1 and 2 and prescription period set forth in Paragraph 3, provided that such shorter periods shall not be less than one year.
ARTICLE 135 (BURDEN OF PROOF)
1. Any lack of conformity which becomes apparent within one year of the time when the goods were delivered shall be presumed to have existed at the time when the goods were delivered, unless proved otherwise or unless this presumption is incompatible with the nature of the goods or with the nature of the lack of conformity. This paragraph shall also apply to goods with digital elements.
2. In the case of goods with digital elements where the sales contract provides for the continuous supply of the digital content or digital service over a period of time, the burden of proof with regard to whether the digital content or digital service was in conformity within the period of time referred to in Article 133(2) shall be on the seller for a lack of conformity which becomes apparent within the period of time referred to in that Article
ARTICLE 135-BIS (REMEDIES)
1. In the event of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity or to receive a proportionate reduction in the price, or to terminate the contract, under the conditions set out in this Article.
2. In order to have the goods brought into conformity, the consumer may choose between repair and replacement, unless the remedy chosen would be impossible or, compared to the other remedy, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including:
(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 provided without significant inconvenience to the consumer.
3. The seller may refuse to bring the goods into conformity if repair and replacement are impossible or would impose costs on the seller that would be disproportionate, taking into account all circumstances including those mentioned in points (a) and (b) of paragraph 2.
4. The consumer shall be entitled to either a proportionate reduction of the price or the termination of the sales contract in accordance with Article 135-bis in any of the following cases:
(a) the seller has not completed repair or replacement or, where applicable, has not completed repair or replacement in accordance with Article 135-ter(1), (2) and (3), or the seller has refused to bring the goods into conformity in accordance with paragraph 3 of this Article;
(b) a lack of conformity appears despite the seller having attempted to bring the goods into conformity;
(c) the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales contract; or
(d) the seller has declared, or it is clear from the circumstances, that the seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the consumer.
5. The consumer shall not be entitled to terminate the contract if the lack of conformity is only minor. The burden of proof with regard to whether the lack of conformity is minor shall be on the seller.
6. The consumer shall have the right to withhold payment of any part of the price until the seller has fulfilled the seller's obligations under this chapter. Member States may determine the conditions and modalities for the consumer to exercise the right to withhold the payment.
7. The provisions of the Italian Civil Code governing the objection of non-performance and the contribution of the consumer to the lack of conformity shall remain unaffected.
ARTICLE 134-TER (REPAIR OR REPLACEMENT)
1. Repairs or replacements shall be carried out:
(a) free of charge;
(b) within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; and
(c) without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods.
2. Where the lack of conformity is to be remedied by repair or replacement of the goods, the consumer shall make the goods available to the seller. The seller shall take back the replaced goods at the seller's expense.
3. Where a repair requires the removal of goods that had been installed in a manner consistent with their nature and purpose before the lack of conformity became apparent, or where such goods are to be replaced, the obligation to repair or replace the goods shall include the removal of the non-conforming goods, and the installation of replacement goods or repaired goods, or bearing the costs of that removal and installation.
4. The consumer shall not be liable to pay for normal use made of the replaced goods during the period prior to their replacement.
ARTICLE 135-QUARTER (PRICE REDUCTION AND TERMINATION OF THE CONTRACT)
1. The reduction of price shall be proportionate to the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if they were in conformity
2. The consumer shall exercise the right to terminate the sales contract by means of a statement to the seller expressing the decision to terminate the sales contract.
3. Where the lack of conformity relates to only some of the goods delivered under the sales contract and there is a ground for termination of the sales contract pursuant to Article 135-bis, the consumer may terminate the sales contract only in relation to those goods, and in relation to any other goods which the consumer acquired together with the nonconforming goods if the consumer cannot reasonably be expected to accept to keep only the conforming goods.
4. Where the consumer terminates a sales contract as a whole or, in accordance with paragraph 3, in relation to some of the goods delivered under the sales contract:
(a) the consumer shall return to the seller, at the seller's expense, the goods; and
(b) the seller shall reimburse to the consumer the price paid for the goods upon receipt of the goods or of evidence provided by the consumer of having sent back the goods.