The legal guarantee of conformity is provided by the Consumer Code (Articles 128 et seq.) And protects the consumer in case of purchase of defective products, which work badly or do not meet the purpose stated by the seller or to which that asset is generally intended . The consumer may assert its rights to legal guarantee of conformity speaking directly to the vendor of the goods, even if different from the producer. In the presence of a lack of conformity, the consumer has the right, at its option, repair or replacement of defective goods by the seller, without charge, except that the requested remedy is impossible or too costly relative to each other. If repair or replacement is not possible, however, the consumer has the right to a price reduction or get back a sum commensurate with the value of the property, against the return to the seller of the defective product. The legal warranty lasts two years from delivery of the goods and must be invoked by the consumer within two months of the discovery of the defect.
There is a lack of conformity when the item purchased:
1. is not suitable for the purposes for which goods of the same type are normally used;
2. does not comply with the description given by the seller and does not possess the qualities of goods which the seller has held out to the customer as a sample or model;
3. does not have the quality and performance which are normal in goods of the same kind, which the customer can reasonably expect, taking into account the statements made in advertising or labeling;
4. is not suitable for the particular use intended by the customer and it has been made known to the seller at the time of conclusion of the contract and which the seller has accepted.
The statutory warranty does not cover damage caused by improper use or as a result of an accidental event, or products broken or damaged by the consumer.
The statutory warranty does not cover damage caused by normal wear and tear of materials and prolonged use.
In case there is a lack of conformity, the consumer may exercise this right by writing to the customer service email@example.com
Methods on how to exercise the legal guarantee
The legal guarantee of conformity is exercised properly if they are fully complied the following conditions:
- The communication must be sent to Dudubags (firstname.lastname@example.org) within 2 months after discovery of the defect, and, within the same period, may also be sent by fax to +39 0434 361483, to be confirmed, at your discretion, by phone call within the next 48 hours;
- In addition to declare your intention to exercise the legal guarantee, it is obligatory to give clear and detailed photos of the problem on the product and a brief description about it.
If you have met all the requirements, the Seller, in the shortest possible time, will confirm you the taking charge of your case, paying the utmost attention to the analysis of the photographic material received with its own team of quality experts. Regardless of the outcome of the analysis, the seller will contact you to make you aware about the status of your case and inform you on the procedures to be followed for a total closure of the dispute in accordance with the laws in force.
If the photographic material is not sufficient to understand the problem, you will need to ship the product back and the payment of shipping charges. Will be at your expense the liability in case of loss or damage to the product during shipping.