Notice on Legal Guarantees and Commercial Warranties

II) When is a Good Considered Conforming?

According to the Italian Consumer Code, a good is considered conforming when it meets the following subjective requirements, where applicable:

1. It corresponds to the description, type, quantity, and quality specified in the contract and possesses the functionality, compatibility, interoperability, and other characteristics as provided in the sales contract;
2. It is suitable for any particular use intended by the consumer that was made known to the seller at the latest at the time of the conclusion of the sales contract and that the seller has accepted;
3. It is provided together with all accessories, instructions, including installation instructions, as stipulated in the sales contract, and
4. It is provided with updates as stipulated in the sales contract.

A good is considered conforming when it meets the following objective requirements, where applicable:

1. It is suitable for the purposes for which goods of the same type are typically used, taking into account any other provisions of national law and Union law, technical standards, or, in the absence of such technical standards, applicable industry codes of conduct;
2. Where relevant, it possesses the quality and corresponds to the description of a sample or model that the seller has made available to the consumer before the conclusion of the contract;
3. Where relevant, it is delivered together with accessories, including packaging, installation instructions, or other instructions that the consumer can reasonably expect to receive and
4. It is of the quantity and possesses the qualities and other characteristics, including durability, functionality, compatibility, and safety, that are usually present in a good of the same type and that the consumer can reasonably expect, considering the nature of the good and any public statements made by or on behalf of the seller or by other persons in previous stages of the chain of transactions, including the manufacturer, particularly in advertising or on labelling.

III) What Does the Legal Guarantee Entail?

If the good is defective, the consumer who reports the lack of conformity has the right to request the seller to alternatively:

1. Restore the conformity of the good at no expense to the consumer through repair;
2. Replace the good;

If repair and replacement are impossible or excessively burdensome, or if the seller has not provided for the repair or replacement of the good within a reasonable period, or if the replacement or repair previously carried out has caused significant inconvenience to the consumer, the consumer may request:

1. An appropriate reduction in the price;
2. The termination of the contract.

IV) How Long Does the Right to the Legal Guarantee Last, and When Should It Be Exercised?

The consumer can exercise the right to the legal guarantee if the lack of conformity appears within 2 years of the good's delivery. The action to enforce defects not fraudulently concealed by the seller expires, in any case, within twenty-six months from the delivery of the good; however, the consumer, who is sued for the execution of the contract, can always assert the rights related to the legal guarantee (repair or replacement of the good, etc.). Reporting the defect is not necessary if the seller has acknowledged or concealed the defect's existence.

Furthermore, unless proven otherwise, it is presumed that the defects that appear within one year from the delivery of the good already existed at the time of delivery unless this assumption is incompatible with the nature of the good or the nature of the lack of conformity.

V) What Are Commercial Warranties?

Commercial warranties are not rights but offers made by the seller to the consumer, either free of charge or for a fee, that neither replace nor limit the legal guarantee, although they may differ in scope and/or duration.

The seller offering a commercial warranty is bound by the warranty declaration or related advertising and must also specify the following:

1. That the consumer holds the rights provided by the legal guarantee and that the commercial warranty does not affect those rights;
2. The subject of the commercial warranty and the essential elements necessary to enforce it, including its duration and territorial extent, as well as the name or business name and the domicile or registered office of the party offering the warranty.

VI) What Is the Difference Between "Return" and "Withdrawal"?

Clarity is important to us! Sometimes, these two terms are used interchangeably, but they are different. The term "return" does not have a specific definition in the Italian Consumer Code and is generally used to refer to the return of defective goods under the "legal guarantees" or "commercial warranties" provided for the consumer, with the terms and conditions we have described above.

On the other hand, withdrawal is the consumer's right to reconsider their purchase, and it is explicitly regulated as such by the Italian Consumer Code. Want to know more? Click HERE