The Consumer Code regulates the legal guarantee of the seller on consumer goods. This guarantee is accompanied (without replacing it) by the manufacturer's conventional (or commercial) guarantee, regulated by a specific contract (normally included in the package of the purchased good) Legal guarantee The guarantee provided by law concerns the sale of consumer goods carried out in the scope of a professional or entrepreneurial activity to the consumer. The consumer has the right to receive from the seller goods that comply with the contract, as well as with the qualities and requirements promised by the seller. In case of defects in the goods, production or conformity, which already existed at the time of delivery or which manifests itself even later, the purchasing consumer has the right to contact the seller directly to obtain one of the remedies provided for by law. The seller's liability operates for a period of 2 years from the time of purchase, or rather from the delivery.

The consumer has the duty to notify the seller of the existence of the defect or lack of conformity of the goods within 2 months from the date of its discovery. Notification is only unnecessary if the seller has acknowledged the existence of the defect or has concealed it.

In fact, therefore, the guarantee operates for 26 months from the date of purchase.

The guarantee provides that the consumer has the right to restore, without charge, the conformity of the goods by means of, at his choice, repair or replacement with a similar good, or in the event that this is not possible, to an adequate reduction in the price or the resolution of the contract.

However, the choice is not allowed if the requested remedy is objectively impossible or excessively onerous compared to the other (e.g. the remedy is impossible if the repair of the good is requested but there are no longer spare parts for that good; it is excessively expensive if you choose to replace the defective goods with a new one when instead a minimum intervention would be enough to restore conformity to the goods).

Repairs or replacements must be carried out within a reasonable time frame and must not cause inconvenience to the consumer.

In the event that the remedy chosen by the consumer is not implemented in a reasonable time, the consumer has the right to request, once again at his choice, an appropriate reduction in the price or the termination of the contract.

Furthermore, the consumer who requests the repair or replacement of the goods is not required to incur any costs, neither for shipments, nor for materials, nor for labour. It is of fundamental importance to request and keep the receipt or the sales invoice certifying the place and date of purchase, so that it can be shown to the seller in the event of a dispute.

It is important to know that it is the seller who must take charge of offering the solution to the consumer, not the producer.

This means that you can safely go to the shop where the goods were purchased and expect the seller to take care of the problem with the utmost care; it is up to him, in fact, that it is up to him to accept the returned asset and take action in the appropriate ways, only to then take revenge on the producer.

(These rules mentioned above do not cover any tampering by the consumer or the misuse of the purchased good)

Conventional guarantee

The conventional guarantee, in addition to that required by law, binds whoever offers it according to the procedures contained in the guarantee itself or in the relative advertising.

In addition to not being able in any case to limit the rights granted to the consumer by the legal guarantee, this guarantee must indicate in a clear and understandable way the object of the guarantee and the elements necessary to enforce it (for example, duration, territorial extension, references complete (the name, company, registered office of the offerer).

The consumer may request that the guarantee be available in writing or on another durable medium.

The warranty must be written in Italian and available in evident characters no less than those used for any other languages

Warranty for used goods

The regulation of guarantees also applies to used goods, if the sale takes place between a professional seller (e.g., a car showroom) and a consumer.

In the case of used goods, the term of the guarantee is always 2 years from the delivery of the goods; however, at the time of purchase, the parties can establish that the duration of the guarantee is limited to 1 year.

If nothing of the kind is agreed, then the guarantee is considered valid for 2 years.

Non-waivability of the guarantee

The legal guarantee cannot be renounced and cannot be limited in terms of quality or quantity (except of course for any limitation of duration in the case of used goods).

The Consumer Code establishes that any contractual clause that limits the consumer's rights recognized by law is to be considered void.

It is understood that all of the above does not refer to improper use of the product, tampering by the consumer and poor maintenance.