In application of the enforced norm on the vendor part the obligation is burdened
to deliver to the part buyer goods conforming to the contract of sale. The selling party is responsible for any lack of conformity which may appear in the 24 months following the purchase. Any conformity defect shall be reported to the selling party within two months from its discovery. The guarantee provided by the consumer code can not be enforced by those who purchased the products as part of their business or profession.
According to art. 129, C. 2, of the consumer code it is presumed that the goods are
conform, if the following characteristics coexist:
- are suitable for the use to which they habitually serve goods of the same type
- Conform to the description made by the seller and possess the qualities
of the good that the seller has presented to the consumer;
- they possess the qualities and performance which are customary in goods of the same type, and which the consumer can reasonably expect, taking into account the nature of the goods.
- they are also suitable for the particular use intended by the consumer and which has
been brought to the knowledge of the seller at the time of the
conclusion of the contract and of which the seller has also taken note by the facts
In the case of defect of conformity the art. 130 of the code of the consumption previews which esperibili remedies the reparation or the substitution of the good. The choice between the two remedies is left to the buyer unless the remedy requested is objectively impossible or excessively expensive. In such cases, the alternative remedy shall be used. Should the repair or replacement of the goods be impossible or excessively onerous, or should the selling party fail to repair or replace the goods within a reasonable period of time, or should they cause significant inconvenience to the purchasing party, or should they be ineffective in resolving the problem, the purchasing party may request a price reduction or termination of the contract. In determining the amount of the reduction or the sum to be refunded, the use of the goods shall be taken into account.
The work of the selling party having the purpose of restoring the congruity of the good shall be free of charge. In order to enforce the warranty, the purchaser shall keep and exhibit the receipt.
The warranty is void if the product is tampered with or used in a non-compliant manner. In particular, but not exclusively, the warranty is void for all ASG, if electric, the use of batteries with excessive voltage and amperage for the proper functioning of the product, if gas, the use of unsuitable gas, alteration of the product, tampering, the use of pellets of insufficient quality, contact with liquids, use in weather conditions not compatible with the nature of the product (by way of example: rain and excessively cold temperatures). Warranty coverage for parts subject to consumption and periodic maintenance is in relation to their physiological life. The periodic maintenance operations of the parts subject to wear and the cleaning of the product are at the care and expense of the purchasing party.
CAUSE OF MAJOR FORCE
No responsibility can be attributed to the seller for any inefficiency due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to execute the sale agreement in the agreed time. The selling party shall not be liable to any party for damages, losses and costs incurred as a result of the non-execution of the sales agreement due to the above-mentioned causes.