The Consumer may ask either to repair the item or to replace it, without any fees in both cases, except for the cases in which this should be impossible, or should impose a disproportionate economic burden on the seller.
The Consumer has the right to a proportional reduction of the price or to terminate the contract, pursuant to art. 135bis of the Consumer Code, and specifically, if:
The seller has not repaired or replaced the item, following the terms and conditions of the Consumer Code, or has refused to bring the goods into conformity.
If the lack of conformity is so serious to justify the immediate reduction of the price or the termination of the contract.
If a lack of conformity becomes apparent notwithstanding the seller’s attempt to bring the item into conformity.
If the seller has declared (or this is clear on the basis of the circumstances) that they will not bring the item into conformity, within a reasonable time lapse or without any major problems.
The Consumer cannot terminate the contract if the lack of conformity is only a modest one.
The following situations exclude the lack of conformity: possible damages determined by accidental events or under the liability of the Consumer, for improper use of the goods, or due to the normal wear of the item.
The guarantee can be applied to the item showing lack of conformity and/or malfunction not seen at the moment of the purchase, provided that the item is used correctly and following its use destination and what is foreseen in its technical sheets.
Repairing within the guarantee period is made by authorised Service Centres of the single producer. Transport fees to send the item to be repaired and to send it back will be paid by the Consumer, if not differently specified in the guarantee policy of the single producer.
If, following a repairing in an authorised centre, the original problem should NOT be a lack of conformity covered by guarantee, the Consumer will pay for all costs of test, check and repairing foreseen by the authorised centre.
If, for any reason, the Service Centre should not be in a position to give back an item covered by guarantee (repaired or replaced), we will, at our sole discretion, determine whether to give back the total sum or to replace the item with another one, having the same characteristics, or higher.
No damages compensation will be requested for any possible delay in repairing or replacement.
This extract is an integral part of our conditions of sale visible on our page Conditions.