All products purchased on the Website are covered by the legal guarantee of conformity (“Legal Guarantee”). For anything not expressly regulated below, the Italian Civil Code shall apply and, in the case of a Consumer Customer, the most favorable provisions under the Consumer Code.
For each Product purchased by a Professional customer (i.e. a natural or legal person acting in the course of his entrepreneurial, commercial, craft or professional activity, or an intermediary), the latter will benefit from the guarantee for defects of the sold good, under the provision referred to in art. 1490 et seq. of the Italian Civil Code; the action to enforce the guarantee for defects of the Professional customer shall expire after 1 (one) year from the delivery of the purchased Product. The defects must be reported within 8 (eight) days of discovery.
For each Product purchased by a Consumer customer, the latter will benefit from the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code.
The Legal Guarantee from the Seller shall apply to defects of conformity that occur within 2 (two) years from the date of delivery of the Product and which are reported by the Consumer customer within 2 (two) months from the date of discovery of the defect, under article 132 of the Consumer Code, or within a longer period if provided for by the different legislation that may be applicable according to article 11 of the GCS. The action to enforce the guarantee for defects by the Consumer customer shall expire after 26 (twenty-six) months from delivery of the Product or within longer periods if provided for by any other applicable legislation according to article 11 of the GCS.
It should be noted that the lack of conformity exists when one of the following circumstances occurs: (i) the product is not fit for the purpose for which it is normally used; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performances of a product of the same type; (iv) is not suitable for the particular use desired by the consumer, if brought to the knowledge at the time of purchase and accepted by the seller.
The Consumer customer will, in any case, remain the holder of the rights arising from the Legal Guarantee described above, regardless of the signing of other conventional guarantees, whether they are free or paid.
In the event of a lack of conformity, the Consumer customer may request, at his choice, the repair of the Product or its replacement, unless the requested remedy is objectively impossible disproportionate concerning the other, under the provisions of article 130 paragraph 4 of the Consumer Code.
In particular, a remedy is to be considered disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable taking into account: (i) the value that the good would have if there was no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy could be completed without significant inconvenience for the Consumer Customer.
Tecnotelai undertakes to have the defective product repaired or replaced within a reasonable time from the warranty request, taking into account the characteristics of the product to be repaired or replaced. Alternatively, the Consumer customer may request, at his choice, an appropriate reduction of the price of the product or the termination of the contract, if one of the following situations occurs: (i) the repair or replacement is impossible or excessively expensive; (ii) Tecnotelai has not repaired or replaced the Product within a reasonable period; (iii) the replacement or repair previously carried out has caused significant problems. A minor lack of conformity for which it was not possible or is excessively burdensome to undergo remedy of repair or replacement does not entitle the termination of the contract.
After Tecnotelai has received the complaint of the lack of conformity, it will offer the Consumer Customer any other available remedies, with the following effects:
The Consumer customer will not have the right to repair, replace, reduce the price or terminate the Contract concerning any product or any component identified as defective unless otherwise provided and under the applicable law, if:
The Legal Guarantee shall be enforced directly against Tecnotelai: