For consumers, ie those who purchase for purposes unrelated to his profession or business, you will apply the Legislative Decree February 2, 2002, n.24. - Articles. 1519-bis and following of the Civil Code - (Two years to the first owner to legal requirements). The warranty is not transferable to any subsequent owners.
For other buyers, who usually purchased with a VAT, will be worth the legal guarantees provided for in Articles 1490 and following DC (One year to the first owner to legal requirements). The warranty is not transferable to any subsequent owners.
The warranty covers defects in materials and / or workmanship, and does not cover damages caused by negligence, alteration or misuse of the product and consumables.
This product replaced or repaired under warranty will be warranted for the remaining term of the same or for 90 days from the date of repair or replacement.
For products used and ex demo will be the guarantee of 6 months for the first purchaser. The warranty is not transferable to any subsequent owners.
RIGHT OF WITHDRAWAL
The Italian legislation on the sale over the Internet offers a great protection to the consumer. Even after purchase is completed.
Legislative Decree 22/5/99 n. 185 will point out the rules for implementing the right of withdrawal, or right to reconsider more broadly.
Who can apply
The right of withdrawal does not cover every buyer. The first limitation is its application only to consumers. Despite past attempts to interpret this extended period, it is quite clear that this term can be identified only the natural person acting outside of their professional activities. The Civil Code, in fact, describes it this way: "The consumer is the person who is acting for purposes unrelated to their business or profession" (art. 1469 bis). In essence, companies and professionals with a VAT can not claim the right of withdrawal for purchases made in that capacity.
When you apply
In addition, a further limitation is to be recorded on the sales opportunities for its application. Indeed, this possibility is given only for purchases made at a distance (which include the cases of e-commerce) and those concluded away from business premises. In these cases, the legislature has decided to locate the weakened condition of the consumer when the purchase is concluded, and therefore considered to guarantee it by granting this right. Therefore, you should consider carefully the concluding moment of purchase. In fact, one can also simply purchase online ordering, with the outright purchase a point-delayed physical store, pick up immediately where the good. In these cases, the purchase is concluded in a shop, and then skip the opportunity to assert the right of withdrawal.
The right of withdrawal for the trades concluded at a distance can not be applied in these cases:
a) for the provision of services if performance has begun, with the consent of the consumer before the expiry of seven days.
b) for the supply of goods or services whose price is dependent on fluctuations in the financial market that the provider is unable to control.
c) for the supply of goods made to measure or clearly personalized or which by their nature, can not be returned or are liable to deteriorate or expire rapidly.
d) for the supply of audio or computer software unsealed by the consumer.
e) for the supply of newspapers, periodicals and magazines.
f) for lotteries and betting services.
It is evident that the prediction given in paragraph c) of the pitfalls you can hide. The custom-made goods are actually made on a personal basis: this is obviously not the choice of color of right, for example, and even the good result from the combination of multi-part standard. The goods are for example customized bracelets or medallions engraved with the names or dates of birth, but not those with pre-printed name of a person. Finally, assets that can not be returned or are likely to deteriorate mainly food.
Of course many are valid agreements between the seller and the buyer also compared the above categories a) to f) if the enhanced protection of the purchaser.
The actual withdrawal
The right of withdrawal may be exercised by the consumer in case of any distance contract without penalty and without any obligation to specify the reason. Regarding the purchase of goods, this right is exercised within ten working days of receipt of the letter by registered mail or by fax or telegram (provided it is confirmed by letter within 48 hours). For the counting of days, is considered to be exercised in the recommended time of shipment. This ten-day period of three months if it becomes the supplier has not fulfilled its reporting obligations under the Legislative Decree 185/99.
In the case of provision of services, the right of withdrawal can not be exercised in case of supply began before the ten days. Obviously, several agreements are allowed (most favorable to the consumer) and also of course the consumer must have assented to the anticipation of the beginning of service delivery.
If the buyer exercises his right of withdrawal shall be entitled to the refund of the purchase sum. Also any shipping costs must be reimbursed if included in the price, but if you have been charged separately, and with the appropriate indication, will not be reimbursed. The retailer also can not charge the purchaser any extra charge (even bank charges for the eventual payment). Remain the sole responsibility of the purchaser postage for returning the goods. The seller has 30 days time to repay the purchaser.
The withdrawal well already delivered
In the event that the goods have already been delivered, the consumer is required to return it or make it available to the provider (or designee), in the manner and time stipulated in the contract. Such method or time, however, may not lead to any penalty for the consumer. Therefore, the period of time can not be less than ten days and the only necessary condition is the essential integrity of the goods (ie that has been preserved and possibly used with reasonable diligence). In essence, the right of withdrawal can not be limited by contractual terms imposed by the seller. For example, therefore, is forbidden to impose conditions such as the identification of the object, it has been returned in its original packaging or without opening the packaging, filling out forms or a special payment of administrative costs for the handling of the present.
The unsolicited supplies
The decree also deals with the so-called pressure selling, protecting the consumer. Article 9 shall specifically mentions: "the consumer is not bound to any consideration in cases of unsolicited supply. In any case, the lack of response does not constitute consent. " From this it follows that in case of activation of internet services is not required, the consumer is not obliged to pay any amount of the dispensing service. The sending of goods or the activation of free services such as product samples or gift is possible, but no title can be asked to pay for this operation, even in a delayed time, or places constraints on the consumer . His silence at the request of payment is entirely irrelevant. The same procedure is to be considered valid in the case of supply different from that agreed or supply defective.
The obligation of this right
Sellers are required to adhere to strict rules to this and mention it in every sales transaction. In fact, the right shall be inalienable and Any covenant in contrast to the provisions described above. The penalties for those who do not meet these obligations may also reach the figure of $ 10,000 (subject to further appeal to the criminal justice system when the necessary extremes). For any dispute, the jurisdiction of civil court is the place of residence or domicile of the consumer, if located within the state.
CANCELLATION OF ORDERS
Orders are binding, can be terminated only if the goods have not yet been sent written notice to be sent preferably by e-mail. For orders already shipped the customer must exercise the Right of Withdrawal.