Legal and commercial guarantee

Directive 99/44 / EC, and the individual national transposing legislation (for Italy, Legislative Decree No. 24 of February 2, 2002) introduce a new regime of guarantees for mobile goods purchased by consumers meaning "consumer" exclusively "the one who uses the property for purposes unrelated to the entrepreneurial or professional activity * possibly carried out" (domestic / private use).

The two-year legal guarantee provided by the directive is given to the consumer directly by the seller and is liable for any "lack of conformity with the sales contract", meaning that it comes into play whenever the consumer finds a difference between the declared characteristics of a product and those of the purchased item. It is a guarantee for defects of conformity or defects of lack of characteristic promises and concerns a problem that has characterized the asset from the beginning. In these cases the consumer has the right to request the intervention of the legal guarantee, because the purchase contract has not been respected or because a good has been delivered other than the one intended. In the event of a lack of conformity within the warranty period of twenty-four months, the supplier undertakes to repair or replace the product or one of its components that is vitiated by a manufacturing defect. The warranty does not include normal wear and tear.

Alongside the legal guarantee deriving from the implementation of Directive 99/44 / EC, there is a second form of guarantee called a commercial guarantee which is in effect a guarantee of good functioning: it does not guarantee the absence of original defects, but the fact that no defects occur due to the use over time. The duration of this commercial guarantee is however limited to twelve months, except for exceptions explicitly reported by the manufacturer directly on the invoice or on the warranty certificate.

There is no right to request a warranty if the defect or damage was caused by improper use. For example, the following actions are defined as non-compliant: repairs or interventions carried out by persons not authorized by the manufacturer, defects or damage caused by falling, breaking, etc.

Performance under warranty does not extend the warranty period. Therefore, in the event of replacement of the product or of one of its components, a new warranty period does not start on the good or on the single component supplied but must take into account the date of purchase of the original good. Any other rights are excluded.

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