Post-sale warranty

The sale of consumer goods

The sale of consumer goods

  • Scope of discipline

Articles 128 and following of the Consumer Code governing the rights of the consumer / purchaser in the presence of defects on the purchased goods

It applies to contracts of sale of used consumer goods (given the time of previous use, and not limited to the effects resulting from normal use of the object purchased), to barter agreements, and to any other agreement aimed at supply of consumer goods from manufacturer to consumer.

Art. 128

Scope and definitions.

[I]. This paragraph covers certain aspects of sales contracts and guarantees relating to consumer goods. For such purposes, sales contracts are treated the exchange and supply contract as well as those of contract, opera and all other contracts intended to the supply of consumer goods to the manufacturer or producer.

[II]. For the purposes of this paragraph shall apply:

a) Consumer means any natural person who, in the contracts referred to in paragraph one, is acting for purposes unrelated to business or professional activity;

b) consumer goods: any movables even to assemble, except:

1) the forced sale of assets or otherwise sold by way of the judicial authorities, even by delegation to notaries;

2) water and gas where they are not put up for sale in a limited volume or set quantity;

3) electricity;

c) Seller means any natural or public or private legal person, in the exercise of their business or profession, uses the contracts referred to in the first paragraph;

d) manufacturer means the manufacturer of consumer goods, the importer of consumer goods into the territory of the European Union or any other person presenting himself as the manufacturer by affixing on the consumer goods his name, trade mark or other distinctive mark;

e) further conventional guarantee any undertaking by a seller or producer, hired to the consumer without extra charge, to reimburse the price paid or to replace, repair, or otherwise act on the consumer goods, if they do not meet the conditions stated in the guarantee statement or in the relevant advertising;

f) repair: in the case of lack of conformity, bringing consumer goods into conformity with the sales contract

[III]. The provisions of this paragraph shall apply to the sale of used consumer goods, given the time of past use, limited to defects not resulting from normal use of the thing.

  • Accordance with the contract. Article 129 of the commodity.

The seller has the obligation to deliver the goods in conformity with the sales contract, this is: fit for the purposes for which goods of the same type are normally used, conform to the seller's description and that possesses the quality and habitual performance of goods of the same type and which the consumer can expect from the nature of good and by public statements about the good done by the seller, the producer or by the agent or representative for example through advertising or labels, suitable for the particular use for which the consumer and these press the seller that has accepted, also concluding facts.

  • Lack of conformity

a) There is no lack of conformity if: the consumer knew the defect at the time of conclusion of the contract or could not ignore it with the utmost care, the defect was caused by instructions or materials supplied by the consumer.

the seller is not bound by public statements if he proves: that he knew and could not know with the utmost care, that the statement had been corrected before the contract is concluded in knowable way to the consumer, that the decision to buy the consumer does not It has been influenced by the statement.

b) In the event of incorrect installation. If the installation is included in the sales contract and was performed by the seller or under his responsibility, the lack of conformity resulting from incorrect installation is equivalent to lack of conformity of the good. If the installation is carried out by the consumer incorrectly due to a deficiency in the installation instructions, the lack of conformity resulting from the installation is equivalent to lack of conformity.

  • Consumer Law. Art. 130 of the Consumer Code.

a) The seller is liable for any lack of conformity which exists at the time of delivery of the goods and the consumer has the right to restore conformity of the goods to the seller expenses (in particular shipping, labor and material necessary to achieve conformity goods), by repair or replacement within a reasonable time, or a reduction of the price or the contract rescinded.

The choice between replacement and repair up to the consumer, unless the chosen remedy is impossible or excessively expensive compared to the other (the excessive cost of the remedy is necessary to consider in relation to the value the goods would have if there were not the failing that, the extent of the defect and whether the alternative remedy could be completed without significant inconvenience to the consumer).

b) Price reduction or termination of the contract may be requested if:

repair and replacement are impossible or prohibitively expensive;

the seller fails to repair or replacement within a reasonable period;

the replacement or repair operated has caused significant damage to the consumer.

If the defect is slight: the impossibility or the excessive cost of repair or replacement only entitle to a price reduction, and not to terminate the contract.

After reporting the lack of conformity, the seller may propose an alternative remedy to the consumer, but is obliged to the choice previously made by this or at different remedy chosen later by the consumer.

  • Right of recourse to the seller. Article 31 Consumer Code

The final seller shall be liable to the consumer for a lack of compliance due to actions or omissions of an earlier link in the distribution chain of contracts, the manufacturer of the goods or any other intermediary, has a right of recourse against the person responsible. The right of recourse is waivable and is admitted otherwise agreed. The recourse of the final seller who has complied with the remedies in favor of the consumer can exercise his right of recourse within one year from the performance.

  • Terms consumer action. Article 132 Code Consumption

The defect must occur within 2 years after delivery. The complaint to the seller of the defect by the consumer must be made within 2 months of discovery.

The complaint is not necessary if your dealer has acknowledged the existence of the defect or has concealed.

The defects that occur within 6 months of delivery is presumed to already existing at that date, unless this is not incompatible with the nature of the good or the lack of conformity.

The action to enforce no defects fraudulently concealed by Seller shall expire 26 months after delivery, unless the buyer agreed to the execution of the contract, who can assert their own rights if they denounced the defect within two months after discovery and within 26 months after delivery.

  • Standard warranty. Article 133 of the Code Consumption

The conventional guarantee binds the offerer under the conditions indicated in the declaration of the same and advertising collateral. Minimum content of the guarantee:

an indication that the consumer is the holder of rights under Articles 128 and following of the Consumer Code and that the guarantee does not affect them;

the object of the guarantee;

mode of action, duration, territorial scope and name and permanent address of the person who offers it.

At the request of the consumer must be provided in writing and in Italian with no smaller than those of other languages.