Legal guarantee


1. What is the legal guarantee
The legal guarantee of conformity is provided by the Consumer Code (Articles 128 et seq.) And protects the consumer when purchasing defective products, which work poorly or do not respond to the use stated by the seller or to which that good is usually intended.

2. For those who may be relied upon
The consumer may assert their rights on legal guarantee of conformity referring directly to the vendor of the goods, even if different from the producer.

3. Content of the legal guarantee
In the presence of a lack of conformity, the consumer is entitled, at its option, repair or replacement of defective goods by the seller, without charge, unless the remedy requested is impossible or disproportionate to the other. If the replacement or repair are not possible the consumer is still entitled to a price reduction or to have back a sum commensurate with the value of the property, against the return to the seller of the defective product.

4. Duration of the legal guarantee
The legal warranty lasts two years from delivery of the goods and must be enforced by the consumer within two months from discovery of the defect: so you should always keep your proof of purchase (receipt or receipt that you may want to make a photocopy right away because the cards thermal receipt vouchers may become discolored with time) .The clauses by professionals in contracts or general conditions of contract with consumers restricting the duration of the legal guarantee or exclude can integrate unfair terms under Article 33, paragraph 2, letter b) of the Consumer Code.

5. Obligations of the seller
The seller must:

  • take delivery of the defective product to see if the malfunction depends on whether or not a defect of conformity. In particular: (i) for defects occurring in the first six months from the date of delivery of the product verification is always paid by the seller as it is assumed that existed at the time of delivery; (ii) thereafter, in the only case in which the failure is not due to a lack of conformity, it may be asked the consumer to repay the cost - reasonable and previously indicated - that the seller has supported for verification;
  • found the lack of conformity, to repair or replace the goods within a reasonable time from the request and without charge to the consumer.

6. Difference between the legal guarantee and contractual securities
Conventional guarantees, free or paid, offered by the manufacturer or retailer, not replace or reduce the legal compliance, against which may have rather different amplitude and / or duration. Whoever offers conventional guarantees, however, you must specify that they are different and additional guarantees with respect to the legal guarantee of conformity of consumer protection.

7. Powers of intervention Antitrust
The behavior of dealers or producers which could mislead the consumer about the existence or on the exercise of the legal guarantee of conformity, or would impede the exercise itself can constitute unfair commercial practices, which are prohibited and penalized by the Consumer Code. In this case, the Antitrust Authority may intervene to protect the consumer, ensuring violation, imposing the cessation of conduct contrary to the law, by punishing those responsible for up to a maximum of EUR 5.000.0000. The Competition Authority may also accept firm commitments, without establishing an infringement and whether they have a positive impact for consumers. It can not resolve individual disputes. Finally, the Authority can assess the unfair nature of the clauses included in contracts or general conditions of contract between professionals and consumers that limit the duration of the legal guarantee of conformity or exclude it altogether, by arranging the adoption of measures to inform consumers properly.

8. Who to contact
The Antitrust Authority has a toll free number (800166661) available from Monday to Friday, from 10 to 14, to request clarifications. For reports to the Authority must instead fill out the form available in the 'Consumer' section of the site, and send it directly via the internet in electronic form, or by fax to the number 0685821256, or by post to: Authority Competition and market - Piazza Verdi, 6 / a - 00198 Rome.