Consumers are entitled to receive a product from the seller that is compliant with the contract, as well as the quality and requirements promised by the seller. In the event of product, production or compliance defects, which existed already at the time of delivery or even which arise subsequently, the purchasing consumer is entitled to contact the seller directly to obtain one of the resolutions provided by law.
The seller shall bear liability for a period of 2 years from the time of purchase, or rather, of delivery. The consumer has the duty to notify the seller of the existence of the flaw or the compliance defect in the product within 2 months of the date of its discovery. The notification is not required only if the seller has recognised the existence of the defect or has concealed it. Therefore, in fact, the warranty is in force for 26 months from the purchase date.
Under the warranty, the consumer is entitled to the restoration, at no expense, of product compliance by means, at its choice, of repair or replacement with an analogous product or, if this is not possible, an adequate reduction of the price or termination of the contract.
However, this choice is not permitted if the resolution requested is objectively impossible or excessively onerous with respect to the other (for example, the resolution is impossible if product repair is requested but there are no longer spare parts available for that product; it is excessively onerous if replacement of the defective product with a new one is requested, when instead a minimal intervention would suffice to restore product compliance).
The repairs or replacements must be made within a consistent period of time and should not cause inconvenience to the consumer. If the resolution selected by the consumer is not carried out within a reasonable period of time, the consumer is entitled to request, once again at its choice, a consistent price reduction or the termination of the contract. Furthermore, consumers that request product repair or replacement are not required to incur any expenses, for delivery, materials or labour.
It is of fundamental importance to request and store the tax receipt certifying the place and date of purchase, so as to be able to show it to the seller in the event of any disputes.
It is important to know that it is the seller that must take responsibility for offering a solution to the consumer, and not the manufacturer. This means that purchasers may easily contact the shop where the product was purchased and ask the seller to handle the problem with the utmost diligence; indeed, it is the seller that is required to accept the returned product and take the appropriate measures, without prejudice to subsequently recouping expenses from the manufacturer.