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SELLER’S LEGAL WARRANTY
All original products branded “Moschino” are covered by the seller’s two-year legal warranty set forth by the Consumer’s Code (Legislative Decree no. 206 of 6th September 2005).
The legal warranty of conformity is foreseen by the Consumer’s Code (art. 128 and subsequent ones) and protects the consumer in case of faulty, malfunctioning products or non-compliant with the use declared by the seller or for which the product is generally intended. Pursuant to art. 129 of the Consumer’s Code, a product boasts conformity defects if it is not suitable for the use for which products of the same type are generally intended, if it does not comply with the seller’s descriptions in terms of quality or performances, or if it lacks the typical quality and performances of a product of the same type, which the consumer can reasonably expect, keeping in consideration the nature of the product. Only consumers have the faculty to enforce the legal warranty pursuant to the Consumer Code, meaning physical persons who purchased a product for use not related to a business, entrepreneurial or professional activity. Hence, invoices indicating the VAT no. of a company or professional do not entitle to the rights set forth by the legal warranty. As set forth by art. 128 up to art. 135 of the Consumer's Code, consumers are entitled to request the seller, the repair or replacement of the faulty product, without any costs, provided the requested solution is not possible or excessively pricy compared to the other. If repairs or replacements are not possible, the consumer is anyhow entitled to a price reduction or to be refunded a sum, based on the product value, after returning the faulty product to the seller. The consumer can exercise his rights set forth by the legal warranty of conformity, by contacting the seller directly, even if different from the manufacturer.
The legal warranty is effective for 2 years from the delivery of the product and can be enforced by the consumer within two months from discovering the defect: this means that the consumer can request the seller of a product to apply the solutions foreseen by the legal warranty for conformity defects that occurred within 24 months from the delivery of the product. The consumer shall claim the defect within 2 months from discovery, therefore the receipt shall always be kept (tax receipt or bill or sale invoice in case of purchase online).
A consumer who discovers that a product branded “Moschino” is affected by a conformity defect, can contact the following email address firstname.lastname@example.org go to our stores. If the consumer has purchased the product on website “www.moschino.com”, he shall follow the steps below steps below to return the faulty or non-compliant product.
Once received the claim, our company will:
• inspect the product to verify if the issue can be easily and promptly solved or, on the contrary, there are obvious reasons that void the Legal Warranty (e.g. expiry of the warranty, obvious presence of accidental damages or damages caused by the consumer);
• collect and handle information concerning the product and customer for managing the assistance service;
• send the product to the manufacturer for suitable checks and potential repairs or replace the product in case repair is not possible or excessively pricy;
• manage the product return logistic process.
Should the non-conformity defect be ascertained, we will transmit a quote to the customer for potential repairs; the customer can decide whether to proceed with the repairs at his expenses. In this case, the Customer is also responsible for any transport fees.
FULL VERSION TEXT FROM ART. 128 TO 135 OF THE CONSUMER'S CODE
Legal warranty of conformity and sale warranties for consumer goods
Sale of consumer goods
Sphere of application and definitions
1. This paragraph regulates some aspects of sale contracts and warranties concerning consumer goods. For purposes of sales contracts, exchange, supply contracts are considered equivalent, as well as procurement, work and other contracts aimed anyhow to supply consumables to manufacture or produce.
2. For purposes of this paragraph, the following is considered:
a) consumer goods: any movable asset, also to assemble, except:
1) assets object of forced sale or anyhow sold according to other modalities by judicial authorities, also through power of attorney conferred to notaries;
2) water and gas, when not intended for sale in limited volume or specific quantity;
3) electric energy;
b) seller: any private or public juridical or physical person who resorts to the contracts set forth by par. 1 in exercising their entrepreneurial or professional activity;
c) additional typical warranty: any commitment by a seller or manufacturer, assumed towards the consumer without additional costs, to refund the paid price, replace, repair or otherwise intervene on the consumer good, in case the latter does not conform to the conditions set for by the warranty declaration or relative advertising;
d) repair: in case of conformity defect, the consumer good shall be restored for compliance with the sale contract.
3. The provisions set forth by this paragraph apply to the sale of second-hand consumer goods, keeping in consideration the previous use, limitedly to defects not caused by the regular use of the product.
Compliance with the contract
1. The seller shall deliver products compliant with the sale contract, to the consumer.
2. It is assumed that consumer goods comply with the contract if the following conditions apply, if pertinent:
a) are suitable for the use for which goods of the same type are usually intended;
b) they comply with the seller’s description and boast the qualities that the seller presented to the consumer as sample or model;
c) feature typical quality and performances of a product of the same type, that the consumer can reasonably expect, keeping in consideration the nature of the good and, if pertinent, public declarations on the specific product characteristics rendered by the seller, manufacturer or his agent or representative, in particular in advertisements or labels;
d) are also suitable for the particular use intended by the consumer and notified by the latter to the seller when stipulating the contract, and that the seller has accepted also by conclusive facts.
3. No conformity defect can be claimed, if the consumer, upon stipulation of the contract, was aware of the defect, could not ignore it with ordinary due diligence or if the conformity defect derives from instructions or materials supplied by the consumer.
4. The seller is not bound by public declarations as set forth by par. 2, letter c), when, also alternatively, he proves that:
a) was not aware of the declaration and could have not been aware with ordinary due diligence;
b) the declaration was properly amended by the time the contract was stipulated, so as to be available to the consumer;
c) the decision to purchase the consumer good was not influenced by the declaration.
5. The conformity defect derived from the improper installation of the consumer good is considered conformity defect of the good when installation is included in the sale contract and was executed by the seller or under his liability. Said condition also applies in case the product, conceived to be installed by the consumer, is installed by the latter improperly due to lack of installation instructions.
ART. 130 (1)
1. The seller is liable towards the consumer for any conformity defect that is present when the product is delivered.
2. In case of conformity defect, the consumer is entitled to have the product conformity reinstated through repair or replacement, pursuant to par. 3, 4, 5 and 6, or to a suitable price reduction or termination of the contract, in accordance to par. 7, 8 and 9.
3. The consumer can request to the seller, at his discretion, to repair the product or replace it without costs in both cases, unless the requested solution is objectively impossible or excessively pricy compared to the other.
4. For purposes of par. 3, one of the two solutions is considered excessively pricy if implies unreasonable costs for the seller compared to the other measure, in view of:
a) the value that the product would have, if free of conformity defect;
b) the entity of the conformity defect;
c) possibility to implement the alternative solution without inconveniences for the consumer.
5. Repairs or replacements shall be executed within a suitable timeframe from the claim, without causing significant inconveniences for the consumer, keeping in consideration the nature of the product and scope for which the consumer has purchased it.
6. The fees indicated in par. 2 and 3 refer to essential costs to reinstate product conformity, in particular with regards to shipping, labour costs and costs for materials.
7. The consumer can request at his discretion, a pertinent price reduction or termination of the contract, should one of the following situations occur:
a) repair and replacement are not possible or excessively pricy;
b) the seller did not repair or replace the product within the term set forth by par. 5;
c) the repair or replacement previously executed caused significant inconveniences for the consumer.
8. The use of the product is kept in consideration when determining the price reduction or sum to reimburse.
9. After claiming a conformity defect, the seller can offer any other possible solution to the consumer, with the following effects:
a) in case the consumer has already requested a specific remedy, the seller is bound to implement it, with the necessary duties in terms of respecting the timeframes set forth by par. 5, unless the consumer accepts the proposed alternative method;
b) if the consumer has not requested a specific solution, this shall accept the proposal or refuse it by choosing another remedy as forth by this article.
10. A conformity defect of small entity for which repair or replacement is not possible or excessively pricy, does not entitle to terminate the contract.
(1) Article amended by Legislative Decree no. 221 of 23rd October 2007.
Right of recourse
1. The final seller, when liable towards the consumer for a conformity defect ascribable to an action or omission of the manufacturer, a previous seller of the same distribution chain or any other intermediary, is entitled to the right of recourse, unless otherwise agreed or waived, towards the liable subject or subjects belonging to the afore-cited distribution chain.
2. The final seller who implemented the solutions requested by the consumer is entitled to recourse, within one year from executing the service, against the liable subject or subjects to obtain refund.
1. Pursuant to art. 130, the seller is liable when the conformity defect occurs within two years from delivering the product.
2. The consumer loses his rights set forth by art. 130, par. 2, if he does not report the conformity defect to the seller within two months from discovering it. It is not necessary to report the defect if the seller acknowledged the existence of the defect or hid it.
3. Unless otherwise proven, it is presumed that conformity defects that occur within six months from the delivery of the product were already present on such date, unless said hypothesis is not compatible with the nature of the good or type of conformity defect.
4. The action aimed at acknowledging the defects not wilfully hidden by the seller is prescribed in any case, within twenty six months from the delivery of the product; the consumer, summoned for the execution of the contract, can anyhow exercise his rights set forth by art. 130, par. 2, provided that he claimed the conformity defect within two months from discovering it, and prior to the expiry of the term set forth by the previous point.
1. The conventional warranty binds who offers it, according to the modalities set forth by the same warranty declaration or relative advertising.
2. The party offering the warranty shall indicate at least the following information:
a) specify that the consumer holds the rights set forth by this paragraph and the warranty grants said rights;
b) clearly and comprehensibly, the object of the warranty and essential elements to enforce it, including expiry, territory of the warranty, name or company and domicile or address of the party offering it.
3. Upon request of the consumer, the warranty shall be available on hard-copy or on another durable support that can be accessed by the latter.
4. The warranty shall be drawn up in Italian with clear characters as other potential languages.
5. A warranty not compliant with the requirements set forth by par. 2, 3 and 4 remains anyhow valid and the consumer can continue relying on and enforcing it.
Binding character of the provisions
1. Any agreement prior to the disclosure of the conformity defect to the seller, aimed at excluding or limiting, also indirectly, the rights set forth by this paragraph, is null. Nullity can be enforced only by the consumer and ascertained legally, by a judge.
2. In case of second-hand products, the parties can limit the term of the liability set forth by art. 1519-sexies, first paragraph, Civil Code, to a period of not less than one year, in any case.
3. Any contract clause that foresees the application of laws of an extra-EU Country to the contract, with the aim to hinder the protection ensured by this paragraph to the consumer, is null, in case the contract is closely related to the territory of a member State of the European Union.
Protection pursuant to other provisions
1. The provisions set forth by this paragraph do not exclude neither limit the rights attributed to the consumer by other provisions set forth by law.
2. For any matter not foreseen in this paragraph, reference is made to the provisions set forth by the Civil Code on sale contracts.