LEGAL GUARANTEE ON CONSUMER GOODS
Each product sold by Bottero Ski s.r.l. to a "consumer" buyer is assisted by the legal guarantee on consumer goods, which covers conformity defects that occur within 24 months from the date of delivery of the goods.
What is legal guarantee?
The Consumer Code (Legislative Decree No. 206/2005) in Art. Regulation (128)135 requires the seller to ensure that consumers comply with the characteristics and qualities offered. The seller is therefore responsible for the conformity defects that exist at the time of delivery of the goods for all products sold in its stores.
What is the lack of conformity?
The lack of conformity exists when the product:
- is not suitable for the use to which it must normally serve;
- does not conform to the description or does not possess the qualities presented by the seller;
- it does not offer the usual qualities and performance of an asset of the same type;
- it is not suitable for the particular use desired by the consumer, if brought to the knowledge of the seller at the time of purchase and accepted by the seller.
Who are entitled to the Legal Guarantee?
The Legal Guarantee protects only the "consumer", that is, the natural person who, having purchased a product, acts for purposes unrelated to the entrepreneurial, commercial, artisanal or professional activity that may be carried out and therefore does not apply to products purchased with invoice and VAT by professionals and companies.
How long does the legal guarantee last?
The legal guarantee has a duration of 2 years from the date of delivery of the goods, regardless of the existence of other possible guarantees issued by the manufacturer and the duration of the same.
The lack of conformity covered by the legal guarantee that occurs within this period must still be reported by the consumer within 2 months from the date of discovery of the defect.
Unless proven otherwise, it is assumed that conformity defects occurting within 6 months of delivery of the goods already existed on that date unless such a hypothesis is incompatible with the nature of the good or the nature of the lack of conformity.
What are the consumer's rights?
In the event of a lack of conformity duly reported within the time limits, the consumer shall be entitled to the restoration by the seller, without charge, of the conformity of the goods by repair or replacement, or to an adequate reduction in the price or termination of the contract.
In particular, the consumer is entitled to:
- repair or replacement of the asset, of its choice, unless the remedy required is impossible or excessively burdensome compared to the other;
- the remedy required is "excessively onerous" when it imposes unreasonable costs on the seller in relation to alternatives, taking into account the value of the intact good, the extent of the defect and the possibility of resorting to alternative remedies without significant inconvenience to the consumer;
- in the alternative (where the first two remedies are impossible or excessively onerous, or have not been carried out within a reasonable time, or previous repairs or replacements have caused significant inconvenience to the consumer), to request a reduction in the price or the termination of the contract.
Further clarification for the consumer
Who should the consumer contact to enforce the Legal Guarantee of Conformity?
The consumer can assert his rights in the field of legal guarantee of conformity by contacting the seller of the property – i.e. Bottero Ski S.r.l..
What is the conventional warranty and how does it differ from the Legal Guarantee?
In addition to the Legal Guarantee of Conformity to which the seller is directly bound, the asset can also be covered by a "conventional guarantee of the manufacturer", which is precisely the independent commitment of the same manufacturer, made to the customer, to replace, repair, or otherwise intervene on the good, if it does not correspond to the conditions set out in the warranty declaration.
The manufacturer's conventional warranty, whether paid or free, does not replace or limit the Legal Compliance Guarantee described above, so the customer can choose whether to use one or the other;
this conventional warranty may have a different duration and extension than the Legal Compliance Guarantee, as specified in the instruction booklet of the individual product purchased.
What to do if there is a lack of compliance?
To receive warranty assistance on the products sold, you can contact Customer Service at +39 017192275.
If it turns out that the problem stems from a lack of conformity, a file will be opened in your name and you will be assigned a code for the free repair or replacement under warranty of the defective product.