1. What is the legal guarantee

The legal guarantee of conformity is provided for by the Consumer Code (articles 128 et seq.) And protects the consumer in the event of the purchase of defective products, which malfunction or do not respond to the use declared by the seller or to which that good is generally intended.

2. Against whom it can be asserted
The consumer can assert his rights regarding the legal guarantee of conformity by contacting the seller of the goods directly, even if different from the manufacturer.

3. Content of the legal guarantee
In the presence of a lack of conformity, the consumer has the right, at his choice, to the repair or replacement of the defective goods by the seller, without charge, unless the requested remedy is impossible or excessively expensive compared to the other. If replacement or repair is not possible, the consumer still has the right to a price reduction or to have a sum back, commensurate with the value of the goods, against the return of the defective product to the seller.

4. Duration of the legal guarantee
The legal guarantee lasts two years from the delivery of the goods and must be asserted by the consumer within two months from the discovery of the defect: it is therefore necessary to always keep the proof of purchase (tax receipt or receipt of which it is advisable to make a photocopy immediately because the cards receipts may become discolored over time) The clauses inserted by professionals in contracts or general conditions of contract with consumers that limit the duration of the legal guarantee or exclude it may integrate unfair clauses pursuant to article 33, paragraph 2, letter b) , of the Consumer Code.

5. Seller’s obligations
The seller must:

  • take delivery of the defective product to verify whether or not the malfunction is due to a lack of conformity. Particularly: (i) for defects that occur in the first six months from the date of delivery of the product, verification is always the responsibility of the seller as it is assumed that they existed at the time of delivery; (ii) subsequently, only in the event that the malfunction does not depend on a lack of conformity, the consumer can be asked to reimburse the cost – reasonable and previously indicated – that the seller has incurred for the verification;
  • having found the lack of conformity, carry out the repair or replacement of the goods within a reasonable time from the request and without charging the consumer with expenses.

6. Difference between legal guarantee and conventional guarantees
The conventional guarantees, free or paid, offered by the manufacturer or the retailer, do not replace or limit the legal guarantee of conformity, with respect to which they may have different scope and / or duration. Anyone who offers conventional guarantees must always specify that these are different and additional guarantees with respect to the legal guarantee of conformity that protects consumers.

7. The powers of intervention of the Antitrust
The behavior of retailers or producers that mislead the consumer as to the existence or methods of exercising the legal guarantee of conformity, or hinder its exercise, may constitute unfair commercial practices, prohibited and sanctioned by the Consumer Code. In this case, the Antitrust Authority can intervene, to protect the consumer, by ascertaining the violation, imposing the cessation of the conduct contrary to the law, sanctioning the responsible subjects up to a maximum of 5,000.0000 euros. The Antitrust Authority can also accept company commitments, without ascertaining any infringement, if they have a positive impact for consumers. However, it cannot resolve individual disputes. Finally, the Authority can ascertain the unfairness of clauses included in contracts or general contract conditions between professionals and consumers that limit the duration of the legal guarantee of conformity or exclude it entirely, arranging for the adoption of measures to adequately inform consumers.