The legal guarantee must be provided by the vendor and is regulated by articles 130 and 132 of the Consumer Code. On the other hand, the commercial guarantee is provided by the manufacturer.
The legal guarantee lasts two years. The duration of the commercial guarantee is determined by the manufacturer which can decide to extend it by a year, two, three or even five years.
Goods have a conformity defect if they are: unsuitable for normal use or for the purpose usually served by that type of goods; unsuitable for the particular use desired by the consumer, if he or she has informed the vendor about it; not corresponding to the description made by the vendor; lacking the common qualities of a good of the same type that the consumer can reasonably expect, taking into account the nature of the good, or eventual public declarations about the specific characteristics of the product made by the vendor, the manufacturer or their agents or representatives.
In order not to lose the right to the guarantee, the consumer must communicate the conformity defect of the good within a two-months’ period of the discovery of the defect.
In order to exercise the right to the guarantee, it is enough to contact the vendor of the good, which is the only responsible party for the conformity of the good to the consumer.
The provisions related to the right to the guarantee are binding: any contrary pact is considered void.
The guarantee may not be provided by the vendor only when:
the remedy is objectively impossible; the remedy to the nonconformity of the product is excessively burdensome. Any consumer good subject to a sales transaction between the vendor and the consumer, regardless of the method and the modality in which the purchase has been carried out.
However, the cover does not apply to:
goods subject to a forced sale or sold in another way by the judiciary authority; water and gas, if not packaged for sale; electric energy.
The guarantee applies also to used goods. However, the vendor’s guarantee for this type of goods does not apply to defects deriving from the normal use of the good and the time of the prior use must be taken into account.
The answers you find in the Garanteasy FAQ are the result of the activity of internal experts, but cannot take into account the many possible strategic and methodological choices of Sellers and Producers. These responses therefore have only an address function, allowing the User to have the first general information.
The answers represent the solutions provided by the consumer legislation and where they are missing, the uses and practices of the commercial sector.
Therefore, Garanteasy does not assume any responsibility for disputes that may arise from the application of the answers to the FAQs to specific cases.
The internal experts of Garanteasy remind you that, for the resolution of individual concrete cases, it is necessary to refer to the Regulations in force and to the official Warranty documentation issued by Sellers and Manufacturers.