Legal guarantee of conformity
All Products purchased through the website www.orangeshop.it enjoy the legal guarantee of conformity pursuant to the Consumer Code and the Civil Code, as applicable.
For each Product purchased by a Professional Customer (i.e. a natural or legal person acting in the exercise of his own business, commercial, craft or professional activity, or his intermediary), the latter will benefit from the guarantee for defects in the thing sold referred to in art. 1490 and ss. c.c .; the action of the Professional Customer aimed at enforcing the guarantee for defects is prescribed after 1 (one) year from the delivery of the purchased Product and the relative defects must be reported under the terms of art. 1495 of the Italian Civil Code
For each Product purchased by a Consumer Customer, the latter will benefit free of charge from the legal guarantee of conformity ("Legal Guarantee") provided for in articles 128 et seq. of the Consumer Code.
The legal guarantee payable by the seller applies to defects of conformity that occur within 24 months from the date of delivery of the Product and that are reported by the consumer within 2 months from the date of discovery of the defects themselves, in accordance with art. 132 of the Consumer Code.
It should be noted that a lack of conformity exists when one of the following situations occurs: (i) the product is not suitable for the use to which it must be used habitually; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not o_the usual quality and performance of an asset of the same type; (iv) 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.
The Consumer Customer will in any case remain the owner of the rights deriving from the Legal Guarantee described above, regardless of the signing of other conventional guarantees, free or paid.
Remedies available to the Consumer Customer
In the event of a lack of conformity, the Consumer Customer may request, at his choice, the repair of the Product or its replacement, unless the remedy requested is objectively impossible or excessively burdensome compared to the other in accordance with the provisions of art. 130 paragraph 4 of the Consumer Code.
In particular, a remedy is to be considered excessively burdensome if it imposes unreasonable costs on the seller compared to the other, taking into account:
(i) the value that the asset would have if there was no lack of conformity;
(ii) the extent of the lack of conformity;
(iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer Customer.
Vemas, in order to provide a high-level and absolutely transparent after-sales service, undertakes, on a voluntary basis, to have the defective Product carried out or replaced within 40 (forty) days from the request for warranty assistance. Alternatively, the Consumer Customer may request, at his choice, an appropriate reduction in the price or the termination of the contract, if one of the following situations occurs:
(i) the repair or replacement is impossible or excessively expensive;
(ii) Vemas has not repaired or replaced the Product within the term of 40 (forty) days;
(iii) the replacement or repair previously carried out has caused significant inconvenience. A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
After Vemas has received the complaint of the lack of conformity, it reserves the right to offer the Consumer Customer any other available remedies, with the following effects:
(i) if the Consumer Customer has already requested a specific remedy, Vemas will remain obliged to implement it, with the necessary consequences with regard to the expiry of the 40 (forty) day term referred to above, unless the Consumer Customer accepts the proposed alternative remedy;
(ii) if the Consumer Customer has not already requested a specific remedy, he will have to accept the proposal or reject it by choosing another of the remedies provided by law.
Cases of exclusion of the Legal Guarantee
The Consumer Customer will not have the right to repair, replace, reduce the price or terminate the Contract in relation to any Product or any component identified as defective if, unless otherwise provided and in accordance with the applicable law:
(i) the Products have been repaired or altered by persons other than the manufacturer, Vemas or any other authorized person; and / or
(ii) the lack of conformity of the Product or Products has manifested itself furtherthe term of 2 (two) years from the delivery of the same Product and / or the related request for repair or replacement of the defective Product or of the defective Products has been sent after 2 (two) months from the discovery of the defect; and / or
(iii) the defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation, performed by persons other than the manufacturer, Vemas or any other authorized person - or failure to comply with the instructions provided by the manufacturer or other instruction provided by Vemas together with the delivered Products; and / or
(iv) at the time of the conclusion of the Contract, the Consumer Customer was aware of the defect and could not ignore it with ordinary diligence; and / or
(v) the lack of conformity derives from instructions or materials provided by the Consumer Customer.
Operating procedures for enforcing the Legal Guarantee
The Legal Guarantee must be asserted directly against Vemas, if the latter acts as the seller of the defective Products, and precisely in the case of the sale of Products for which the relevant Contract provides for the delivery of the Product to home (at an address indicated by the Customer ).
The Legal Guarantee can be enforced:
- By phone or by e-mail. Alternatively, the Customer can contact Customer Service by phone at +39 392.3621.319 or send their request to email@example.com stating Name and Surname, item code, type of defect.
The staff will provide the Customer with the necessary information regarding the conditions and procedures for the use of the Legal Guarantee.
Vemas, as appropriate, generally makes use of specialized technical assistance centers for repairs on the Products it sells or for the evaluation of the conditions for their replacement under warranty.