SELLER'S LEGAL WARRANTY


 

All the products you buy from Smart Devices s.r.l., even those not under the Smart Devices s.r.l. brand, are covered by the seller's two-year legal warranty provided for by the Consumer Code (Legislative Decree No. 206 of 6 September 2005).

 

Pursuant to articles 128 to 135 of the Consumer Code, consumers have the right, among other things, to obtain from the seller the free repair or replacement of products that show a lack of conformity within 24 months following the delivery date. The defect must be reported within 2 months of discovery.

 

This page contains:

- An “EXPLANATORY NOTE ON CONDITIONS FOR

REQUEST / OBTAIN REMEDIES UNDER THE LEGAL GUARANTEE "

which clarifies what should be done in case a product purchased from Smart Devices s.r.l. present a defect; 

and

- The full text of articles 128 to 135 of the Consumer Code


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EXPLANATORY NOTE ON THE CONDITIONS FOR APPLYING / OBTAINING THE REMEDIES UNDER THE LEGAL WARRANTY
 

  • Who has the right to request the application of the legal guarantee under the Consumer Code?

Only consumers - or natural persons who have purchased a product for use not related to a commercial, entrepreneurial or professional activity - can benefit from the legal guarantee. Therefore, invoices bearing the VAT number of a company or a professional do not give the right to the rights under the legal guarantee.

 

  • How / when is it possible to request the application of the remedies of the legal guarantee?

Pursuant to the Consumer Code, a consumer can request the seller of a product to apply the remedies of the legal guarantee for lack of conformity that occurred in the 24 months following the delivery of the product. The consumer must report the defect within 2 months of discovery. Consumers can request the application of the remedies of the legal guarantee, providing proof of purchase (eg receipt) of the product. It is therefore important to always keep the receipt relating to the purchase of the product.

 

  • What is a lack of conformity?

Pursuant to Article 129 of the Consumer Code, a product has a lack of conformity if it is not suitable for the use to which products of the same type are normally used, if it does not comply with the seller's description in terms of quality or performance, or if it does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect taking into account the nature of the product.

 

  • What to do in practice in the event of a defect in a purchased product?

What to do in practice in the event of a defect in a purchased product?

In the event that a consumer discovers that a product purchased from Smart Devices s.r.l. has a lack of conformity, you can contact Smart Devices s.r.l. by email to support@securekey.it.

 

Smart Devices s.r.l. will assist the consumer in verifying that the conditions set out in the Consumer Code are met. If the problem cannot be solved by telephone and / or if the product requires a technical diagnosis in order to verify the actual existence of a lack of conformity, the consumer must send the product to the Smart Devices s.r.l. service center.

 

If it is ascertained that the conditions established by the Consumer Code are met, the consumer can request Smart Devices s.r.l. to obtain free repair or replacement of the defective product, unless the requested remedy is objectively impossible or excessively expensive compared to the other, in consideration of the value of the product, the nature of the lack of conformity and the possibility of implementing a remedy alternative without significant inconvenience to the consumer.

 

If the repair or replacement of the product is impossible, excessively expensive, takes too long or can cause significant inconvenience to the consumer, the latter is entitled to a full or partial refund of the price upon return of the product.

 

  • Diagnosis, assistance and related costs

When a product purchased on Smart Devices s.r.l. is entrusted to Smart Devices s.r.l. for a diagnosis, the consumer will receive an assistance receipt that will identify the consumer and the product, which can be used to contact the Smart Devices s.r.l. and check the status of the intervention.

 

In the event that the diagnosis ascertains that the product has a lack of conformity (i.e. that the conditions provided for by the Consumer Code are met), the consumer will be informed of the estimated repair time.

 

In the event that the diagnosis ascertains that the conditions set out in the Consumer Code are not met (for example if the defect is a consequence of incorrect use of the product by the consumer), Smart Devices s.r.l. will contact the consumer to inform him of the nature of the defect and the estimated repair costs. These costs will be entirely borne by the consumer. Furthermore, in some cases, the consumer may be required to pay the costs for the diagnosis made. These costs will be communicated to the consumer in advance, when the product is delivered for diagnosis.

 

In cases where the legal guarantee does not apply, Smart Devices s.r.l. will require the consumer to approve the repair cost estimate before the work is commenced.

 

Liquid damage is not covered by Smart Devices s.r.l.'s one year limited warranty. 

 

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FULL TEXT OF ARTICLES 128 TO 135 OF THE CONSUMER CODE

 

TITLE III Legal guarantee of conformity and commercial guarantees for consumer goods

 

CHAPTER I. The sale of consumer goods

 

Article 128

Scope and definitions

 

1. This chapter governs certain aspects of sales contracts and guarantees concerning consumer goods. For these purposes, trade-in and supply contracts as well as tenders, work contracts and all other contracts aimed at supplying consumer goods to be manufactured or produced are equated to sales contracts.

 

2. For the purposes of this chapter, the following definitions apply:

 a) consumer goods: any movable goods, including those to be assembled, except:

1) goods subject to forced sale or otherwise sold in other ways by the judicial authorities, including by proxy to notaries;

2) water and gas, when not packaged for sale in a limited volume or in a specified quantity;

3) electricity;

b) seller: any public or private natural or legal person who, in the exercise of his business or professional activity, uses the contracts referred to in paragraph 1;

c) further conventional guarantee: any commitment of a seller or a producer, assumed towards the consumer without additional costs, to reimburse the price paid, replace, repair, or otherwise intervene on the consumer good, if it does not correspond to the conditions set out in the warranty statement or related advertising;

d) repair: in the event of a lack of conformity, the restoration of the consumer good to make it compliant with the sales contract.

 

3. The provisions of this chapter apply to the sale of used consumer goods, taking into account the time of previous use, limited to defects not deriving from the normal use of the thing.

 

Article 129

Compliance with the contract

 

1. The seller is obliged to deliver to the consumer goods that comply with the sales contract.

 

2. Consumer goods are presumed to comply with the contract if, where relevant, the following circumstances coexist:

a) they are suitable for the use for which goods of the same type are normally used;

b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model;

c) have the usual quality and performance of an asset of the same type as the the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer or his agent or representative, in particular in advertising or on labeling;

d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.

 

3. There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect he could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer.

4. The seller is not bound by the public statements referred to in paragraph 2, letter c), when, also alternatively, it proves that:

a) was not aware of the declaration and could not know it with the ordinary diligence;

b) the declaration has been adequately corrected by the time of the conclusion of the contract in order to be known to the consumer;

c) the decision to purchase the consumer good was not influenced by the declaration.

 

5. The lack of conformity resulting from the imperfect installation of the consumer good is equivalent to the lack of conformity of the goods when the installation is included in the sales contract and was carried out by the seller or under his responsibility.

 

6. This equation also applies in the case in which the product, conceived to be installed by the consumer, or installed incorrectly by the consumer due to a lack of installation instructions.


Article 130

Consumer rights

 

1. The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods.

 

2. In the event of a lack of conformity, the consumer has the right to have the conformity of the goods by repair or replacement, pursuant to paragraphs 3, 4, 5 and 6, or to an adequate reduction in the price or termination of the contract, in accordance with paragraphs 7, 8 and 9.

 

3. The consumer can ask the seller, at his choice, to repair the good or replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome compared to the other.

 

4. For the purposes referred to in paragraph 3, one of the two remedies is to be considered excessively burdensome if imposes unreasonable expenses on the seller in comparison to the other, taking into account:

a) the value that the asset would have if there was no lack of conformity;

b) the extent of the lack of conformity;

c) the possibility that the alternative remedy can be accomplished without noticeable inconvenience to the consumer.

 

5. Repairs or replacements must be made within a reasonable time from request and must not cause significant inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer purchased the good.

 

6. The expenses referred to in paragraphs 2 and 3 refer to the costs necessary to bring the i goods, in particular with reference to the costs incurred for shipping, for the hand of work and materials.

 

7. The consumer can request, at his choice, an appropriate price reduction or the termination of the contract if one of the following situations occurs:

a) repair and replacement are impossible or excessively expensive;

b) the seller has not repaired or replaced the goods by congruous term referred to in paragraph 5;

c) the replacement or repair previously carried out has caused considerable inconvenience to the consumer.

 

8. In determining the amount of the reduction or the sum to be returned, the use of the property is taken into account.

 

9. After reporting the lack of conformity, the seller can offer the consumer any other remedy available, with the following effects:

a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences regarding the expiry of the reasonable term referred to in paragraph 5, unless the consumer accepts the alternative remedy proposed;

b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy pursuant to this article.

 

10. 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.

 

Article 131

Right of recourse

 

1. The final seller, when he is liable towards the consumer due to a lack of conformity attributable to an action or omission of the producer, of a previous seller of the same distribution contract chain or of any other intermediary, has the right of recourse, unless otherwise agreed or waived, against the person or persons responsible belonging to the aforementioned distribution chain.

 

2. The final seller who has complied with the remedies made by the consumer, can act, within one year from the performance of the service, in recourse against the subject or subjects responsible to obtain the reinstatement of the loan.


Article 132

Terms

 

1. The seller is liable, in accordance with article 130, when the lack of conformity occurs manifests within two years from the delivery of the goods.

 

2. The consumer loses the rights provided for by article 130, paragraph 2, if he does not report to the seller the lack of conformity within two months from the date on which he discovered the defect. The report is not necessary if the seller has acknowledged the existence of the defect or has concealed it.

 

3. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months from delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.

4. The direct action to assert the defects not intentionally concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods; the consumer, whatever agreed for the execution of the contract, can however always assert the rights referred to Article 130, paragraph 2, provided that the lack of conformity has been reported within two months from the discovery and before the expiry of the term referred to in the previous period.


Article 133

Conventional warranty

 

1. The conventional guarantee binds whoever offers it in the manner indicated in guarantee declaration itself or in the relative advertising.

 

2. The guarantee must, by the person offering it, at least indicate:

a) the specification that the consumer is the holder of the rights provided for in this paragraph and that the guarantee itself does not affect these rights;

b) in a clear and understandable way the subject of the guarantee and the essential elements necessary to enforce it, including the duration and territorial extension of the guarantee, as well as the name or company and the domicile or registered office of the person offering it.

 

3. At the consumer's request, the guarantee must be available in writing or otherwise lasting support accessible to him.

 

4. The guarantee must be written in Italian with characters no less evident than those any other languages.

 

5. A guarantee that does not meet the requirements set out in paragraphs 2, 3 and 4 remains valid in any case and the consumer can continue to use it and demand its application.


Article 134

Imperative nature of the provisions

 

1. Any agreement prior to the communication of the lack of conformity to the seller is void to exclude or limit, even indirectly, the rights recognized by this paragraph. The nullity can only be asserted by the consumer and can be automatically detected by the

judge.

 

2. In the case of used goods, the parties may limit the duration of the liability referred to in article 132, first paragraph to a period of time in any case not less than one year.

 

3. Any contractual clause which, providing for the applicability to the contract of a legislation of a non-EU country, has the effect of depriving the consumer of protection ensured by this paragraph, where the contract presents a narrow one connection with the territory of a member state of the european union.


Article 135

Protection under other provisions

 

1. The provisions of this chapter do not exclude or limit the rights attributed to the consumer by other rules of the legal system.

 

2. For matters not covered by this title, the provisions of the civil code are applied.