LEGAL WARRANTY OF CONFORMITY
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee).
More precisely, the guarantee regime on the products sold by Gioielleria Amantia & Figli S.r.l. it differs depending on whether the buyer is a "consumer" or a "professional" within the meaning of Directive 1999/44/EC concerning "certain aspects of sales contracts and guarantees concerning consumer goods".
If you buy as a "consumer", you benefit from the legal guarantee of conformity to which the seller is required by law on all goods sold ("Legal Guarantee").
The Legal Guarantee - held by Gioielleria Amantia & Figli S.r.l. as seller - guarantees the goods against lack of conformity with the sales contract.
TO WHOM IT APPLIES
The Legal Guarantee, therefore, is reserved for consumers. Therefore, it is applied only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not qualify as consumers will be covered by the guarantee for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.
WHEN IT APPLIES
The seller (and, therefore, as regards purchases made on the Website www.amantia.it) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
The guarantee is therefore valid, provided that the following conditions are met:
- the defect occurs within 24 months from the date of delivery of the products;
- the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter, unless this is in conflict with the prevailing mandatory rules of the country of habitual residence of the Customer;
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, you will therefore first need to provide proof of the date of purchase and delivery of the goods. Therefore, for the purposes of this proof, it is advisable that you keep the purchase invoice or any other document that can certify the date of the purchase (for example the credit card statement) and the date of delivery .
WHAT IS THE DEFECT OF CONFORMITY
There is a lack of conformity when the purchased good:
- it is not suitable for the use for which goods of the same type are normally used;
- does not conform to the description given by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model;
- does not have the usual qualities and performance of a product of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling;
- it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the Contract and which the seller has accepted.
Any failures or malfunctions or defects of any other type caused by accidental events or by your responsibility or by use of the product that does not comply with its intended use and/or with the provisions of the attached technical documentation are therefore excluded from the scope of the Legal Guarantee to the product, where existing, or in the instructions for use relating to the same. As for watches, accessories such as the band, case and glass are generally not covered by the warranty.
We also remind you that although Gioielleria Amantia & Figli S.r.l. constantly adopt measures aimed at ensuring that the photographs of the products shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of your computer. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations are merely for illustrative purposes.
WHAT TO DO IN THE PRESENCE OF A DEFECT OF CONFORMITY
In the event of a lack of conformity duly reported within the terms, you will have the right:
Primarily, the free repair or replacement of the goods, at your choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other and, therefore, in the specific case, considering the type of sale, the replacement, where this is possible in relation to the number of specimens still available for sale;
Secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused considerable inconvenience to the consumer) to the reduction of the price or upon termination of the Agreement, at your choice.
An excessively onerous remedy is understood as one that imposes unreasonable expenses on the seller compared to the alternative remedies that can be tried, taking into account
(i) the value that the goods would have if there were no lack of conformity; (
ii) the extent of the lack of conformity;
(iii) of the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL WARRANTY
In the event of termination of the Contract, Gioielleria Amantia & Figli S.r.l. will return the Grand Total paid to you. In the event of a price reduction, Gioielleria Amantia & Figli S.r.l. will return the previously agreed amount of the reduction.
The refund or reduction amount will be communicated to you via email and credited to the chosen payment method or solution.
In particular, in the event of non-compliance, the Customer who has entered into the Contract as a Consumer will have the right to obtain the restoration of conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the Contract in relation to the disputed goods and the consequent refund of the price
The exchange or refund of a product with obvious manufacturing defects will be possible within 7 (seven) days of receipt of the same, beyond these times, if the item falls within the specifications of the assistance centers (different for each brand) it can be brought to warranty repair. The times for repairs under warranty vary according to the product brands and can vary from 45 to 60 working days.