Italiano
RESPONSIBILITY OF THE SELLER
• The seller is responsible for the consumer of any lack of conformity existing at the time of delivery of the goods performed pursuant to Article 61 of the Consumer Code and manifested within two years from that moment.
• You can file a complaint for any original defect of the product that occurs within two years of delivery of the product (the period of liability) and which is not available at the time of purchase.
• The lack of conformity exists when the product is not suitable for use to which it must normally serve, does not conform to the description or does not possess the quality promised by the seller, does not offer the usual qualities and performance of a good of the same type, 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 (art. 129 of the Consumer Code).
• The lack of conformity manifested within 24 months of the date of purchase of the goods must be reported within 2 months following the date of discovery of the defect.
• Unless otherwise proved, it is assumed that the defects of conformity that manifest within a year from the delivery of the goods already existed at that date (art.135 Consumer Code).
• In the event of a lack of conformity, the consumer has the right to restore the conformity of the goods by repair or replacement (Art. 135-bis of the Consumer Code).
• The consumer may, in his choice, ask the seller to repair the goods or replace it, without cost in both cases, unless the remedy required is objectively impossible or excessively expensive. Repairs or replacements must be carried out within a reasonable period from the request of the Consumer (Art. 135 bis and 135 ter Consumption Code).
• If within the maximum period of 60 days Marchisio Bici s.r.l. not able to return the repaired product, the consumer may request one of the alternative remedies (resolution of the contract or reduction of the price – art 135 quater Consumer Code).
• The right of complaint ends once the two-year period of responsibility for new products and one year for used products has been spent.
PROCEDURE FOR RECLAMO
If you want to claim a product, you must:
1. contact our customer service at the address info@marchisiobici.it.
2. once the product object of the complaint has been evaluated and we have established that the claim is valid, we will treat it in accordance with the applicable law. This means that the fault will be eliminated or that we will replace the defective product with a new one. If neither of the two options is possible, you will have the right to request a reduction in the price corresponding to the defect or to cancel the purchase in accordance with current legislation.
3. we have the right to refuse a complaint if it turns out that the product is not defective under law.
4. in case we need to get the product back, our return address is: Marchisio Bici S.r.l., Loc. Piangiaschi 19/A, 17017 Millesimo (SV).
5. in disputes with private individuals, we will stick to the decisions of alternative dispute resolution bodies. In Italy you can contact National Institute for Mediation and Arbitration - INMEDIAR, www.inmediar.it.
6. the private consumer can file a complaint also through the EU online dispute resolution platform, which you can find here. Any disputes may also be submitted to the Court of First Instance in relation to the residence or domicile of the Consumer, according to the criteria of territorial jurisdiction imposed by the Consumer Code.
RESPONSIBILITY FOR DANNI
In case of defects of the product or delays in delivery, we will be responsible for any damage suffered by the customer due to the defect or delay, in accordance with the mandatory legislation on consumer protection. However, we will be liable for damage only to the extent that you have taken reasonable steps to limit your loss. We are therefore not responsible for the damage that the customer could have avoided by taking reasonable measures.
We are not responsible for the damage caused by unforeseen circumstances outside our control, such as wars, strikes, pandemics or natural disasters, which we cannot reasonably foresee (force greater). If we are prevented from fulfilling our obligations under the contract or these Terms and Conditions of Purchase by force majeure, you have the right to terminate the contract in accordance with the Consumer Code.
CONVENTIONAL GUARANTEES
Regardless of the responsibility of the seller referred to in the points preceding the manufacturer of the purchased goods may provide an additional guarantee concerning the durability of the goods over time (Art. 135-quinquies Consumer Code).
When a manufacturer offers the consumer a conventional guarantee concerning the durability of certain goods within a given period of time the manufacturer is directly responsible for the consumer during the entire period of warranty period for repair or replacement of goods in accordance with Article 135-ter. In the conventional guarantee declaration of durability the manufacturer can offer the consumer more favourable conditions.
If the conditions laid down in the conventional guarantee declaration are less advantageous to the consumer than the conditions laid down in the relevant advertising, the conventional warranty shall bind according to the conditions laid down in the advertising relating to the conventional guarantee. The conventional warranty statement is provided to the consumer on durable support at the latest at the time of delivery of goods.