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LEGAL GUARANTEE OF CONFORMITY

All products sold on the site cellularline.com/it (“Site”) are covered by the legal guarantee of conformity envisaged in articles 128-135 of the Consumer Code (“Legal Guarantee”).

Who is the Legal Guarantee for

The Legal Guarantee is for consumers (see article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005 - “Consumer Code”). It therefore applies only to users who have made a purchase from the site for purposes not related to any business, commercial, artisanal or professional activity carried out. Subjects who have made a purchase from the Site and are not consumers, as defined above, will be covered by warranties against defects of sold items, warranties against defects concerning promised, essential qualities and other warranties envisaged by the Civil Code with relative terms, validities and limitations.

When does the Legal Guarantee apply

The seller, and, therefore, as regards purchases made from the site, DataExpert s.r.l. (“DataExpert”) 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 said delivery. In order for the guarantee to be valid, the lack of conformity must be notified to the seller within two months from the date when it is discovered.

Unless proven otherwise, it is assumed that a lack of conformity occurring within six months from delivery of the product already existed at the date of delivery, unless this assumption is not compatible with the nature of the product or with the nature of the lack of conformity. As from the seventh month following delivery of the product, the consumer will be responsible for proving that the lack of conformity already existed at the time of delivery.

To use the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the good. For this purpose, the user should therefore keep the email confirming the order or purchase invoice, if requested or the transport document or any other document that can certify the date when the purchase was made (for example a credit card or bank account statement) and the date of delivery.

What is a lack of conformity

A lack of conformity exists, when the purchased good:
  1. is not suitable for its intended use;
  2. does not conform to the description given by the seller and does not have the quality of the good the seller presented to the buyer as a sample or model;
  3. does not have the quality and performance which are customary of the type of good, which the consumer may reasonably expect, also considering statements made in advertising or on labelling;
  4. is not suitable for the particular use required by the consumer and made known to the seller on stipulation of the contract and to which the seller agreed.

The Legal Guarantee does not therefore cover any failures or malfunctions caused by accidental events or the responsibility of the user or by a use of the product which does not conform to its intended use and/or use indicated in technical documentation attached to the product.

Remedies available to the user

In the case of a lack of conformity duly notified within deadlines, the user is entitled:
 
  • firstly, to the free replacement or repair of the good, as decided by the user, unless the remedy requested is objectively impossible or too expensive compared to another remedy;
  • secondarily (if the repair or replacement is impossible or too expensive or the repair or replacement is not carried out within appropriate times, or a previous repair or replacement has caused considerable inconvenience for the consumer), to a reduction in the price or termination of the contract, as decided by the user.
The requested remedy is too expensive if the seller has to bear unreasonable expenses compared to alternative remedies that may be adopted, considering: (i) the value the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) any alternative remedy that may be adopted without considerable inconvenience to the consumer.

What to do in the case of a lack of conformity

If, during the validity of the Legal Guarantee, a product purchased on the Site appears to have a lack of conformity, the user may contact Customer Service, through the contacts indicated in the section “Contacts” of the Site, and in article 18 of the General Terms of Sale or directly follow the procedure indicated below. In all cases, regardless of whether the user purchased the product as a registered or unregistered user, the user must:
  • (i) compile the form to exercise the legal guarantee, available on the Site at the bottom of the page (“Legal Guarantee Application Form”) and send it to DataExpert by email, to the address indicated in article 18, and in the form itself, if available, following the guided procedure indicated on the Site, at the bottom of this page 
  • (ii) send, together with the Legal Guarantee Application Form, photographic documentation supporting the request if the defect is visible, or, if the defect is not visible, a detailed description of the defect; (iii) send a copy of the order confirmation and/or invoice, if requested, together with the Legal Guarantee Application Form. DataExpert will promptly follow up the notification of the alleged lack of conformity and if, based on received documentation, it considers there are grounds to suspect the lack of conformity exists, without affecting the user’s statutory rights, or DataExpert’s rights to establish that the lack of conformity does not exist, DataExpert will send a code to the user (“Legal Guarantee Return Code”) to put in the parcel together with the Product in question and will contact the user to agree on collection of the Product, at the expense of DataExpert. 
  • After receiving the Legal Guarantee Return Code, the user must:
    o (i) put this code on the copy of the Legal Guarantee Application Form;
    o (ii) put the form in the parcel together with the Product in question;
    o (iii) deliver the parcel (containing the Product in question and the Legal Guarantee Application Form compiled with the Legal Guarantee Return Code) to the courier sent by DataExpert on the agreed on day and at the agreed on time.
After receiving the Product in question, DataExpert will check whether or not there is a lack of conformity. If the lack of conformity exists:
a)    and the remedy is to repair the Product, DataExpert will repair the product, also through third parties and, specifically, Cellular Line, at its expense, and will deliver the repaired product to the user within a maximum of 60 business days from when it was notified of the lack of conformity by receiving the Legal Guarantee Application Form;

b)    if the remedy is to replace the product, DataExpert will terminate the purchase agreement and reimburse the Total Amount Due paid by the user, using the same payment method as the initial transaction, within a maximum of 60 business days from when it was notified of the lack of conformity by receiving the Legal Guarantee Application Form; the user shall therefore place a new order through the site, for the replacement product, paying for it according to procedures indicated on the Site; DataExpert will therefore deliver the replacement product to the user, at its own expense, according to the delivery times indicated during the purchase procedure, and will reimburse the user for Delivery Costs of the replacement product order, giving a voucher for the same amount; this purchase voucher will be given to the user through a customised code, that will be sent to the user by email within 15 days from when it may be issued, and may be spent on the Site within [3] months from the amount being credited.

If, instead, DataExpert received the Product in question and considers, after checks, that the lack of conformity does not exist, it will notify the user by email and contact him/her to agree on the times for collection or delivery of the Product that will be overseen by and at the expense of the user, without affecting the user’s statutory rights.

 
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