NOTICE OF LEGAL WARRANTY OF CONFORMITY
All products sold on the following sites: www.untags.com (each a 'Site' and cumulatively the 'Sites') are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code ('Legal Guarantee').
To whom the Legal Warranty applies
The Legal Warranty is reserved 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 the purchase on the Sites for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out. Those who have purchased on the Sites and who do not have the status of consumers shall be subject to the warranties for defects in the thing sold, the warranty for defects in promised and essential qualities and the other warranties provided for by the Civil Code with the relevant terms, forfeitures and limitations.
When the Legal Warranty applies
The seller, and therefore, as far as purchases made on the Sites are concerned, T-Data S.r.l. ("T-Data S.r.l.") is liable to the consumer for any conformity defect existing at the time of delivery of the product and manifesting itself within two years from such delivery. The conformity defect must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless proven otherwise, defects of conformity that become apparent within six months after delivery of the product shall be presumed to have already existed on that date, unless such a presumption is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month following delivery of the product, on the other hand, it will be the consumer's burden to prove that the conformity defect already existed at the time of delivery of the product.
In order to benefit from the Legal Warranty, the user must therefore first provide proof of the date of purchase and delivery of the good. It is therefore advisable for the user, for the purposes of such proof, to keep the order confirmation e-mail or the purchase invoice, if requested, or the transport document or any other document that can attest to the date of making the purchase (e.g. credit card statement or bank statement) and of delivery.
What is a lack of conformity
A lack of conformity exists when the purchased goods
1. is not fit for the use for which goods of the same type are normally used
2. does not conform to the description made by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model
3. does not possess the qualities and performance which are usual for goods of the same type and which the consumer can reasonably expect, having regard also to the statements made in advertising or labelling
4. is not fit for the particular purpose intended by the consumer and which has been brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and accepted by the seller.
Therefore, any failures or malfunctions caused by accidental events or by the user's liability or by use of the product that does not comply with its intended use and/or with the provisions of the technical documentation enclosed with the product are excluded from the scope of application of the Legal Warranty.
Remedies available to the user
In the event of a conformity defect duly reported within the terms, the user shall be entitled
- in the primary way, to the repair or replacement of the goods free of charge, at the user's choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other
- as a secondary remedy (i.e. where repair or replacement is impossible or excessively expensive, or where repair or replacement has not been effected within a reasonable time, or where the repair or replacement previously effected caused significant inconvenience to the consumer), to a price reduction or rescission of the contract, at the option of the consumer.
The remedy requested is excessively expensive if it imposes unreasonable expenses on the seller in comparison with alternative remedies available, taking into account: (i) the value which the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; and (iii) whether the alternative remedy can be performed without significant inconvenience to the consumer.
What to do in the event of a conformity defect
In the event that a product purchased on a Site, during the period of validity of the Legal Warranty, manifests what could be a conformity defect, the user may either contact Customer Service, at the contact details set out in Article 18 below, or directly follow the procedure indicated below. In all cases, in fact, the user, whether he/she purchased the Product as a registered user or without registering, shall: (i) fill in the legal warranty claim form made available to him/her on the Site through which he/she made the purchase on the "Legal Warranty Information" page ("Legal Warranty Claim Form") and send it to
T-Data S.r.l. by e-mail to the address indicated in article 18 below as well as on the form itself or, if available, through the guided procedure made available through the same Site at the same link; (ii) if the defect is visible, send, together with the Legal Warranty Claim Form, the photographic documentation supporting the claim or, if the defect is not visible, a detailed description of the same; (iii) send, together with the Legal Warranty Claim Form, a copy of the order confirmation and/or invoice, if requested.
T-Data S.r.l. will promptly reply to the report of the alleged conformity defect and, if on the basis of the documentation received, it considers that there is a well-founded suspicion that the conformity defect complained of may exist, without prejudice, on the one hand, to the rights attributed to the user by law and, on the other hand, to the right of
T-Data S.r.l. to establish the non-existence of the defect complained of,
T-Data S.r.l. will send the user a code ("Legal Warranty Return Code") to be inserted in the package together with the Product complained of and will contact the user in order to agree with him/her on the collection, at the expense of
T-Data S.r.l., of the Product. Upon receipt of the Legal Warranty Return Code, the user shall: (i) insert this code in the copy of the Legal Warranty Claim Form; (ii) insert this form in the parcel together with the Product; (iii) deliver the parcel (with the Product reported and the Legal Warranty Claim Form filled in with the Legal Warranty Return Code) to the courier sent by T-Data S.r.l. on the agreed day and time. Upon receipt of the Product reported, T-Data S.r.l. will check whether or not the defect complained of exists. If it considers that the defect exists
a) the remedy available is the repair of the Product,
T-Data S.r.l. shall carry out, also through third parties and, in particular, Cellular Line, the repair of the Product and shall provide, at its own expense, to deliver the repaired Product to the user within a maximum term of 60 working days from the day on which it became aware of the claim, upon receipt of the Legal Warranty Request Form;
b) if the remedy available is the replacement of the Product,
T-Data S.r.l. will terminate the purchase contract and refund the Total Amount Due paid by the user, on the same means of payment used for the initial transaction, within a maximum period of 60 working days from the day on which it became aware of the claim, upon receipt of the Legal Warranty Request Form; the user must then place a new order through a Site, with the replacement Product as its object, proceeding to the payment of the same, in the manner indicated in Article 13 above; T-Data S.r.l. will then proceed, at its own expense, to deliver the replacement Product to the user, at the user's expense, in the same manner indicated in Article 13 above. 13 above; T-Data S.r.l. will then proceed, at its own expense, to deliver the replacement Product to the user, within the delivery period indicated during the purchase process, and to reimburse the user for the Shipping Costs associated with the order of the replacement Product through the recognition of a purchase voucher of a corresponding amount; in relation to this purchase voucher, art. 14.11 above shall apply.
If, on the other hand, T-Data S.r.l., having received the Product which is the subject of the report, considers, after verification, that the conformity defect complained of does not exist, it will communicate this to the user by e-mail and contact him/her to agree on the terms for the collection or delivery of the Product which must take place at the expense and under the responsibility of the user, without prejudice to the rights recognised to the user by law.