Guarantee
All products sold to the Consumer Customer by Malossi S.p.A. via the malossistore.com website are covered by the Legal Guarantee for consumer goods, as governed by Art. 128 et seq. of the Italian Consumer Code.
For the sake of clarity and customer convenience, the text of Articles 12 and 13 of the General Terms and Conditions, applicable to the sale of Products via malossistore.com, is provided below.
12. Warranty
12.1 Products purchased by a Consumer Customer are covered by the Legal Guarantee for consumer goods, as governed by Art. 128 et seq. of the Consumer Code and, where not expressly provided for therein, by Art. 1490 et seq. of the Italian Civil Code on sales contracts. The Warranty applies and is provided by Malossi in the event that the Product presents a lack of conformity, provided that such defects manifest within 24 (twenty-four) months from the date of delivery of the goods to the Customer. Legal action by the Consumer Customer to enforce the Warranty expires after 26 months from the delivery of the purchased product.
12.2 To comply with the sales contract, the Product must meet the following subjective requirements: a) correspond to the contractual description, type, quantity, and quality and possess the functionality, compatibility, interoperability, and other characteristics provided for in the sales contract; b) be fit for any particular purpose intended by the consumer, which was made known to Malossi no later than the conclusion of the contract and which Malossi accepted; c) be supplied with all accessories and instructions, including installation instructions, provided for in the contract; d) be supplied with updates as provided for in the sales contract. It must also meet the following objective requirements: a) be fit for the purposes for which goods of the same type are normally used; b) possess the quality and correspond to the description of a sample or model made available by the seller before the conclusion of the contract; c) be delivered with accessories, including packaging and installation instructions, that the consumer can reasonably expect to receive; d) be of the quantity and possess the qualities and characteristics (including durability, functionality, compatibility, and safety) ordinary for goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and public statements made by or on behalf of the seller or other persons in previous stages of the commercial chain, including the manufacturer.
12.3 Any lack of conformity resulting from incorrect installation is considered a lack of conformity if: a) installation was part of the sales contract and performed by the seller or under its responsibility; or b) installation, to be performed by the consumer, was carried out by the consumer and the incorrect installation is due to deficiencies in the instructions provided.
12.4 To claim the Warranty, the Consumer Customer may use the specific function in the Reserved Area or, alternatively, download and complete the Warranty Form and send it to Malossi via PEC (certified email) at [email protected], or via registered mail with return receipt to Malossi S.p.A., via Roma 118/I, 40012, Calderara di Reno (BO).
12.5 The Warranty is excluded if: (a) the Product has been modified or tampered with by parties not authorized by Malossi; (b) the alleged lack of conformity manifested after 24 months from delivery; (c) the defect is due to misuse, improper storage, maintenance, or installation by the Customer or unauthorized parties, or non-compliance with Malossi's instructions; (d) at the time of the conclusion of the contract, the Customer was aware of the defect and expressly accepted it.
12.6 The Consumer Customer remains the holder of the rights deriving from the Legal Guarantee regardless of any subscription to a Conventional (Commercial) Warranty.
13. Customer Rights
13.1 By virtue of the Warranty, in the event of a lack of conformity, the Customer may exercise the rights recognized by Art. 135 bis, ter, and quater of the Consumer Code:
Art. 135 bis - Remedies: The consumer is entitled to have the goods brought into conformity, or to receive a proportional price reduction, or to terminate the contract. The consumer may choose between repair and replacement, unless the chosen remedy is impossible or imposes disproportionate costs on the seller.
Art. 135 ter - Repair or Replacement: Carried out free of charge, within a reasonable time, and without significant inconvenience to the consumer.
Art. 135 quater - Price Reduction and Termination: The reduction is proportional to the decrease in value. Termination is not permitted if the lack of conformity is only minor.
As provided for in Art. 15 of the General Terms and Conditions, for contracts concluded with Non-Consumer Customers (B2B), the Consumer Code does not apply. In such cases, only the warranties governed by Art. 1490 et seq. of the Italian Civil Code shall apply.