Il 13 novembre u.s., l'Autorità Garante della Concorrenza e Markets, on its website (agcm.it), has published a short guide for consumers on the 'legal safeguards' for the acquisition of defective products. It contains the full content:
LEGAL WARRANTY ON CONSUMER GOODS:
ECCO CONSUMER RIGHTS
ECCO CONSUMER RIGHTS
1) What legal guarantee - The legal guarantee of conformity is provided by the Consumer Code (Articles 128 et seq.) and protects consumers in case of purchase of defective products, which work poorly or do not meet the purpose stated by the seller or to which that asset is generally intended.
2) against those who can be relied - The consumer may assert their rights to legal guarantee of compliance by directly contacting the seller of the property, even if different from the manufacturer.
3) Content of the legal guarantee - If there is a lack of conformity, il consumatore ha diritto, a sua scelta, alla riparazione o sostituzione del bene difettoso da parte del venditore, senza addebito di spese. Se ciò non è possibile, il consumatore ha diritto alla riduzione del prezzo o ad avere indietro una somma, commisurata al valore del bene, a fronte della restituzione al venditore del prodotto difettoso.
4) Durata della garanzia legale – La garanzia legale dura due anni dalla consegna del bene e deve essere fatta valere dal consumatore entro due mesi dalla scoperta del difetto: occorre quindi conservare sempre la prova di acquisto (ricevuta tax or a bill of which it is advisable to make a copy just because of thermal paper receipts may discolor with time). Until proved otherwise, to be supplied by the seller, if the defect occurs within six months from the date of delivery of the product, it is assumed that the failure is due to a lack of conformity already existing at that date.
5) Obligations of the seller - The seller must: (i) take delivery of the defective product to see if the failure depends on whether or not a lack of conformity; (ii) make the repair or replacement of the goods within a reasonable time after request and free of charge to the consumer.
6) difference between legal guarantee and guarantees conventional - Guarantees conventional, free or paid, offered by the manufacturer or retailer, not replace or reduce the legal compliance, to which it may have rather different size and / or duration. Anyone who offers guarantees conventional must always specify that it is different and additional guarantees with respect to the legal guarantee compliance of consumer protection.
7) The Authority's powers of intervention - The conduct of retailers or manufacturers who mislead consumers about the existence or concerning the exercise of the legal guarantee of conformity, which would impede the exercise itself may constitute unfair trade practices, prohibited and punished by the Consumer Code. In this case, the Antitrust Authority may intervene to protect consumers, ensuring the breach, requiring the cessation of the conduct contrary to law, by punishing those responsible for up to a maximum of 500,000 euro. The Competition Authority may also accept undertakings of the company, without establishing an infringement and if they have a positive impact for consumers. It can not resolve individual disputes.
8) Who to contact - The Antitrust Authority has a toll free number (800166661) from Monday to Friday, from 10 to 14. You can also send a fax to 0685821256 or by mail to report: Competition Authority and the Market - Piazza Verdi, 6 / a - 00198 Rome, using the form available under 'Unfair commercial practices and misleading comparative advertising' site www.agcm.it.
13.11.2010
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