Legal guarantee

Legal guarantee of conformity

(articles 128 and following of Legislative Decree 206/2005)

What is the legal guarantee of conformity

Pursuant to art. 128 and following of Legislative Decree 206/2005, Ottica Izzo, as a seller, is liable to the consumer for any lack of conformity present at the time of delivery of the product and which occurs within two years of delivery. same or within the expiry date of the product, whichever is less ("Legal Guarantee").

Who is entitled to the Legal Guarantee

The legal guarantee is up to the consumer, understood as a natural person acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity possibly provided pursuant to art. 3 co. 1 letter a) of Legislative Decree 206/2005 ("Consumer").

Warranty Terms

The Consumer loses the Legal Guarantee if he does not report the lack of conformity to the seller within the peremptory term of two months from the date on which he discovered it. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity.

The direct action to assert the defects not intentionally concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods; the Consumer, who is agreed for the execution of the contract, can however always assert the rights referred to in art. 130, paragraph 2 of Legislative Decree 206/2005, provided that the lack of conformity has been reported within two months of discovery and before the expiry of the term referred to in the previous period.

What is meant by lack of conformity

A lack of conformity exists when the purchased product:

(a) is not suitable for the use for which goods of the same type are normally used;

(b) 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;

(c) does not have the usual qualities and performance of a good of the same type that the Consumer can reasonably expect, taking into account the nature of the good and also the statements made in advertising or on the labeling of that good;

(d) it is not suitable for the particular use desired by the Consumer if brought to the attention of the seller at the time of purchase.

There is no lack of conformity if, at the time of conclusion of the contract, the Consumer had been aware of the defect and could not have ignored it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Consumer.

What are the remedies available to the Consumer

In the event of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the product by repair or replacement pursuant to art. 130 paragraphs 3, 4, 5 and 6 of Legislative Decree 206/2005, or to an adequate reduction of the price or to the termination of the contract, in accordance with art. 130 paragraphs 7, 8 and 9 of Legislative Decree 206/2005 and in the cases provided for therein.

In particular, the Consumer can ask, at his choice, to Ottica Izzo to repair the product or to replace it, free of charge in both cases, unless the requested remedy (repair or replacement) is objectively impossible or excessively expensive compared to the other. . One of the two remedies is to be considered excessively burdensome if it imposes unreasonable costs on the seller (including shipping, labor and materials costs) compared to the other, taking into account: (a) the value that the it would be good if there was no lack of conformity; (b) the extent of the lack of conformity; (c) the possibility that the alternative remedy can be carried out without significant inconvenience for the Consumer.

The Consumer may request, instead of the remedy of replacement or repair, an appropriate reduction in the price or the termination of the contract at his choice, only if one of the following situations occurs: (a) the repair and replacement are impossible or excessively expensive; (b) Ottica Izzo has not repaired or replaced the product within the appropriate period indicated in the following paragraph; (c) the replacement or repair previously carried out has caused considerable inconvenience to the Consumer.

In determining the amount of the reduction or the sum to be returned, the use of the asset is taken into account.

It should be noted that a minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.

What to do if a lack of conformity is found

In the event that the Consumer finds a lack of conformity, he must contact customer service using the "contact" form on the site or send a registered letter to Ottica Izzo di Alfonso Maria Izzo & CSas, Via Napoli n. 4, 82016 - Montesarchio (BN) .

In case of exercise of the Legal Guarantee, the Consumer can go for the delivery of the defective product to one of the Ottica Izzo sales points. Alternatively, the defective product will be collected at the expense of Ottica Izzo at the consumer's home for the necessary checks and for any repair or replacement.

Following the withdrawal of the product, Ottica Izzo will, depending on the remedy chosen by the Consumer, have the repairs carried out or the product replaced within 14 (fourteen) days from the activation of the assistance under the Legal Guarantee.

If the repair or replacement is impossible or excessively burdensome or if not carried out by Ottica izzo within the term indicated above or, in any case, in all cases provided for by Legislative Decree 206/2005, the Consumer may choose the reduction of the price or termination of the contract.