All Products purchased via the site www.equilibra.it (hereinafter the “Website”) are covered by the legal guarantee, the rules of which vary depending on whether the Customer is a Consumer, to whom the legal guarantee of conformity applies, as provided for by Italian Legislative Decree 206/2005 and subsequent amendments (hereinafter, “Consumer Code”), or a Business Customer, to whom the warranty for defects in items sold applies, as established by the Civil Code.
Consumer
The legal guarantee of conformity provided for by the Consumer Code applies to the Consumer (i.e. the natural person acting for purposes other than any business, trade, craft or professional activities that may be carried out, hereinafter the “Consumer”) for the sale of Products on the Website.
1. With regard to Products it sells on the Website (hereinafter, “Product(s)”), Equilibra s.r.l., with registered office in Turin, at via Plava, 74, tax code and VAT number 06570290012, Economic and Administrative Index (REA) code TO-798347 (hereinafter, the “Seller”), is liable to the Consumer for any lack of conformity in the Products (as defined below and always where it is applicable to Products) that exists at the time of delivery of the Products and which is apparent within two years from the delivery. The reporting of defects in the Products sold shall expire after 26 (twenty-six) months from the delivery of such Products; the Consumer stipulated for the execution of the contract may however assert his/her rights regarding remedies for protection in place under the Consumer Code. Subject to proof to the contrary, it is assumed that any lack of conformity that becomes apparent within 1 (one) year from the time that the Product was delivered already existed on that date, unless this assumption is incompatible with the nature of the Product (for example, because it is perishable or because it is subject to a shorter expiry date) or with the nature of the lack of conformity (for example, because of slight deterioration due to wear and tear). Damage or faults that were caused by the Consumer and were not the result of a lack of conformity are in any case excluded from the legal guarantee.
It should be noted that, pursuant to Article 129 of the Consumer Code, a lack of conformity exists when one of the following situations occurs:
A. (i) The Product does not correspond to the description, type, quantity or quality in the contract and/or does not have the functionality, compatibility, interoperability and other characteristics as set out in the contract of sale; (ii) the Product is unsuitable for any particular use desired by the Consumer, which has been brought to the attention of the Seller no later than upon conclusion of the contract of sale and which the Seller has accepted; (iii) the Product has not been supplied with the accessories or instructions, including those pertaining to the installation, as set out in the contract of sale; and (iv) the Product has not been supplied with the updates, as set out in the contract of sale.
B. In addition to what is indicated under point A) above, a lack of conformity exists if the following situations occur: (i) the Product is unsuitable for the purposes for which goods of the same type are normally used, taking into account any legal provisions, technical requirements or, where no technical requirements exist, codes of conduct applicable to the specific industry; (ii) where relevant, the Product is not of the quality and does not correspond to the description of a sample or model that the Seller made available to the Consumer at the time the contract was concluded; (iii) where relevant, it is not delivered with the accessories, including packaging, installation instructions or other instructions, that the consumer may reasonably expect to receive; (iv) the Product is not in the quantity and does not have the quality and other characteristics ordinarily present in goods of the same type and which the Consumer may reasonably expect, also in terms of durability, functionality, compatibility and safety, taking into account the nature of the goods and public statements made by or on behalf of the seller or by other persons within previous stages of the commercial transaction chain, including the manufacturer, in particular in advertising or on the labelling.
2. In the event that there is a lack of conformity, the Consumer may bring this to the Seller’s attention by sending an email to: reclamiecommerce@equilibra.it with details of the defect and/or non-conformity found, as well as the date of purchase (attaching the order confirmation submitted by the Seller and/or the tax receipt) or else he/she may contact the Seller on freephone number 800 01 78 74. Once the notification has been received, the Seller shall act promptly to ensure that the Consumer may benefit from the legal guarantee in accordance with the law.
In particular, in accordance with the provisions of the Consumer Code, the Consumer is entitled to the restoration of conformity (through repair, where possible, or through replacement) or, if the Seller is unable to arrange repair or replacement, to receive a discount on the price or the termination of the contract in accordance with the law.
The Consumer may choose between repair and replacement, provided that the remedy chosen is not impossible, also with regard to the nature of the Products or, with regard to the alternative remedy, that it does not impose disproportionate costs on the Seller, taking into account all the circumstances and, in particular, the following: a) the value that the Product would have without the lack of conformity; b) the extent of the lack of conformity; and c) the ability to arrange the alternative remedy without significant inconvenience to the Consumer.
The Seller may refuse to bring the goods into conformity if the repair and replacement are impossible or if the costs to be borne by the Seller are disproportionate, taking into account all circumstances, including those under letters a) and b) above.
The repair or replacement shall take place, pursuant to Article 135 ter of the Consumer Code: i) at no cost to the Consumer, ii) within a reasonable period of time from the time that the Seller is informed by the Consumer of the lack of conformity, as well as iii) without significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the latter required the goods.
If the lack of conformity must be remedied by repair or replacement of the goods, the Consumer shall arrange to make them available to the Seller, which will take them back at its own expense. The Seller shall promptly notify the Consumer of the means and time frame with which it shall collect the goods, which will in any case be free of charge to the Consumer.
3. The Consumer is entitled to a proportional reduction in the price or termination of the sales contract in the event that:
a) the Seller has not carried out the repair or replacement, or has not carried out the repair or replacement, where possible, pursuant to the aforementioned Article 135 ter of the Consumer Code, or, in accordance with point 2 above, has refused to bring the goods into conformity where repair or replacement is impossible or would entail disproportionate costs; b) a lack of conformity becomes apparent, despite the Seller's attempt to restore the goods to conformity; c) the lack of conformity is so serious as to justify an immediate reduction in price or termination of the sales contract; or d) the Seller has declared or it is clear from the circumstances that the goods will not be restored to conformity within a reasonable period or without significant inconvenience to the Consumer.
If a discount on the price is arranged, this shall be proportionate to the reduction in value of the goods received by the Consumer with respect to the value that it would have had if it conformed.
If the Consumer intends to exercise the right to terminate the contract of sale, he/she may do so by means of a direct statement to the Seller stating willingness to terminate the contract. This statement may be emailed to: reclamiecommerce@equilibra.it.
The Consumer may terminate the contract with the Seller only for non-compliant Products or with reference to all the Products purchased together with the non-compliant Products, if it is not reasonably expected that the Consumer has an interest in keeping hold of the goods which are not found to be defective.
In any case, in the event that the contract is terminated, fully or partially, the Consumer shall arrange to return the Products that are subject to the termination to the Seller, at the expense of the latter. The Seller shall promptly notify the Consumer of the procedure for returning the goods.
The Seller shall refund to the Consumer the price paid on receipt of the Product or of proof provided by the Consumer of having returned or shipped the goods.
The Consumer may not terminate the contract if the lack of conformity is only minor, in that it does not relate to the essential qualities or function of the Product and which does not affect its use.
If the Seller is obliged to refund the price paid to the Consumer, the refund shall be issued, where possible, through the same method of payment used by the Consumer at the time the Product was purchased.
Business Customers
Products purchased from the Website by a Business Customer (i.e. the natural or legal person acting in the exercise of his/her business, trade, craft or professional activities, or one of its intermediaries) are covered by the warranty for defects under Articles 1490 et seq. of the Civil Code; the action taken by the Business Customer to make a claim under the warranty for defects expires 1 (one) year after the delivery of the product purchased and the relevant defects must be reported within the terms of Article 1495 of the Civil Code.
