ARTICLE 12 - LEGAL GUARANTEE OF CONFORMITY
12.1 All the Products sold on the Website are covered by the Legal Guarantee of Conformity provided by articles 128- 135 of Italian Consumer Code.
12.2 The Legal Guarantee is reserved to end consumers. So it is applied only to users who made the purchase on the Website for purposes not related to a business activity, commercial activity, craft or professional activity eventually carried out. For those who have purchased on the Website and who do not hold the quality of end consumers, the guarantees for quality defects of the sold thing will be applied as all others guarantees foreseen by the Italian Civil Code with their terms, expirations and limits.
Ilcar is liable to the end consumer for any lack of conformity existing at the time of delivery of the Product and which occurs within 2 (two) years of its delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within 2 (two) months from the date on which it was discovered. Unless proven otherwise, it is presumed that the conformity defects that occur within 6 (six) months from the delivery of the Product were already existing on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. From the seventh month following the delivery of the Product, it will instead be the burden of the consumer to prove that the lack of conformity was already existing at the time of the delivery of the Product. In order to take advantage of the legal guarantee, first of all you will have to provide the proof of the date of purchase and of the date of delivery of the goods. So, for the purposes of such proof, it is appropriate that you keep the purchase invoice, which Ilcar sends you, or any other document that can attest to the date of purchase and the date of delivery.
12.3 There is a lack of conformity, when the purchased Product
a) is not suitable for the use to which goods of the same type are normally used;
b) is not compliant to the description made by the seller and doesn’t have the qualities of the good the seller showed to the end consumer as sample;
c) doesn’t have the qualities and the usual performances of a good of the same type, that the end consumer can reasonably look for, also considering the declarations made in advertising or in labelling;
d) is not suitable for the particular use desired by the consumer and this last communicated this to the seller at the moment of the conclusion of the contract and that the seller accepted.
Eventual damages or malfunctions or different defects due to accidental events or to your responsibility or an use of the Product not compliant with its intended use and/or as provided in the technical documentation attached to the Product, if any, or in the instructions for use related to are excluded by the scope of the Legal Guarantee.
12.4 In case of lack of conformity duly reported in terms, you have the right
a) to choose replacement of the good, unless the remedy requested is objectively impossible or excessively expensive with respect to the other and, therefore, in the specific case, considering the type of sale, the substitution, where this is possible in relation to the number of units still available for sale;
b) secondary (in the case in which the replacement is impossible or excessively expensive or the replacement has not been carried out within reasonable terms or the replacement previously carried out have caused significant inconvenience to the consumer) to the price reduction or to the termination of the contract, always at his choice.
The required remedy is excessively burdensome if it imposes unreasonable costs on the seller in comparison to the alternative remedies that can be carried out, keeping in consideration
(i) the value that the asset would have if there were no lack of conformity;
(ii) the extent of the lack of conformity;
(iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
12.5 In the event that a Product purchased on the Website, during the period of validity of the Legal Warranty, reveals what could be a lack of conformity, you must contact Customer Service, at the addresses and in the manner indicated in article 13 of the General Sale Conditions. Ilcar will promptly reply to the communication of the alleged lack of conformity and will indicate to you the specific procedure to follow, also to agree on the method of shipping the goods and keeping in consideration the product category to which the Product belongs to and/or the reported defect.
12.6 In case of termination of the contract, Ilcar will refund to you the total paid amount, composed by the purchase price of the product, by the freight costs and by any other additional cost paid by you. In case of price reduction, Ilcar will refund the amount of the reduction, previously agreed with you. Alternatively, you could choose to receive a purchase coupon, to be spent on the Website, for the same amount of the amount of the refund or, respectively, equal to the reduction he has the right to receive. The refund or the reduction amount will be communicated to you via e-mail and will be charged back on the same payment method used by you for the purchase.
12.7 Ilcar is not responsible in case of damages of any nature, resulting by an improper use and/or an use not in accordance with the instructions provided by the manufacturer or in case of damages deriving from unforeseeable circumstances or force majeure.
12.8 If you are a professional, as defined in article 2, paragraph 2, of the General Sale Conditions, the Products will be guaranteed against defects in the materials used and construction for a period of 1 (one) year from the date of purchase and the provisions of the preceding paragraphs will be not applied to you if these provisions are exclusively intended to regulate a purchase made by a end consumer as defined in article 2, paragraph 1, of the General Sale Conditions.