text.skipToContent text.skipToNavigation
      

INFORMATION REGARDING THE LEGAL GUARANTEE OF CONFORMITY


All products sold on the following sites: interphone.com/it, interphone.com/de, interphone.com/fr, interphone.com/es and interphone.com/uk (each a "Site" and cumulatively the "Sites") are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code ("Legal Guarantee").

Who the Legal Guarantee applies to
The Legal Guarantee is reserved for consumers (see article 3, paragraph 1, letter a) of Legislative Decree 6 September 2005, n. 206 - "Consumer Code"). It therefore applies only to users who have purchased on the Sites for purposes unrelated to their business, commercial, craft or professional activity. Those who have purchased on the Sites and who do not cover the quality of consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects of promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.

When the Legal Guarantee applies
The seller, and, therefore, as regards purchases made on the Sites, DataExpert s.r.l. ("DataExpert") is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
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. Starting from the seventh month following the delivery of the product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery.
In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. Therefore, for the purposes of this test, the user should keep the order confirmation e-mail or the purchase invoice, if required or the transport document or any other document that can attest the date of purchase (for example credit card statement or bank statement) and delivery.

When the Legal Guarantee applies
The seller, and, therefore, as regards purchases made on the Sites, DataExpert s.r.l. ("DataExpert") is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
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. Starting from the seventh month following the delivery of the product, it will instead be the responsibility of the consumer to prove that the lack of conformity already existed at the time of delivery.
In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. Therefore, for the purposes of this test, the user should keep the order confirmation e-mail or the purchase invoice, if required or the transport document or any other document that can attest the date of purchase (for example credit card statement or bank statement) and delivery.

What is the lack of conformity
There is a lack of conformity when the purchased good:
1. is not fit for the purpose for which goods of the same type are normally used;
2. does not conform to the description given 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;
3. does not have the usual qualities and performances of an asset of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or in the labeling;
4. it is not suitable for the particular use desired by the consumer and that has been brought to the attention of the seller by the time of conclusion of the contract and that the seller has accepted.
Any faults or malfunctions caused by accidental facts or by the user's responsibility or by use of the product that is not in conformity with its intended use and / or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.

Remedies available to the user
In the event of a lack of conformity duly reported, the user is entitled:
- primarily, the free repair or replacement of the asset, at its option, unless the requested remedy is objectively impossible or excessively expensive compared to the other;
- secondarily (in the case that in which the repair or replacement are impossible or excessively expensive or the repair or replacement have not been carried out within a reasonable time or the repair or replacement previously carried out have caused significant inconvenience to the consumer) to the reduction of the price or the termination of the contract, at your choice.
The requested remedy is excessively onerous if it imposes unreasonable costs on the seller compared to the alternative remedies that can be experienced, taking into account: (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy may be performed without significant inconvenience to the consumer.

What to do if there is a lack of conformity
In the event that a product purchased on a Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the user can either contact Customer Service, at the addresses indicated in art. 18 which follows or directly follow the procedure indicated below. In all cases, in fact, the user, whether he has purchased the Product as a registered user or has made the purchase without registration, will have to: (i) fill out the legal guarantee exercise form made available to him on the Site through who made the purchase on the page "Legal Warranty Information" ("Legal Warranty Request Form") and send it to DataExpert by e-mail to the address indicated in art. 18 which follows as well as on the form itself or, if available, through the guided procedure made available through this Site at the same link; (ii) if the defect is visible, send, together with the Legal Warranty Request Form, the photograph documentation supporting the request or, if the defect is not visible, a detailed description of the same; (iii) send, together with the Legal Warranty Request Form, a copy of the order confirmation and / or invoice, if requested. DataExpert will promptly respond to the reporting of the alleged lack of conformity and, on the basis of the documentation received, believes that there is a well-founded suspicion that the alleged lack of conformity could exist, without prejudice, on the one hand, to the rights attributed to the user by the law and, on the other hand, the right of DataExpert to ascertain the non-existence of the alleged defect, DataExpert will send the user a code ("Legal Warranty Return Code") to be included in the package together with the Product object of the report and will contact the user at order to agree with the same the withdrawal, at DataExpert's expense, of the Product itself. Once the Legal Guarantee Code has been received, the user must: (i) enter this code in the copy of the Legal Warranty Request Form; (ii) insert this form in the package together with the Product object of the report; (iii) deliver the package (with the Product covered by the report and the Legal Warranty Request Form filled in with the Legal Warranty Return Code) to the courier sent by DataExpert on the agreed day and time.
Once the Product object of the report has been received, DataExpert will verify the existence or non-existence of the alleged defect. If you believe that the defect exists:
a) in the event that the remedy available is the repair of the Product, DataExpert will carry out, also through third parties and, in particular, Cellular Line, the repair of the Product and will, at its own expense, deliver the repaired Product to the user within the maximum term of 60 working days from the day on which he became aware of the report, receiving the Legal Warranty Request Form;
b) in the event that the remedy available is the replacement of the Product, DataExpert will proceed to terminate the purchase contract and refund the Total Amount Due paid by the user, on the same payment method used for the initial transaction, within the maximum term of 60 working days from the day on which he became aware of the report, receiving the Legal Warranty Request Form; the user must then carry out a new order through a Site, having as object the replacement Product, proceeding to the payment of the same, in the manner indicated in the art. 13 above; DataExpert will then proceed, at its own expense, to deliver the replacement Product to the user, within the delivery term indicated during the purchase process, and to reimburse the User for the Shipping Charges associated with the order of the replacement Product by recognizing a voucher purchase of the corresponding amount; in relation to this purchase voucher, art. 14.11 above.
In the event that, instead, DataExpert, having received the Product object of the report, considers, following the verification, that the alleged lack of conformity does not exist, it will communicate it to the user by e-mail and contact it to agree on the terms of withdrawal or of the delivery of the Product which must take place at the expense and under the responsibility of the user, without prejudice to the rights granted to the user by the law.


Go here to the LEGAL WARRANTY FORM

Download the LEGAL GUARANTEE FORM here