Legal Guarantee Information

All products sold on this site (“eshop”) are covered by the legal guarantee of conformity as described by art. 128-135 of the Consumer Code (“Legal Guarantee”).

The Legal Guarantee is reserved for end consumers. Therefore, it applies only if the purchase on the e-shop was made for purposes unrelated to any entrepreneurial, commercial, craft or professional activity. Buyers who have purchased on the e-shop but are not end consumers will be subject to the guarantees for defects in the sold goods, the guarantee for lack of promised and essential qualities and the other guarantees provided by the civil code with the relative terms, deadlines and limitations.

The seller (and, therefore, also with regard to purchases made on the e-shop) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and occurring within two years of the aforementioned 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 found.

Unless proven otherwise, it is assumed that any lack of conformity appearing within six months of delivery of the product already existed on that date, unless this circumstance is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month after the delivery of the product, it will be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery.

In order to benefit from the Legal Guarantee, you must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore recommended, for the purposes of this proof, to keep the order confirmation e-mail or the relevant invoice, if required, or the shipping document or any other document that can certify the date the purchase (e.g. credit card or bank statement) and delivery.

What is the lack of conformity
There is a lack of conformity when the purchased good:

  • it is not suitable for the use for which goods of the same type are normally used;
  • 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;
  • does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also considering the statements made in advertising or labeling;
  • it is not suitable for the particular use desired by the consumer and that it has been brought to the attention of the seller at the time of the conclusion of the contract and that the seller has accepted.

Any failures caused by accidental events or by your responsibility or by use of the product that does not comply with its intended use and/or particular storage conditions and/or conditions of use 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 within the terms, with reference to the products sold on the eshop and, therefore, excluding repair, which cannot take place given the type of such products, you have the right:

  • primarily, to the free replacement of the goods, unless this remedy is objectively impossible or excessively onerous;
  • secondarily (in the event that the replacement is impossible or excessively expensive or the replacement has not been made within reasonable terms or the replacement previously carried out has caused significant inconvenience to the consumer) to a price reduction or 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 carried out, considering (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 can be carried out without significant inconvenience to the consumer.

What to do in case of a lack of conformity
In the event that a product purchased on the eshop, during the validity period of the Legal Guarantee, manifests what could be a lack of conformity, you can contact the eSop Customer Service at the following addresses:

Via Fanti d’Italia, 75
43013 – Langhirano (PARMA) Italy

Timely response will be given to the report of the alleged lack of conformity and you will be indicated the specific procedure to follow, also considering the format and/or weight of the product and/or the reported defect, without prejudice to the seller’s commitment to close the file, evaluating the reported defect as not present or, in case of existence of the defect, putting in place the remedies chosen by you or agreed with you, within the maximum period of 20 working days from the complaint of the defect, except for exceptional events and/or the weekdays (e.g. the month of August).

To take advantage of the Legal Guarantee, the seller reserves the right to ask you to attach to the request the order confirmation e-mail or other document proving the date of the purchase and the date of delivery, as well as elements showing the existence of the defect complained of (e.g. if the defect is visible, the photographic documentation in support of the request or, if the defect is not visible, a detailed description of the same).