1. The products sold through this Site are in conformity with the applicable law. The Seller respects and protects consumer rights under the EU legal guarantee of conformity and accepts responsibility for any defect that becomes apparent within two years of product delivery in accordance with the Italian law. The legal guarantee applies exclusively to the case when the Customer is an individual purchasing the products for private use only.
2. The products will be taken to conform with the applicable law provided that they:
- Comply with the description given by the Seller and possess the qualities of the goods which the Seller has held out to the Customer as a sample or model;
- Are fit for any particular purpose for which the Customer requires them and which he made known to the Seller at the time of conclusion of the contract and which the Seller has accepted;
- Are fit for the purposes for which goods of the same type are normally used;
- show the quality and performance which are normal in goods of the same type and which the Customer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the Seller, the producer or his representative, particularly in advertising or on labelling.
3. The following defects will not be regarded as “lack of conformity”:
- Personal comfort preferences for garments;
- Damage caused by cutting, burning, die-cuts, liquids or stains due to action on the part of the customer;
- Wear and tear;
- Loss of buttons on closures;
- Breakage of zips during use caused by mechanical jamming;
4. In accordance with the Italian law, the Customer shall forfeit all such rights unless the Seller is notified of the defect within a period of two months from the date on which the defect was discovered. To this end, the Customer shall send the notification in writing to the following address: Vocative società Benefit S.r.l. Via Corridoni 1, 20122 Milano (MI) –ITALY–, oppure elettronicamente a: email@example.com.
5. In any case, except where otherwise demonstrated, it will be assumed that any lack of conformity that becomes apparent within six months of the delivery of the product already existed on the date of delivery.
6. In order to enjoy the legal guarantee, the Customer must provide evidence of the delivery of the product by keeping the purchase invoice, or any other document demonstrating the date of purchase (for example, a credit card statement) and the date of delivery.
7. In the case of a lack of conformity, in the first place, the Customer may require the seller to repair the products, in either case free of charge if this is impossible or disproportionate, they may ask a reduction of the purchase price or the termination of the present contract.
8. Once the request has been submitted, the Seller will reply to the Customer within seven days of the date of receipt, indicating its intention to fulfil the request, or the reasons preventing the Seller from doing so.
9. Should the Seller decide to accept the Customer’s request, it must indicate the method for sending or returning the product as well as the period within which the defective product must be returned or replaced, without any additional expense for the Customer.
10. Should repair or replacement of the product be impossible or excessively burdensome, or should the Seller not have performed the repair or replacement of the goods within the period specified in the previous paragraphs, or should the replacement or repair previously performed have caused considerable inconvenience to the Seller, the latter may, at their own discretion, request a suitable price reduction or termination of the contract. In such cases, the Customer must send their request to the Seller and the latter must reply to the Customer within seven days of the date of receipt, indicating its intention to fulfil the request, or the reasons preventing it from doing so. The Customer is not entitled to have the contract rescinded if the lack of conformity is minor.
11. Should the Seller accept the Customer’s request, it must indicate the proposed reduction of price or the method for returning the defective product in exchange for reimbursement of the total sale price in the manner indicated by the Customer.