All products sold on the ema-shop.com website (“Site”) are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code ("Legal Guarantee").
To whom does the Legal Guarantee apply
The Legal Guarantee is reserved for consumers (see art. 3, paragraph 1, letter a) of Legislative Decree 6 September 2005, n. 206 - “Consumer Code”). It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out. Those who have purchased on the Site and who do not have the status of consumers will be subject to the guarantees for defects in the goods sold, the guarantee for defects in promised and essential qualities 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, with regard to purchases made on the Site, E.M.A. Distribution srl is responsible towards the consumer for any lack of conformity existing at the time of delivery of the product and which appears 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 presumed that defects of conformity which appear 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 defect of compliance. Starting from the seventh month following delivery of the product, it will be the consumer's burden 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 first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of this proof, to keep the order confirmation email or the purchase invoice, if requested, or the transport document or any other document that can certify the date of making the purchase (for example the credit card statement or bank statement) and delivery.
What is the lack of conformity
There is a lack of conformity when the purchased good:
- is not suitable for the use for which goods of the same type are usually used;
- does not conform to the description made by the seller and does not possess the qualities of the goods that the seller presented to the consumer as a sample or model;
- does not present the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling;
- is not suitable for the particular use desired by the consumer and which was brought to the attention of the seller at the time of conclusion of the contract and which the seller accepted.
Any failures or malfunctions caused by accidental events or the user's responsibility or by use of the product that does not comply with its intended use and/or as provided in the attached technical documentation are therefore excluded from the scope of the Legal Guarantee. to the product.
Remedies available to the user
In the event of a lack of conformity duly reported within the terms, the user has the right:
- primarily, to the free repair or replacement of the good, at your choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other;
- secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to reduce the price or terminate the contract, at your choice.
The requested remedy is excessively onerous if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be used, 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 can be used without significant inconvenience for the consumer.
What to do in the presence of a lack of conformity
In the event that a product purchased on the 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 contact details indicated in the "Contact us" section ” of the Site and in the art. 18 of the General Conditions of Sale or directly follow the procedure indicated below. In all cases, in fact, the user, whether he purchased the Product as a registered user or made the purchase without registration, must:
- (I) fill in the form to exercise the legal guarantee made available to you on the Site at the bottom of this page" ("Legal Guarantee Request Form") and send it to E.M.A. Distribution srl by e-mail to the address indicated in the art. 18 below as well as on the form itself or, if available, through the guided procedure made available via the Site at the bottom of this page
- (II) if the defect is visible, send, together with the Legal Guarantee Request Form, the photographic documentation to support the request or, if the defect is not visible, a detailed description of the same;
- (III) send, together with the Legal Guarantee Request Form, a copy of the order confirmation and/or invoice, if requested. E.M.A. Distribution srl will promptly respond to the report of the alleged lack of conformity and, if on the basis of the documentation received, it believes that there is a well-founded suspicion that the reported lack of conformity could exist, without prejudice, on the one hand, to the rights attributed to the user by law and, on the other, the right of E.M.A. Distribution srl to ascertain the non-existence of the claimed defect, E.M.A. Distribution srl will send the user a code ("Legal Guarantee Return Code") to be included in the package together with the Product being reported and will contact the user in order to arrange collection with the user, at E.M.A.'s expense. Distribution srl of the Product itself.
- Having received the Legal Guarantee Return Code, the user must:
◦ (I) insert this code in the copy of the Legal Guarantee Request Form;
◦ (II) insert this form in the package together with the Product subject to the report;
◦ (III) deliver the package (with the Product subject to the report inside and the Legal Guarantee Request Form completed with the Legal Guarantee Return Code) to the courier sent by E.M.A. Distribution srl on the agreed day and time.
Having received the Product subject to the report, E.M.A. Distribution srl will verify whether the defect complained of exists or not. If you believe that the defect exists:
- in the event that the available remedy is to repair the Product, E.M.A. Distribution srl will carry out the repair of the Product and will, at its expense, deliver the repaired Product to the user within a maximum of 60 working days from the day on which it became aware of the report, receiving the Legal Guarantee Request Form;
- in the event that the available remedy is the replacement of the Product, E.M.A. Distribution srl will proceed with the termination of the purchase contract and the reimbursement of the Total Amount Due paid by the user, using the same payment method used for the initial transaction, within a maximum of 60 working days from the day on which it became aware of the report, receiving the Legal Guarantee Request Form; the user must then proceed to place a new order via the Site, concerning the replacement Product, proceeding to pay for the same, in the manner indicated on the Site; E.M.A. Distribution srl will then proceed, at its own expense, to deliver the replacement Product to the user, within the delivery time indicated during the purchase process, and to reimburse the user for the Shipping Costs associated with the order of the replacement Product by recognizing a voucher -purchase of corresponding amount; this purchase voucher will be recognized to the user by activating a personalized code, which will be sent to the user by e-mail within 15 days from the day on which the conditions for their issue are verified and which will be spendable on the Site within maximum term of [3] months from accreditation.
In the event that, however, E.M.A. Distribution srl, having received the Product which is the subject of the report, deems, following the verification, that the lack of conformity complained of does not exist, will communicate it to the user by e-mail and contact him to agree on the terms of collection or delivery of the Product which must take place at the expense and under the responsibility of the user, without prejudice to the rights attributed to the user by law.