GUARANTEES
8. LEGAL GUARANTEE OF CONFORMITY OF THE GOODS 8.1 Art. 130 Legislative Decree 06 September 2005, n. 206 (Consumer Code) Consumer rights 1. The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods. 2. In the event of a lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, in accordance with paragraphs 3, 4, 5 and 6, or to an adequate reduction of the price or termination of the contract, in accordance with paragraphs 7, 8 and 9. 3. The consumer can ask the seller, at his option, to repair or replace the goods, free of charge in both cases, unless the remedy requested is objectively impossible or excessively expensive compared to the other. 4. For the purposes referred to in paragraph 3, one of the two remedies must be considered excessively onerous if it imposes unreasonable costs on the seller compared to the other, taking into account: a) the value that the asset would have if there were no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be tried without significant inconvenience for the consumer. 5. Repairs or replacements must be made within a reasonable time from the request and must not cause significant inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer has purchased the good. 6. The expenses referred to in paragraphs 2 and 3 refer to the costs necessary to bring the goods into conformity, in particular with reference to the costs incurred for shipping, labor and materials. 7. The consumer can request, at his choice, a reasonable reduction in the price or termination of the contract if one of the following situations occurs: a) repair and replacement are impossible or excessively expensive; b) the seller has not repaired or replaced the goods within the appropriate term referred to in paragraph 5; c) the replacement or repair previously carried out has caused significant inconvenience to the consumer. 8. The use of the asset is taken into account when determining the amount of the reduction or the amount to be returned. 9. After reporting the lack of conformity, the seller can offer the consumer any other available remedy, with the following effects: a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences regarding the commencement of the appropriate term referred to in paragraph 5, unless the consumer accepts the proposed alternative remedy; b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy pursuant to this article. 10. A minor lack of conformity for which it was not possible or is excessively burdensome to carry out the remedies of repair or replacement, does not give the right to terminate the contract. Art. 132. Dlgs. 06 settembre 2005, n. 206 (Codice del Consumo) Terms 1. The seller is liable, pursuant to article 130, when the lack of conformity occurs within two years from the delivery of the goods. 2. The consumer forfeits the rights provided for in article 130, paragraph 2, if he does not report the lack of conformity to the seller within two months from the date on which he discovered the defect. The report is not necessary if the seller has acknowledged the existence of the defect or has concealed it. 3. Unless proven otherwise, it is presumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the good or with the nature of the lack of conformity. 4. The action aimed at asserting defects not maliciously concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods; the consumer, who is agreed for the execution of the contract, can however always assert the rights referred to in Article 130, paragraph 2, provided that the lack of conformity has been reported within two months of discovery and before the expiry of the term of referred to in the previous period. 9. APPLICABLE LAW AND COMPETENT COURT The sales contract between the customer and albachiara S.r.l. is concluded in Italy and regulated by Italian law. Unless otherwise stated, Italian law on the matter applies. For the resolution of civil and criminal disputes arising from the conclusion of this distance selling contract, the territorial jurisdiction is that of the Court of reference of the municipality of residence of the customer.