Warranty and repair: how to assert your rights in Italy

Buying a product from a physical business or an e-commerce in Italy is always protected by a guarantee, and as such gives the right to repair or replacement if it does not have the promised characteristics, if it is a defective or non-compliant product. The guarantee is a sacrosanct right, but most buyers are not clear about its conditions.

When can you get a repair under warranty? When can you get a replacement? What are the maximum times and what to do in case of no assistance? Furthermore, how do you return defective goods purchased in a store and which companies should you contact?

Through this guide we will try to clarify your ideas on how to assert your rights in Italy regarding warranty and repair . We will illustrate the rules that apply to all consumer goods and that will help you obtain free repair with spare parts or replacement of the product as guaranteed by Italian regulations and laws.

Seller's obligations in Italy

The seller of a product is obliged to offer a guarantee on consumer goods . The seller must assure the customer that the product in question has all the characteristics promised or indicated on the product or in an advertisement advertising it. The goods must always be usable for the purpose for which other goods of the same type are usually usable.

It is essential that they conform to the description provided by the seller and, if a sample is shown, they must have the same qualities as the seller. Furthermore, the products must have the qualities and performance of a good of the same kind. Products that are discounted because of a defect disclosed by the seller at the time of purchase or with aesthetic defects caused by prolonged exposure, are still protected by the guarantee, but the defect in question is excluded from it.

Refurbished products are also guaranteed, but the seller can reduce the duration of the guarantee necessary to obtain the repair to one year . Consumer goods are all movable things except those subject to forced sale or sold in other ways by judicial authorities, water, gas (except those in containers on which the volume and quantity are indicated) and electricity.

What is the legal guarantee and differences with the commercial guarantee

The legal guarantee, otherwise known as the European guarantee of conformity , is a guarantee that covers all products purchased and has a duration of 24 months. The seller is obliged to grant it and to guarantee in case of problems the repair or replacement of the product free of charge.

Other additional types of warranty provided by sellers fall into the category of commercial warranty and are in addition to the legal warranty without altering its conditions and privileges. The conditions of the commercial warranty vary depending on the seller and are not universally valid.

How long does the warranty last and to which products does it apply?

The legal guarantee lasts 2 years , while the commercial one, as already mentioned, has a variable duration depending on the policies of the seller or the manufacturer who made the product. The legal guarantee applies to all products that are purchased and its rules can always be enforced against the seller.

As long as the customer is within 2 years from the date of purchase, he can assert his rights deriving from the legal guarantee. However, the defect must be communicated within 2 months from the moment of discovery , under penalty of forfeiture. The consumer is not obliged to comply with any formality and can contact the seller either verbally or in writing.

However, a registered letter with acknowledgement of receipt is recommended as it is valid as proof of receipt of the letter. The 2-month deadline from the discovery of the defect may not be respected if the seller already knew about the defect at the time of purchase or had hidden it.

Buyer's rights: replacement and repair

The seller is responsible for each individual defect present in the product at the time of delivery. The buyer is therefore entitled to free repair of the product or free replacement in case of defects. The choice between repair and replacement is entrusted to the customer, except in the case in which one of the two options is impossible or too expensive compared to the other.

For example, if the repair is entirely capable of remedying the defects, it would not be proportionate to require replacement. Repair or replacement must be guaranteed within a reasonable time , but the law does not establish exactly how long this time is.

This often causes customers to have to endure long waits, to the point of making it necessary to indicate in writing to the seller a deadline for delivery or replacement of the product. There are 3 cases in which the consumer can opt for a price reduction or termination of the contract, namely when:

• repair or replacement are both impossible or too expensive;
• the seller does not repair or replace the product within a reasonable time;
• the repair or replacement causes significant inconvenience to the consumer.

Usatocomenuovo's after-sales services

With the above advice and information, we hope to have provided you with the necessary details on the warranty in Italy and how to assert your rights to repair and replace the products you purchase. Although we sell used and reconditioned products, all products on Usatocomenuovo are always covered by warranty .

We carry out assistance activities in collaboration with our partner T&D , a company with high technical skills that guarantee the best functioning of the products. We offer assistance services on commercial equipment regardless of the purchase of the products on our store .

To learn more about our after-sales services you can consult our page dedicated to after-sales services and warranty . If you would like more information you can our store . You will also find contact forms to communicate with us directly.