LEGAL GUARANTEE OF CONFORMITY
- pursuant to articles. 128 et seq. of the Consumer Code -
All the Products that the user, as a consumer, purchases on https://eu.alpinestars.com (hereinafter, the "Online Store" or the "Site") are covered by the legal guarantee of conformity in the event of defects of conformity existing at the time of delivery and which manifest themselves within 2 (two) years from that moment. The action aimed at asserting defects not maliciously concealed by us is barred, in any case, within 26 (twenty-six) months from delivery.
What is a lack of conformity?
A lack of conformity exists when the Product(s) does not comply with the sales contract.
The Products are considered non-compliant with the sales contract where, if relevant: (i) they do not correspond to the contractual description, type, quantity and quality and do not have the functionality, compatibility and interoperability and other characteristics as expected from the contract; (ii) are not suitable for any particular use desired by the user, which was brought to our attention at the latest at the time of the conclusion of the contract and which was accepted by us; (iii) are not supplied together with all the accessories and instructions, including those relating to installation, provided for in the contract; (iv) are not provided with updates as required by the contract (so-called "subjective requirements").
In addition to the above, the Products are considered non-compliant with the sales contract where, if relevant: (i) they are not suitable for the purposes for which goods of the same type are normally used, possibly taking into account other provisions of national law and Union law, technical standards or, in the absence of such technical standards, industrial codes of conduct applicable to the specific sector; (ii) do not possess the quality and do not correspond to the description of a sample or model that we made available to you before the conclusion of the contract; (iii) are not delivered with any accessories, including packaging, installation instructions or other instructions, that you could reasonably expect to receive and (iv) are not of the quantity and do not possess the qualities and other characteristics, also in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and that the user can reasonably expect, taking into account the nature of the good and the public statements made by us or on our behalf, or by others subjects within the previous steps of the commercial transaction chain, including the manufacturer, in particular in advertising or labeling (so-called "objective requirements").
What remedies are available in the event of a lack of conformity?
In the event of a lack of conformity, the user has the right (i) to have the conformity restored or (ii) to receive a proportional reduction in the price or (iii) to the termination of the sales contract.
Repair and replacement
With regards to point (i) above, the user can choose between repair and replacement of the Product(s) – without charge, within a reasonable period of time from the moment in which we were informed by the user of the defect of conformity and without significant inconvenience for the user, taking into account the nature of the goods and the purpose for which the user wanted the Product(s) – provided that the chosen remedy is not impossible or, with respect to the alternative remedy, there is no imposes disproportionate costs, taking into account all the circumstances and, in particular, (a) the value that the Product(s) would have in the absence of the lack of conformity, (b) the extent of the lack of conformity and (c) the possibility of carrying out the alternative remedy without significant inconvenience for the user.
In the event of repair or replacement, you must make the Product(s) available to us. We will collect the replaced Product(s) at our expense. You are not required to pay for normal use of the replaced Product(s) in the period preceding the replacement.
We may refuse to bring the Product(s) into conformity if repair and replacement are impossible or if the costs we would incur are disproportionate, taking into account all the circumstances, including those set out in points (a) and (b) which precede.
Proportional price reduction and termination of the contract
With reference to points (ii) and (iii) above, you are entitled to a proportionate reduction in the price or termination of the sales contract if: (a) we have not carried out the repair or replacement or we have not carried out the repair or replacement, where possible, pursuant to art. 135-ter, paragraphs 1, 2, and 3, or we have refused to bring the goods into conformity pursuant to paragraph 3; (b) a lack of conformity manifests itself despite our attempts to repair it