Guarantees and Returns
a) are suitable for the use for which goods of the same type are normally used; b) they conform to the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.
3. There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect and could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer. 4. The seller is not bound by the public declarations referred to in paragraph 2, letter c), when, also alternatively, he demonstrates that:
a) he was not aware of the declaration and could not know it with ordinary diligence ; b) the declaration has been adequately corrected by the time of the conclusion of the contract in order to be known to the consumer;
c) the decision to buy the consumer good was not influenced by the declaration. 5. The lack of conformity resulting from the imperfect installation of the consumer good is equated to the lack of conformity of the good when the installation is included in the sales contract and was carried out by the seller or under his responsibility.
This equation also applies in the event that the product, designed to be installed by the consumer, is installed by the consumer incorrectly due to a lack of installation instructions ".
7.2 Additional conventional guarantees are provided in the manner illustrated in the documentation contained within the Product packaging or indicated on the Site.
7.3 The legal guarantee in favor of the consumer customer covers any lack of conformity, existing at the time of delivery of the Product, which occurred within two years of delivery of the Product itself. The lack of conformity must be communicated, under penalty of forfeiture, within two months from the date on which the Customer discovered the defect. The direct action to assert the defects is prescribed, in any case, within twenty-six months from the delivery of the Product. In the event of a lack of conformity, the Customer has the right to restore, without charge, the conformity of the Product by repair or replacement, or to an appropriate reduction in the price or termination of the contract, in accordance with the provisions of art. 130 of the Consumer Code. Within two months of the discovery of the defect and in any case within a maximum of twenty-six months from receipt of the Products, the Customer must send a specific written communication to www.beautybrasini.it, Via Monte Napoleone 8, Milan, or by email at info @ beautybrasini.it.
Once the communication has been received, www.beautybrasini.it will contact the Customer to communicate how to re-send the Product and all the necessary instructions. www.beautybrasini.it will send its own courier to collect the Product without any additional expense for the Customer The Product must be returned by the Customer, possibly in the original packaging, complete in all its parts (including packaging and any documentation) and the sales receipt issued from www.beautybrasini.it. In all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided. Once the Product returned by the Customer has been checked, www.beautybrasini.it will replace and ship the Product itself, subject to the provisions of art. 130 of the Consumer Code. If, following an intervention by www.beautybrasini.it, it is found that the reported defect does not integrate a lack of conformity pursuant to articles 128 and following of the Consumer Code, the Customer will be charged for any verification and restoration costs, as well as transport costs, if incurred by www.beautybrasini.it.
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