All the Products sold on the Store are covered by the Legal Warranty of Conformity as provided by articles 128-135 of the ("Consumer Code") ("Legal Warranty").
12.2 TO WHOM IT APPLIES
The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Store for purposes other than entrepreneurial, commercial, craft or professional activities.
12.3 WHEN IT APPLIES
The seller (and, therefore, with regard to purchases made on the Store, ITALIANTOUCH) is liable vis-à-vis to the consumer for any lack of conformity existent at the time of delivery of the product and which shows up within two years of the said delivery. The seller must be informed of the lack of conformity, under penalty of expiration of the guarantee, within two months from the date in which it was discovered.
Unless proven otherwise, it shall be presumed that the lack of conformity that manifest themselves within six months from the delivery of the product already existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, the burden of proof to demonstrate that the lack of conformity already existed at the moment of delivery of the product shall lie with the consumer.
In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of the purchase and delivery of the good. It is therefore advisable, to prove the purchase, for the user to keep the invoice sent by ITALIANTOUCH, as well as the transport document or any other document that certifies the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.
12.4 WHAT IS A LACK OF CONFORMITY?
A lack of conformity exists when the purchased good:
i. is not suitable for performing the function for which goods of the same type are normally used;
ii. does not conform to the description provided by the seller and does not possess the features that the seller presented to the consumer as a sample or model;
iii. does not display the features and performance that are normal for a good of this type, which the consumer could reasonably expect, considering the declarations made in the advertising or on the labelling;
iv. is unsuitable for the specific use desired by the consumer who informed the seller at the time of the completion of the contract, culminating in the seller's acceptance of the situation.
The Legal Warranty does not cover faults or malfunctioning caused by accidental incidents or due to the user's responsibility or by use of the product that does not comply with its intended use and/or the information contained in the technical documentation accompanying the product.
12.5 SOLUTIONS AVAILABLE TO THE USER
In case of a lack of conformity reported within the prescribed period, the user is entitled:
i. firstly, to the repair or free replacement of the good, according to preference, unless the requested solution is objectively impossible or excessively expensive with respect to the other one;
ii. secondly (in cases where repair or replacement are impossible or excessively expensive or where repair or replacement have not been made within a reasonable period of time or where the repair or replacement have caused significant inconvenience to the consumer) to the reduction in the price or to the termination of the contract, according to the preference of the user.
The requested solution is excessively expensive if entails user unreasonable expenses for the seller compared to alternative solutions, considering (i) the value that the good would have if there was no lack of conformity; (ii) the entity of the lack of conformity; (iii) the possibility that the alternative solution can be achieved without significant inconvenience for the consumer.
12.6 WHAT CAN YOU DO WHEN THERE IS A LACK OF CONFORMITY?
If a product purchased on the Store, during the period of validity of the Legal Warranty, should display what could be a lack of conformity, the user can contact the Customer Service as indicated in Article 16. The Customer Service department will reply promptly to the communication, informing the user of the next steps that he/she should take.
The Product which the user claims has a lack of conformity should be sent to ITALIANTOUCH which will evaluate the existence or otherwise of the claimed defect, to the following address:
C/O FASHION LOGISTICS
Via Carlo Strinati, 17
28100 Piacenza (PC)
In order to return the Product which, according to the user, presents a lack of conformity, ITALIANTOUCH makes a pre-paid procedure of return via UPS available for the user, at his/her discretion, and without prejudice to the possibility for the user to proceed in returning the Product(s) via another carrier. The user shall use the pre-printed and pre-paid label which can be found inside the parcel containing the Product, applying it on the package of the Product(s) to be returned and following the procedure specified in the accompanying document of the label itself. Should it be requested, the UPS code of the consignee is Y5239E (Italiantouch S.r.l).
ITALIANTOUCH hereby reserves the right to ask the user to enclose to his/her request the invoice and/or transport document or any other document that proves the date of purchase and the delivery date.