Seller’s legal warranty
All the products branded “Villa d’Este S.p.A.” (hereinafter referred to as the “Products”) are covered by the seller’s legal warranty of two years provided for by the Legislative Decree No. 206 of 6th September 2005 (hereinafter referred to as the “Consumer Code”).
The legal warranty of conformity is provided for by the Consumer Code (articles 128 et seq.) and protects the customer (hereinafter referred to as the “Customer”) in case of the purchase of products found to be defective, malfunctioning or that do not fulfill the use declared by Villa d’Este S.p.A. (hereinafter referred to as the “Seller”) or for which the product is generally intended. According to article 129 of the Consumer Code, a Product presents a lack of conformity if it is not suitable for the use for which products of the same type are intended for, if, it does not conform to the Seller’s description in terms of quality or performance, or if it does not have the usual quality and performance of a product of the same type that the Customer may reasonably expect, taking into account the nature of the Product.
Only the Customer who qualifies as a consumer, and that is a natural person who has purchased a Product for a use that is not related to an entrepreneurial, commercial, artisan or professional activity, can request the application of the legal warranty according to the Consumer Code. According to the articles 128 to 135 of the Consumer Code, the Customer has the right to the repair or replacement of the defective Product by the Seller, free of charge, unless one of the remedies is not possible or excessively onerous compared to the other. If it is not possible to carry out the replacement or the repair or if they are exceedingly onerous, the Customer has, in any case, the right to a price reduction or to the refund of an amount, proportionate to the value of the Product, against the return of the defective Product to the Seller. The Customer may claim his rights concerning the legal warranty of conformity by contacting directly the Seller.
The legal warranty lasts two years from the delivery of the Product and the defect of the Product must be notified by the Customer within two months of its discovery. It is therefore necessary for the Customer to always keep the proof of purchase (sale invoice).
In case the Customer discovers that a Product has a conformity defect, after 24 hours from its receipt, the Customer, who is already registered on the website www.villadestelaboutique.com must access his/her personal area by Login. The Customer will then have to click on the section “My Orders” and, subsequently, on “request return”, selecting the specific purpose of the request “Damaged product, lack of conformity or wrong sending” and attaching one or more pictures of the product in which the defect is clearly visible.
Once the Seller receives the claim:
- the Seller will evaluate the defect reported by the Customer and, after making the necessary quality checks to verify the actual non-conformity of the Product, it will decide whether to authorize the return of the Product by contacting the Customer, via e-mail at the address supplied by the latter, containing the instructions to carry out the return and the preprinted label with the return code. The authorization to return the Product shall not constitute in any way a recognition of the defect, the existence of which will be ascertained after the return. The Product for which the Seller has authorized the return will be returned by the Customer, together with a copy of the communication authorizing the return and after having applied the preprinted label with the return code on the parcel containing the Product, within 30 (thirty) days from
- the authorization for the return received from the Seller by e-mail, to the following address:
Villa d’Este SpA S.p.A.
Via Regina, 40
Cernobbio (Como) – 22012
- Once the Seller receives the Product, the Seller will examine it to verify whether the problem can be easily and immediately solved or whether on the other hand there are obvious causes for it to be excluded from the legal warranty (e.g. expiry of the coverage period, evident presence of accidental damage or damages caused by the Customer).
- The Seller will send the Product for the appropriate checks and for any repairs to the manufacturing company or the Seller will replace the Product itself if the repairs are not possible or exceedingly onerous or
- if no lack of conformity is found, the Seller will provide the Customer with an estimate for the repairs; The Customer may then decide whether or not to carry out the repairs at his/her expense. In this case, also any shipping charges are to be borne by the Customer.