LEGAL GUARANTEE OF CONFORMITY

All Products purchased through the Site enjoy the legal guarantee of conformity (“Legal Guarantee”). For all that is not expressly regulated below, the most favorable discipline to the Consumer under the Consumer Code

For each product purchased by a consumer, the latter will benefit from the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code.

The Legal Guarantee from the Seller shall apply to defects of conformity that occur within 2 (two) years from the date of delivery of the Product and which are reported by the consumer within 2 (two) months from the date of discovery of the defect, under article 132 of the Consumer Code, or within a longer period if provided for by the different legislation that may be applicable according to article 11 of the GCS. The action to enforce the guarantee for defects by the consumer shall expire after 26 (twenty-six) months from delivery of the Product or within longer periods if provided for by any other applicable legislation according to article 11 of the GCS.

It should be noted that the lack of conformity exists when one of the following circumstances occurs: (i) the product is not fit for the purpose for which it is normally used; (ii) does not conform to the description or does not possess the qualities promised by the seller; (iii) does not offer the usual qualities and performances of a product of the same type; (iv) is not suitable for the particular use desired by the consumer,  if brought to the knowledge at the time of purchase and accepted by the seller.

The consumer will remain, in any case, the holder of the rights arising from the Legal Guarantee described above, regardless of the signing of other conventional guarantees, whether they are free or paid.

Remedies available to the consumer

In the event of a lack of conformity, the Consumer customer may request, at his choice, the repair of the Product or its replacement, unless the requested remedy is objectively impossible disproportionate concerning the other, under the provisions of article 130 paragraph 4 of the Consumer Code.

In particular, a remedy is to be considered disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable taking into account: (i) the value that the good would have if there was no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy could be completed without significant inconvenience for the Consumer Customer.

Unica Luxury undertakes to have the defective product repaired or replaced within a reasonable time from the warranty request, taking into account the characteristics of the product to be repaired or replaced. Alternatively, the Consumer customer may request, at his choice, an appropriate reduction of the price of the product or the termination of the contract, if one of the following situations occurs: (i) the repair or replacement is impossible or excessively expensive; (ii) Unica Luxury has not repaired or replaced the Product within a reasonable period; (iii) the replacement or repair previously carried out has caused significant problems. A minor lack of conformity for which it was not possible or is excessively burdensome to undergo remedy of repair or replacement does not entitle the termination of the contract.

After Unica Luxury has received the complaint of the lack of conformity, it will offer the consumer any other available remedies, with the following effects:

(i) if the consumer has already requested a specific remedy, Unica Luxury will remain obliged to implement it, with the necessary consequences with the regard to the appropriate expiration date, unless the consumer accepts the proposed alternative remedy;

(ii) if the consumer has not already requested a specific remedy, he may accept the proposed remedy or reject it by choosing another of the remedies provided by law. 

Cases of exclusion of the Legal Guarantee

The consumer will not have the right to repair, replace, reduce the price or terminate the Contract concerning any product or any component identified as defective unless otherwise provided and under the applicable law, if:

(i) the products have been repaired or altered by persons other than Unica Luxury or by any other person other than those authorized by Unica Luxury and/or

(ii) the lack of conformity of the product or products has become apparent only after 2 (two) years from delivery of the product and/or the request for repair or replacement of the defective product or products has been sent after 2 (two) months from the discovery of the defect; and/or

(iii) the defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation, performed by people other than Unica Luxury or any other person other than those authorized by Unica Luxury – or any failure to comply with the instructions supplied by Unica Luxury together with the delivered Products; and/or

(iv) at the time of conclusion of the agreement, the consumer was aware of the defect and could not ignore it with ordinary diligence; and/or

(v) the lack of conformity derives from instructions or materials provided by the consumer.

Operating procedures for the enforcement of the Legal Guarantee by the Customers

The Legal Guarantee shall be enforced directly against Unica Luxury:

(i) by e-mail. The consumer can contact Unica Luxury by sending his request writing to the following email address info@unicaluxury.com . The staff will provide the Customer with the necessary information regarding the conditions and procedures for the Legal Guarantee.