Legal guarantee and defective or non-conforming products

This English translation is provided for your convenience. In case of any discrepancy between the Italian and the English version, the Italian version prevails.

Legal guarantee of conformity

Products sold by FX4.it to consumers are covered by the legal guarantee of conformity provided for by the Italian Consumer Code (Legislative Decree 206/2005).

The legal guarantee is provided directly by the seller:

ATD S.R.L. – Single-member company
Via Ferrante Imparato 190, 80146 Napoli (NA)
Email: info@fx4.it
PEC: atdpec@pec.it

The consumer can therefore contact ATD S.R.L. directly and is not required to contact the manufacturer or an external service centre.

Duration

For new products, ATD S.R.L. is liable for defects of conformity that become apparent within two years of delivery.

Legal action to enforce a defect not fraudulently concealed by the seller is time-barred after 26 months from delivery.

The legal guarantee cannot be excluded or limited with regard to the consumer.

When a product is non-conforming

A product may be considered non-conforming when, for example, it:

• does not match the description or the characteristics indicated;
• does not have the quality, functionality or performance that can reasonably be expected;
• is not fit for its normally intended use;
• is not fit for the particular purpose made known to and accepted by the seller;
• is delivered in a quantity, size, length, diameter or thickness different from that ordered;
• lacks the accessories, instructions or components provided for;
• has manufacturing defects or original malfunctions.

How to report the problem

The customer must send the report to:

info@fx4.it

stating, where available:

• first name and surname;
• order number;
• product concerned;
• product code or reference;
• description of the problem;
• date on which the problem was detected;
• useful photographs or videos;
• any photograph of the packaging and the shipping label.

The order number makes it easier to handle the case, but the customer can also prove the purchase with other suitable documentation.

Before shipping the product on their own initiative, the customer is asked to wait for instructions from ATD S.R.L. to avoid unnecessary costs or transport arrangements.

Available remedies

In the event of a lack of conformity, the consumer may request, in the first instance:

1. the repair of the product; or
2. the replacement of the product.

The chosen remedy must be carried out:

• free of charge for the consumer;
• within a reasonable period;
• without significant inconvenience;
• taking into account the nature of the product and the purpose for which it was purchased.

ATD S.R.L. may propose the alternative remedy when the one requested is impossible or would entail disproportionate costs compared with the other available solution.

Price reduction or termination

The consumer may request a proportionate reduction in the price or, in the cases provided for by law, termination of the contract when:

• repair and replacement are impossible or excessively burdensome;
• ATD S.R.L. has not restored conformity within a reasonable period;
• the defect persists despite the attempt to restore conformity;
• the defect is sufficiently serious;
• it is clear that conformity will not be restored without significant inconvenience or within a reasonable time.

Termination of the contract is not normally available when the defect is minor.

Return costs

When the defect is recognised as covered by the legal guarantee, the costs necessary for repair, replacement and handling of the return are not borne by the consumer.

ATD S.R.L. will inform the customer of the procedure to follow and of any carrier to be used.

Products must not be shipped cash on delivery without prior authorisation.

Defects appearing within one year

Unless proven otherwise, when the defect becomes apparent within one year of delivery, it is presumed to have already existed at the time of delivery.

When the defect becomes apparent after the first year, the consumer may have to prove that the cause of the lack of conformity was already present at the time of delivery.

Customised and cut-to-size products

The legal guarantee also applies to customised or cut-to-size products.

The exclusion from the right of withdrawal does not remove the legal guarantee.

The customer can therefore request assistance when the product:

• has been cut to a size different from the one ordered;
• has defects in material or workmanship;
• does not match the confirmed characteristics;
• is damaged or unusable for reasons not attributable to the customer.

However, an error in the sizes entered by the customer does not constitute a lack of conformity when the product has been made correctly according to the instructions received.

Cases not covered

The legal guarantee does not cover problems arising, for example, from:

• normal wear and tear;
• improper use or use contrary to the instructions;
• incorrect assembly or installation carried out by the customer or by third parties;
• unauthorised modifications, processing or repairs;
• impacts, falls, external agents or inadequate storage;
• incorrect choice of sizes or characteristics entered by the customer;
• professional use incompatible with the declared characteristics of the product.

These exclusions do not apply when the damage results from incorrect or incomplete instructions provided by the seller.

Original packaging

The absence of the original packaging does not automatically entail the loss of the legal guarantee.

The customer must nevertheless use suitable packaging when the product has to be transported, so as to avoid further damage.

Products damaged in transit

If the packaging is visibly damaged, the customer is asked to accept the delivery with a specific reservation, describing the anomaly on the courier’s document.

The report must be sent as soon as possible to info@fx4.it, attaching photographs of the parcel and the product.

Failure to make a reservation does not automatically entail the loss of the mandatory rights granted to the consumer.

Manufacturer’s commercial guarantee

Any commercial guarantee offered by the manufacturer is in addition to the legal guarantee and does not replace it.

The duration, conditions, limitations and procedures of the commercial guarantee are set out in the documentation provided by the manufacturer.

Business purchases

For purchases made in the course of a business, commercial, craft or professional activity, the consumer rules described above do not apply.

Such purchases are governed by the provisions of the Italian Civil Code and any conditions specifically agreed between the parties.