Legal guarantee

Each good sold by Bazaar Italia to a "consumer" buyer, including goods with digital elements, is supported by the legal guarantee on consumer goods, which covers defects of conformity existing at the time of delivery of the good and which appear within 24 months from the date of delivery of the good.

If the contract for the sale of goods with digital elements provides for continuous supply for more than two years, the seller is liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent during the period of time during which the digital content or digital service must be supplied under the sales contract.

What is the legal guarantee?

It is the guarantee on the sale of consumer goods provided for by European Directives 2019/771 and 2019/770, also known as "guarantee of conformity", which protects you in the event that the goods you purchase present defects of conformity with respect to the sales contract ("Legal Guarantee").

This occurs, for example, in the case of goods, including goods with digital elements, which, where applicable: (i) do not correspond to the description, type, quantity and/or qualities and/or do not possess the functionality, compatibility, interoperability and other characteristics envisaged in the sales contract; (ii) are not suitable for the particular use which the consumer has brought to the attention of the seller at the latest at the time of delivery of the goods and which the seller has accepted; (iii) are not supplied with the accessories and/or instructions, including installation instructions, envisaged in the sales contract; (iv) are not supplied with the updates envisaged in the sales contract or which are necessary in order to maintain the conformity of the goods as envisaged in the sales contract; (v) are not suitable for the purposes for which goods of the same type are generally used; (vi) do not possess the qualities and do not correspond to the description of a sample or model made available by the seller to the consumer before the conclusion of the contract; (vii) are not of the quantity and do not possess the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, ordinarily present in a good of the same type and which the consumer can reasonably expect.

If, at the time of conclusion of the sales contract, you were specifically informed of the fact that a particular characteristic of the goods deviated from the objective requirements of conformity listed above and you expressly accepted such deviation at the time of purchase, you will not be able to assert the Legal Guarantee in relation to that particular characteristic.

In the event of a lack of conformity due to incorrect installation of the goods, you may assert the Legal Guarantee only if the installation was carried out by the seller or if it was carried out by you on the basis of incorrect or incomplete instructions from the seller.

How long does the Legal Guarantee last?

The Legal Guarantee covers defects of conformity existing at the time of delivery of the goods and which become apparent within 24 months from the date of delivery of the goods you purchased, even if on that date the defect was not immediately detectable.

Unless proven otherwise, it is presumed that any lack of conformity which becomes apparent within one year of the date of delivery of the goods, including goods with digital elements, already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.

For goods with digital elements for which the sales contract provides for the continuous supply of the digital content or digital service over a period of time, the burden of proof as to whether the digital content or digital service was in conformity within two years lies with the seller, unless the contract provides for the supply of the digital content or digital service for more than two years, in which case the burden of proof lies with the seller for the entire duration of the contract.

Any action aimed at asserting lack of conformity expires within 26 months of delivery of the goods, unless the defects have been fraudulently concealed by the seller.

We recommend that you always keep the receipt of purchase of the goods, as well as the shipping and delivery confirmation documents of the goods (where applicable).

Am I entitled to the Legal Guarantee?

The Legal Guarantee is only applicable to the consumer, that is, to those who purchase goods for non-professional purposes. The Legal Guarantee does not apply if you purchase goods for professional purposes or those related to your commercial activity.

What is the difference between my rights as a consumer and the guarantee provided by the manufacturer of a good?

Manufacturers of goods often offer a guarantee on those goods, either at no extra cost or for a fee. These guarantees are always provided separately by the manufacturer and are in addition to your rights as a consumer. This means that the guarantee provided by the manufacturer of a good does not replace or limit your rights as a consumer in any way. The coverage and length of the guarantee provided by the manufacturer of a good may vary but, generally, such a guarantee gives you options for repair or replacement for faulty goods that become faulty within a certain period of time.

What rights does the Legal Guarantee give me?

If the good you have purchased, including goods with digital elements, has a defect covered by the Legal Guarantee, you have the right, without having to bear any expense, to choose to receive the repair or replacement of the non-compliant good by the seller, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the seller, taking into account the value of the good, the extent of the defect and the possibility of experiencing the alternative remedy without significant inconvenience for you.

The seller may refuse to bring the goods into conformity if, taking into account all the circumstances, repair and replacement are impossible or if the costs which the seller would have to bear are disproportionate.

You are entitled to a proportional reduction in the price or to terminate the contract in the following cases: (a) if the replacement or repair of the goods is not possible or is excessively expensive; (b) if the seller has not repaired or replaced the goods within a reasonable period of time; (c) if the replacement or repair of the goods has caused you significant inconvenience; (d) if a lack of conformity occurs despite the seller's attempt to restore the conformity of the goods; e) if the lack of conformity is so serious as to justify the immediate reduction in price or termination of the sales contract.

The price reduction will be proportional to the decrease in value of the good you received compared to the value it would have had if it had been compliant.

To exercise the right to terminate the sales contract, you must address to the seller a declaration containing the express manifestation of the will to terminate the sales contract.

Please note that a minor defect for which it has not been possible or is excessively expensive to pursue the remedies of repair or replacement does not give the right to terminate the contract.

In the case of goods with digital elements, if the seller has informed you of the availability of an update and you have not installed it within a reasonable period, the seller will not be liable for any lack of conformity resulting solely from the lack of the relevant update, unless you have been informed of the consequences of failing to install it or the installation instructions were incorrect or incomplete.