Legal Notice

Guarantee of conformity:

The guarantee of conformity of the products sold by Ahipoku in favor of the consumer customer is provided by virtue of the rules contained in the Legislative Decree 6 September 2005 n. 206 (Consumer Code) on guarantees in the sale of consumer goods. Ahipoku provides the official European guarantee for a duration of 24 months from the date of purchase. By virtue of this guarantee, it is possible to obtain direct and immediate assistance for the products purchased, from the official technical service of the manufacturer within six months from the date of purchase. Beyond six months but in any case within 24 months of purchase, the consumer is entitled to guarantee as long as he proves that the defect was present at the time of purchase. The consumer loses the right to assert the aforementioned guarantee if he does not report the lack of conformity within 2 months of its discovery. The warranty is valid for the following defects:

  • the product does not correspond to the agreement;
  • the product does not possess the essential characteristics;
  • the product does not correspond to the usual use and quality;

Ahipoku will not be held responsible for any damage that may derive from misuse or wear, unprofessional handling or installation, malfunction due to short circuit. The warranty does not apply in the event of factors unrelated to the normal use of the product, such as increases or decreases in voltage, use of inappropriate accessories or prohibited by manufacturers, falls, water, fire or incorrect or abusive use by the Customer or third parties persons not authorized by the manufacturer. The warranty is also excluded for defects that were already known by the Customer at the time of purchase. The guarantee of conformity of the products sold in favor of subjects qualified as professionals, is only the conventional one as expressly provided by the relative Manufacturer. Ahipoku undertakes to provide the professional Customer, upon request, with the text of the contractual conditions under which the Manufacturer undertakes to provide the aforementioned conventional guarantee if they are not provided directly by the Manufacturer together with the product.

Method:

it is up to the Customer, before returning a non-conforming item, and in order to assert the guarantee, to agree, also via e-mail, with Ahipoku within 10 days from the date of the complaint of the conformity defect, the method of returning and delivering the product. Upon receipt of this communication, Ahipoku undertakes to indicate to the Customer the place and method of delivery of the product. In the case of bulky products, Ahipoku will collect them via its own courier. If the Customer, within the aforementioned term of 10 days starting from the notification of the lack of conformity, fails to agree with Ahipoku the methods of exercising the guarantee, including the methods of relating to the return of the product, he will lose the right to enforce the guarantee. . In any case, the serial number of the product deemed non-compliant must correspond with the one present in the commercial archives of Ahipoku. Once the Product has been received, Ahipoku will check it, also making use of the Manufacturer’s facilities and, if the lack of conformity is found, it will send the repaired or replacement product to the Customer. If, upon the outcome of the check, the product is not affected by a lack of conformity, Ahipoku will inform the customer about the costs necessary for its repair or replacement. The costs relating to the transport of products that do not have conformity defects will be charged to the Customer. The internal complaints procedure can take a few days. In the event of a complaint of lack of conformity, Ahipoku will promptly contact the Customer to inform him and possibly propose the replacement of the defective product with alternative products, of equivalent or superior value and quality.

Right of withdrawal

The current rules on electronic commerce apply.

Extract:

What is that?

The right of withdrawal or “right to reconsider” is one of the most important rights attributed to the consumer by the Consumer Code.
It allows the consumer to change their mind about the purchase made, freeing themselves from the concluded contract, without giving any reasons. He will then be able to return the goods and obtain a refund of the amount paid.

When is it scheduled?

In general, the right of withdrawal is provided for contracts concluded at a distance between a professional and a consumer. However, there are numerous exceptions, listed in Article 59 of the Consumer Code:

a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional;
b) the supply of goods or services whose price is linked to fluctuations in the financial market that the trader is unable to control and which may occur during the withdrawal period;
c) the supply of goods made to measure or clearly personalized;
d) the supply of goods which risk deteriorating or expiring rapidly;
e) the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods
g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by the professional;
h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of this visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;
i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
m) contracts concluded at a public auction;
n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of performance;
o) the supply of digital content through a non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal “.

Sellers are required to explicitly specify the existence of the right or its inapplicability to the specific case.

By when can it be exercised?

The right of withdrawal in the e-commerce field can be exercised within 14 days, which must be counted as follows:

in service contracts, from the moment the contract is concluded;
in sales contracts, from the day on which the consumer or a third party, designated by him to receive the goods, materially comes into possession of it.
In the event that the professional has not informed the consumer about the existence of the right of withdrawal, the deadline for its exercise is extended to 12 months, additional to the initial 14 days.

How to exercise it?

To exercise the right of withdrawal, the consumer must inform the seller of his decision within 14 days, by means of a specific form or by any other communication that is suitable for expressly expressing the decision.
Sellers are required to expressly specify how to exercise the right of withdrawal, but the consumer is not bound by them.
The communication of the will to exercise the right can be made through traditional methods or through electronic communications. In particular, the professional can provide for the electronic compilation of the form for exercising the right of withdrawal attached to the Consumer Code or provide for such communication through other forms, such as by filling in the appropriate form prepared on the professional’s website.
Upon receipt of the communication, the professional is required to confirm receipt without delay, providing the consumer with confirmation of receipt of the communication on a durable medium.

The effects of the withdrawal: return of the goods and reimbursement

The withdrawal frees the consumer from the contractual obligations assumed. The consumer is obliged to return the goods and the trader is obliged to reimburse the payment received.
The consumer is obliged to return the goods received, without undue delay and within 14 days from the date on which he communicated his decision to exercise the right of withdrawal to the professional.
The costs for the return are borne by the consumer, unless there is a different agreement and provided that the consumer has been informed of these costs before the conclusion of the contract.
The trader is required to reimburse the payment received within 14 days from the moment he is informed of the consumer’s decision to exercise this right. He may, however, withhold the refund until he has received the goods or until the consumer proves that he has shipped them.
The costs incurred for the initial shipment of the goods, from the professional to the consumer, must also be returned if the consumer has chosen the cheapest shipping method among those offered by the professional. If, on the other hand, the consumer has chosen a type of delivery that involves higher costs than the cheapest offered by the professional, the shipping costs will be borne by him, unless otherwise stipulated in the contract.
The refund must be made using the same payment method used by the consumer for the initial transaction, unless otherwise expressly agreed between the parties.

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