Legal guarantee of conformity
All products sold by jane22 are covered by the legal guarantee of conformity provided for in articles. 128-135 of the Legislative Decree n. 206/2005 (Consumer Code).
To whom it applies
The legal guarantee is reserved for consumers. It therefore finds application only to users who have made the online purchase for purposes unrelated to business, commercial, craft or professional activity carried out.
When it applies
The seller (and, therefore, regarding purchases made online, jane22) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and that occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
Unless proven otherwise, it is presumed that the conformity defects that occur within six months from the delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. From the seventh month after the delivery of the product, it will instead be the burden of the consumer to prove that the lack of conformity already existed at the time of delivery of the same.
In order to benefit from the legal guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore appropriate that the user, for the purposes of such proof, keeps the purchase invoice, which jane22 sends to him as well as the delivery notes or any other document that can attest to the date of the purchase and the date of delivery.
The action aimed at asserting the defects not maliciously concealed by the seller is prescribed, in any case, within twenty six months from delivery of the goods; the consumer, who is agreed for the execution of the contract, can nevertheless always assert the rights referred to in article 130, paragraph 2, of the Consumer Code provided that the lack of conformity has been reported within two months from the discovery and before of the expiry of the period referred to in the previous period.
What is the lack of conformity
There is a lack of conformity when the purchased good:
– is not suitable for the use to which goods of the same type are normally used;
– does not conform to the description given by the seller and does not possess the qualities of the good presented by the seller to the consumer;
– does not present the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling;
– is not suitable for the particular use intended by the consumer and which has been brought to the knowledge of the seller at the time of conclusion of the contract and that the seller has accepted.
Therefore, any faults or malfunctions caused by accidental events or by the user’s responsibility or by use of the product that does not conform to its intended use and / or as provided for in the technical documentation attached to the product are excluded from the scope of the Legal Warranty.
Remedies available to the consumer
In case of lack of conformity duly reported in the terms, the consumer has the right:
– primarily, to the free repair or replacement of the good, at his choice, unless the remedy requested is objectively impossible or excessively burdensome with respect to the other;
– on a secondary basis (in the case where the repair or replacement is impossible or excessively expensive, or the repair or replacement has not been carried out within the reasonable time, or the repair or replacement previously carried out have caused significant inconvenience to the consumer) to the appropriate reduction of the price or termination of the contract, at his discretion. In determining the amount of the reduction or the sum to be repaid, the use of the asset is taken into account.
The remedy required is excessively burdensome if it imposes unreasonable costs on the seller in comparison to the alternative remedies that can be carried out, taking into account (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.
After reporting the lack of conformity, the seller can offer the consumer any other remedy available, with the following effects:
a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences on the commencement of the appropriate term, subject to acceptance by the consumer of the proposed alternative remedy;
b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another of the aforementioned remedies.
A minor defect of conformity for which it was not possible or it is excessively costly to carry out remedies for repair or replacement, does not give the right to terminate the contract.
What to do in the presence of a lack of conformity
In the event that a product purchased online, during the period of validity of the Legal Warranty, shows what could be a lack of conformity, the user can contact jane22 at the following addresses:
– via email at email@example.com
– via Certified e-mail to the address firstname.lastname@example.org;
– by phone from Monday to Friday, from 09.00 to 17.00 at number 0039- 035-912450
Jane22 will promptly reply to the communication, indicating to the user which next steps he will have to complete.
The product in respect of which the user complains about the lack of conformity must be sent to Jane22 in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment), which will verify whether or not the defect complained following address:
Blueomnia via Mazzini n0 1 25030 Paratico (Bs) Italy
To limit damage to the original packaging, we recommend, when possible, to place it in a second box; in all cases, the affixing of labels or adhesive tapes directly onto the original packaging of the product should be avoided.
To return the product with respect to which the user complains about the lack of conformity, Jane22 will have to provide you by means of carrier.
Jane22 reserves the right to ask the user to attach to their request the purchase invoice and / or the DDT or other document that proves the date of purchase and the date of delivery.
Right of Withdrawal
The Consumer has the right to withdraw from the contract, without stating the reasons, within 14 days.
The withdrawal period expires after 14 days:
a) in the case of a contract for the sale of a single good, from the day on which the consumer or a third party, other than the carrier and designated by the consumer himself, acquires physical possession of the goods;
b) in the case of a contract for the sale of multiple goods, ordered in a single order and delivered separately, from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires the physical possession of the last good;
c) in the case of a contract of sale relating to the delivery of goods consisting of lots or multiple pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer himself, acquires physical possession of the last lot or piece.
The right of withdrawal is excluded for the supply of goods made to measure or clearly personalized.
To exercise the right of withdrawal, the consumer is required to inform jane22 at the following address:
– via email at email@example.com
– via Certified e-mail to the address firstname.lastname@example.org;
– by phone from Monday to Friday, from 09.00 to 17.00 at number 035-912450
of his decision to withdraw from the contract by an explicit declaration (for example, a letter sent by post, fax or e-mail). For this purpose, the customer can use the attached withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
The burden of proof relating to the exercise of the right of withdrawal in accordance with this article lies with the consumer.
Effects of withdrawal
If the customer withdraws from the contract, all payments made to jane22 will be reimbursed, including delivery costs (with the exception of additional costs resulting from his choice of a type of delivery other than the less expensive type of standard delivery) offered by jane22), without undue delay and in any case not before having received the returned products.
Jane22 will make such reimbursements using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise; in any case, no costs will be incurred as a consequence of such reimbursement. In the event of a multiple order withdrawal, the delivery costs relating to the same will not be reimbursed, unless the customer withdraws from the entire multiple order.
Consumer obligations in case of withdrawal
The consumer must return the products, without undue delay and in any case within 14 days from the day on which he communicated to jane22 his withdrawal from the contract. The deadline is met if the consumer returns the goods or delivers them personally before the expiry of the period of fourteen days.
The products must be returned in the original packaging and attached with the original identification tag.
– the products must not have been used, worn, washed or damaged;
return of the product by the carrier of your choice, in the original package and with attached identification tag intact.
The consumer is solely responsible for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The Product must in any case be kept, handled and inspected with the normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all the accessories and leaflets, with identification tags and labels, where present, still attached to Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal is applied to the Product in its entirety. It can not therefore be exercised in relation to parts and / or accessories of the Product.
In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law, it will not result in termination of the contract and, consequently, will not give right to any reimbursement.
Jane22 will inform the user within 5 working days of receiving the product, rejecting the request for withdrawal. The Product, if already received by Jane22, will remain at the user’s disposal for collection, which must be done at the expense and under the responsibility of the user.
In the event that the product for which the withdrawal was exercised has undergone a decrease in value resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the product, the repayment amount will be reduced of an amount equal to this decrease in value. Of the circumstance and the consequent diminished repayment amount Jane22 will inform the user within 5 working days from receipt of the Product, providing to the same, in the case in which the reimbursement has already been paid, the bank details for the payment of the amount due from user due to the decrease in value of the product.
Through the jane22 service, only top quality products are offered, made in compliance with legal standards and bearing the necessary certificates of compliance with European procedures, issued directly by the producers. Jane22, in fact, sells merchandise produced by third-party suppliers and in its own craft workshop ennobles the product embellishing it with Swarovski crystals, however, as a seller, pursuant to and for the purposes of art. 130 of the Consumer Code, jane22 is liable to the consumer for any lack of conformity existing at the time of delivery of the goods, providing warranty on defects and discrepancies for the term provided by Italian law.