Goods purchased from subjects other than the consumer (the old civil code rules apply);

Goods purchased from consumer (new articles apply: from 1519 – bis to 1519 – nonies).

The decree consists of two new articles:

Entering a new article in the civil code, after the paragraph of the sale of mobile things, i.e. the paragraph "of the sale of consumer goods" (from 1519 – bis al 1519 – nonies).

Entering certain transitional rules to regulate purchases made before 23 March 2002 and until 30 June 2002.

Scope of application

The new legislation applies exclusively to contracts for the sale of consumer goods concluded with the consumer, whereby consumer means the natural person acting for reasons outside of any business or professional activity. For consumption it is identified any mobile goods also subject to assembly, except for goods for forced sales or sold by judicial authorities water, gas, electricity.

Compliance with the sales contract

Del defect of conformity existing at the time of delivery of the goods and manifested within two years the seller is responsible for it. The lack of conformity of the contract of sale means both in the case of intrinsic defect of the product (operational defect), and from the non-responsibility of what agreed at the time of purchase:

the good do not match to the functions described by the seller and do not present the qualities shown to sample;

the good not suitable to the usual use that goods of the same type are intended, or is not suitable for the use desired by the consumer and brought to the knowledge of the seller;

the good no match to the expectations that reasonably the consumer can expect from public statements (publicity) or made by the seller.

It also falls into the lack of conformity:

the incorrect installation, carried out by seller or by others under his responsibility, when this is included in the contract of sale;

the incorrect installation of the goods carried out by consumer, when the good is designed to be installed by the same and the installation instructions are lacking.

Repair or replacement mode

The CAT-defined organization (technical assistance centre) is the only one responsible for assessing compliance defects. The CAT authorized by the producers will operate according to the instructions in advance and contractually from these issues. The manufacturer and the retailer entrust the manufacturer's authorised CAT with the obligation to control the validity of the warranty and the presence of the necessary documentation:

tax receipt with article description;

tax receipt with proof document the description of the good;

tax receipt accompanied by conventional warranty certificate.

THEverification of defect and the consequent repair without expense to the consumer. In the case of the CAT verify that the lack of conformity is not attributable to the manufacturer the consumer will have to bear any transfer costs of the technician, the cost of the verification and repair after prior consent of the same;
any authorisation to change the product.
The manufacturer and the retailer agree that for the purposes of compliance with the congruous term, that the time necessary for the repair of the goods or for the replacement is fixed in 15 working days.
The products considered for weight and volume not easily transportable will be objects of restoration of conformity and possible withdrawal and return to home.
To the third request for intervention for the same defect established by CAT and proven by the two unsuccessful processing bubbles that occurred no later than 8 months from the first, the CAT will release the authorization to replace.
Products viewed at the CAT for which it is established that the lack of conformity has been caused by improper use, the costs of restoration will be at total expense of the consumer.