Defective product

The seller is obliged to provide consumers with products that comply with what has been agreed while signing the contract and he is responsible in case the defect arises within two years from the purchase.

According to article 130 of the Italian Consumer Code, the seller is responsible towards the consumer for any defect of the product which, within the first six months, must be presumed to have existed at the time of the delivery, unless proved otherwise.

The consumer is entitled to have the product repaired or replaced for free or to get the money back within the first two years.

In case the repair or the replacement of the product is impossible, the consumer may require an appropriate reduction of the price or have the contract cancelled.

The repairs or the replacements must be completed by a reasonable time and without any unexpected difficulty for the consumer, taking account of the nature of the goods and the purpose for which the consumer has purchased the goods.

In case the defect is not a serious one, so that it would be impossible or disproportionate to complete the remedies of repair or replacement, the consumer cannot be entitled to cancel the contract. 

Sample letter - Defective product