Products’ guarantees

Many things have changed recently, as regards products’ guarantees, even if not always the traders and the consumers are fully aware of this. When the EU Directive 1999/44/CE was implemented in our country, by the Legislative Decree n. 24/2002, the Civil Code itself was updated. The new norms are aimed at guaranteeing an appropriate standard level of consumer protection, since before he was obliged to go from an assistance centre to another, was requested to pay for repairs or his requests were rejected, or sometimes great delays affected the assistance service’s efficacy.

The consumer has the right to obtain a good which conforms to the contract, having the requirements and technical features promised by the dealer. Flaws or lack of features being essential or having been promised by the dealer are considered as non conformities, upon which the 24 months guarantee applies, from the date of purchase. 

How to demonstrate the existence of a conformity lack, if the contract does not specify in detail the products’ features?

The law expects that there are some circumstances which involve the assumption of certain requirements and products’ features, in order to make it easier for the consumer to proof the lack. The following rules have been set: 

·          the effective non qualification of the good (it is not suitable to its normal use, generally ensured by similar products)

·          The lack of requisites and features that can be considered as normal ones, performed by similar products

·          a particular behaviour of the trader towards the consumer before the purchase (promises and assertions aimed at convincing the consumer to purchase)

·          the reasonable expectations that the consumer has communicated to the trader when purchasing the product (with regard to the product’s suitability for a certain use, specified by the consumer as his exigency)

·          the quality and features of the product shown as sample or model are essential part of the purchase contract (this rule also apply to distance sales)