Guarantees and right of withdrawal
Guarantees and right of withdrawal
6. Legal guarantee of conformity and reporting of conformity defects
6.1 Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), Phorma S.r.l. warrants to the Consumer Buyer that the Products will be free from design and material defects and conform to the descriptions published on the site for a period of 2 (two) years from the date of delivery of the Products to the Consumer.
The 24-month warranty pursuant to Legislative Decree no. 24/2002 applies to products that have a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for private consumers (individuals who purchase goods for purposes not related to their professional activity, or make the purchase without indicating a VAT number in the order form). In the event of a lack of conformity, Phorma S.r.l will restore the conformity of the product by repairing / replacing or reducing the price, until the contract is terminated. The Customer must send the goods to the registered office of Phorma S.r.l C.so Roma 64 – 28028 Pettenasco (NO) Italy. In the event that, for any reason, it is unable to return a product under warranty (restored or replaced) to its Customer, Phorma Srl may proceed at its discretion to return the entire amount paid or to replace it with a product with characteristics similar or higher. If, following intervention by an Authorized Service Center, the defect does not result in a lack of conformity pursuant to Legislative Decree no. 24/2002, the Customer will be charged for any verification and restoration costs required by the Authorized Assistance, as well as transport costs if incurred by Phorma S.r.l.
6.2 Under penalty of forfeiture of this warranty, the Consumer has the duty to report any defects and non-conformities within and no later than 2 (two) months from the discovery, by sending (1) to the address email@example.com, (1) the indication of the defect and / or non-conformity found, (2) one or more photographs of the product and (3) the tax receipt sent by Phorma Srl (attached to the product).
6.3 Phorma S.r.l. will evaluate the defects and non-conformities reported by the Consumer (as per paragraph 6.2) and, after having carried out the quality checks aimed at verifying the actual non-conformity of the Product, will provide the Consumer with feedback.
6.4 If Phorma S.r.l. is unable to assess the defects and non-conformities reported by the Consumer through what is requested in paragraph 6.2, he may request the provisional return of the product.
6.5 In case of provisional return, the consumer will be responsible for organizing the shipment to Phorma S.r.l C.so Roma 64 – 28028 Pettenasco (NO) Italy. These transport costs will be reimbursed, upon presentation of suitable receipts, in the event that Phorma S.r.l actually deems the product not intact. The products must be returned intact, unused and accompanied by the identification tag attached and placed in their original packaging. It is also essential that the products are packaged in a container suitable for transport. The risks and direct costs of returning the goods will be borne by the consumer. Once the product has been received, if Phorma Srl recognizes the non-conformity, it will be required to reimburse the Consumer for the price paid (including all transport costs incurred, upon presentation of suitable receipts) within 30 days of receipt of the product, provided it seller in the situation of being able to make the refund which will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the consumer’s responsibility to communicate the bank IBAN codes to Phorma srl, again by e-mail at firstname.lastname@example.org, to make any bank transfer in his favor and to ensure that Phorma Srl is able to return the amount due. If, on the other hand, Phorma S.r.l deems the product compliant, it will send it back to the customer, charging the consequent transport costs (identifiable on the site as an ordinary shipping rate).
6.6 If Phorma S.r.l. instead, if it recognizes the defects and non-conformity of the product through the information transmitted by the consumer as required in paragraph 6.2, it will authorize the definitive return of the product. It will be the consumer’s responsibility to organize the shipment to Phorma S.r.l C.so Roma 64 – 28028 Pettenasco (NO) Italy. These transport costs will be reimbursed upon presentation of idon receipts