All products sold from 01/01/2022, will get 3 years warranty, entering into force the Modification of the General Law for the Defence of Consumers and Users. This measure is implemented in the European Directive (EU) 2019/771 of 20 May 2019.
Article 114 General principles:
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, and is liable to the consumer and user for any lack of conformity that exists at the time of delivery of the product.
Article 115 Scope of application:
Contracts for the sale of products are included within the scope of this Title.
Article 116 Conformity of the products with the contract:
In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract provided that they meet all the requirements set out below, unless the circumstances of the case make any of them inapplicable:
They conform to the description given by the seller and possess the qualities of the product which the seller has presented to the consumer and user in the form of a sample or model.
Are fit for the uses to which products of the same type are normally put.
Are fit for any special use required by the consumer and user when he has made this known to the seller at the time of conclusion of the contract, provided that the seller has accepted that the product is fit for such use.
The lack of conformity resulting from incorrect installation of the product shall be treated as a lack of conformity of the product when the installation is included in the contract of sale or supply regulated in Article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which originates in materials supplied by the consumer and user.
Article 117 Incompatibility of shares:
The exercise of the actions provided for in this title shall be incompatible with the exercise of actions arising from the remedy for hidden defects in the sale. In any case, the consumer and user shall have the right, in accordance with civil and commercial legislation, to be compensated for damages arising from the lack of conformity.
Article 118 Liability of the seller and rights of the consumer and user:
In the event of a lack of stock and/or typographical error, we will inform you as soon as possible and we will proceed, whenever possible, to replace the product with a similar one, subject to prior agreement with the user. If you are not interested in the replacement or the reduction of another similar product offered, the contract will be terminated and the amount of your purchase will be refunded immediately.
Article 119 Repair and replacement of the product:
If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. As soon as the consumer and user informs the seller of the option chosen, both parties must abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases where repair or replacement fails to bring the product into conformity with the contract.
A remedy shall be deemed disproportionate if it imposes unreasonable costs on the seller in comparison with the alternative remedy, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative remedy could be carried out without major inconvenience to the consumer and user. In order to determine whether the costs are unreasonable, the costs for one form of remedy must also be significantly higher than the costs for the other form of remedy.
Article 120 Legal regime for the repair or replacement of the product:
Repair and replacement shall comply with the following rules:
They shall be free of charge for the consumer and user. This free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, in particular the shipping costs, as well as the costs related to labour and materials.
They shall be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and the purpose for which they were intended by the consumer and user.
The repair suspends the running of the periods referred to in Article 123. The period of suspension shall begin when the consumer and user places the product at the disposal of the seller and shall end when the repaired product is delivered to the consumer and user. During the six months following delivery of the repaired product, the seller shall be liable for the lack of conformity that gave rise to the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided for in this chapter.
Replacement suspends the periods referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In all cases, the second paragraph of Article 123.1 shall apply to the substitute product.
If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided for in this chapter.
The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
Article 121 Price reduction and termination of the contract:
The price reduction and the rescission of the contract shall take place, at the choice of the consumer and user, when the consumer and user cannot demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer and user. The termination shall not apply where the lack of conformity is minor.
Article 122 Criteria for price reduction:
The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
Article 123 Time limits:
The seller is liable for any lack of conformity that becomes apparent within two years of delivery. In the absence of proof to the contrary, it shall be presumed that any lack of conformity that becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
Unless there is proof to the contrary, delivery is understood to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
The seller is obliged to provide the consumer or user who exercises his right to repair or replacement with documentary proof of delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right. Likewise, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary proof of delivery, stating the date of delivery and, where appropriate, the repair carried out.
The action to claim compliance with the provisions of Chapter II of this Title shall be time-barred three years after delivery of the product.
The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
Article 124 Action against the producer:
When it is impossible or excessively burdensome for the consumer and user to take action against the seller for the lack of conformity of the products with the contract, he may claim directly against the producer in order to obtain the replacement or repair of the product. In general, and without prejudice to the fact that the liability of the producer shall cease, for the purposes of this Title, in the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when this relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them. The party liable to the consumer and user shall have a period of one year to take action against the party responsible for the lack of conformity. This period is calculated from the time when the remedy was completed.