Legal Warranty of Conformity
All products sold on segafredo.it are covered by the legal conformity guarantee provided for in articles 128-135 of the Consumer Code ("Legal Guarantee").
To whom the Legal Guarantee applies
The Legal Guarantee is reserved for consumers (see Article 3, paragraph 1, letter a) of Legislative Decree 6 September 2005, n. 206 - "Consumer Code"). It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisan, or professional activity. For those who have purchased on the Site and do not qualify as consumers, the guarantees for defects in the sold item, the guarantee for lack of promised and essential quality, and other guarantees provided for by the Civil Code will apply, with their relative terms, forfeitures, and limitations.
When the Legal Guarantee applies
The seller, and, therefore, as regards purchases made on the site, T-Data S.r.l. ("T-Data S.r.l.") is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which manifests itself within two years from such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
Unless proven otherwise, it is presumed that defects of conformity that manifest themselves within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect of conformity. Starting from the seventh month following the delivery of the product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.
To avail themselves of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the good. It is therefore advisable for the user, for the purposes of such proof, to keep the order confirmation email or the purchase invoice, if requested, or the transport document, or any other document that can attest to the date of purchase (for example, the credit card statement or bank statement) and delivery.
What is a lack of conformity
A lack of conformity exists when the purchased good:
1. is not fit for the purpose for which goods of the same type are normally used;
2. does not conform to the description given by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;
3. does not show the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account statements made in advertising or on labelling;
4. is not fit for the particular purpose intended by the consumer and which was made known to the seller at the time of the conclusion of the contract and which the seller has accepted.
Therefore, any failures or malfunctions caused by accidental events or user responsibility, or by a use of the product that does not conform to its intended use and/or to what is provided in the technical documentation attached to the product, are excluded from the scope of the Legal Guarantee.
Remedies available to the user
In the event of a defect of conformity duly reported within the terms, the user has the right:
- primarily, to the free repair or replacement of the good, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
- secondarily (i.e., if repair or replacement is impossible or excessively burdensome, or if repair or replacement has not been carried out within a reasonable time, or if previously carried out repair or replacement has caused considerable inconvenience to the consumer) to a price reduction or termination of the contract, at their choice.
The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to alternative remedies that can be pursued, taking into account: (i) the value that the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be pursued without significant inconvenience to the consumer.
What to do in case of a lack of conformity
In the event that a product purchased on this Site, during the validity period of the Legal Guarantee, shows what could be a lack of conformity, the user must, whether they purchased the Product as a registered user or made the purchase without registration, follow the procedure indicated below:
- Fill out the form on this page [link with anchor] by entering the requested information
- Enter the requested information
- If the defect is visible, send photographic documentation using the "attachments" function, while if the defect is not visible, provide a detailed description of it
- Using the "attachments" function, send a copy of the order confirmation and/or receipt or invoice.
T-Data S.r.l. will promptly respond to the report of the alleged lack of conformity and, if, based on the documentation received, it believes that there is a well-founded suspicion that the alleged lack of conformity may exist, without prejudice, on the one hand, to the rights granted to the user by law and, on the other hand, to the right of T-Data S.r.l. to ascertain the non-existence of the alleged defect, it will send the user by email instructions for returning the item and the "Return Code" RMA to be included in the package along with the Product subject to the report, and will contact the user to agree with them on the collection, at the expense of T-Data S.r.l., of the Product itself.
The user must then print the email message containing the RMA code, place it in the package, and send it along with the product to be returned.
We recommend that the destination "T-Data_SF modulo L1, Via Strasburgo 31, 41011 Campogalliano (MO)" be clearly stated on the return package. To shorten handling times as much as possible, we require that the RMA No. also be written on the outside of the package and clearly visible.
The user must deliver the package to the courier sent by T-Data S.r.l. on the agreed day and time.
Upon receipt of the reported Product, T-Data S.r.l. will verify the existence or non-existence of the alleged defect.
If it believes the defect exists:
a) in the event that the available remedy is the repair of the Product,
T-Data S.r.l. will carry out, also through third parties and, specifically, Essse Caffè SpA, the repair of the Product and will, at its own expense, deliver the repaired Product to the user within a maximum of 60 working days from the day on which it became aware of the report, upon receipt of the Legal Guarantee Request Form;
b) in the event that the available remedy is the replacement of the Product,
T-Data S.r.l. will proceed with the termination of the purchase contract and the refund of the Total Amount Due paid by the user, using the same payment method used for the initial transaction, within a maximum of 60 working days from the day on which it became aware of the report, upon receipt of the Legal Guarantee Request Form; the user must then proceed to place a new order through a Site, for the replacement Product, proceeding with payment for it, according to the methods indicated in the preceding article 13; T-Data S.r.l. will then, at its own expense, deliver the replacement Product to the user, within the delivery term indicated during the purchase process, and refund the user the Shipping Costs associated with the order of the replacement Product by crediting a purchase voucher of a corresponding amount; in relation to this purchase voucher, the preceding article 14.11 applies.
If, however, T-Data S.r.l., having received the reported Product, believes, following verification, that the alleged lack of conformity does not exist, it will communicate this to the user by e-mail and contact them to agree on the terms of collection or delivery of the Product, which must take place at the user's expense and responsibility, without prejudice to the rights recognized to the user by law.
Return request for defect
To request a return, access your user profile and initiate the procedure from the order you wish to return. To access your profile, simply click here.