Legal Guarantee

Legal Guarantee of Conformity

All goods sold on the Website are covered by the legal guarantee of conformity provided for in Articles 128-135 of the Consumer Code (“Legal Guarantee”).

Scope of application
The Legal Guarantee is reserved to consumers. It therefore applies only if the consumer has purchased our goods on the www.lamandeshop.it website (“Website“) for purposes unrelated to his/her business, commercial, craft or professional activity. The customers who have purchased on the Website but are not consumers will be covered by the guarantee for defects of the product sold, the guarantee for defects of promised and essential quality and the other guarantees provided by the Civil Code with the relative terms, forfeitures and restrictions.

Application of the Legal Guarantee
The seller (and, therefore, as regards purchases made on the Website, the company “L’Amande Srl” with registered office at 17100 Savona (SV), via S. Giovanni Bosco 3/5, corporate capital: 450,000.00 euros fully paid-up, REA Savona No. 165768, registered in the Business Register of Savona, with registration number, VAT number and Tax Code 01655020095; “L’Amande“) is liable to the consumer for any lack of conformity existing at the time of delivery of the goods and that occurs within two years of 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 assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the goods, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of the delivery.

In order to take advantage of the Legal Guarantee, the consumer must therefore provide evidence of the goods purchase and delivery date. It is therefore advisable that, for the purposes of this evidence, the consumer keeps the order confirmation e-mail or the purchase invoice, if any, or the transport document or any other document that can attest the purchase (for example the credit card statement of account or the bank statement of account ) and the delivery date.

Lack of conformity
There is a lack of conformity when:

1. the goods purchased are not fit for the use for which goods of the same type are normally used;
2. the goods purchased do not comply with the description given by the seller and do not possess the qualities of the goods which the seller has held out to the consumer as a sample or model;
3. the goods purchased do not show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling;
4. the goods purchased do not fit the particular purpose the consumers requires them for, and which he had notified to the seller at the time of conclusion of the contract, and which the seller has accepted;

Any faults or malfunctions caused by accidental facts or by the consumer responsibility or by a use of the goods that is not in conformity with their intended use and/or with what is foreseen in the technical documentation attached to the goods are excluded from the scope of the Legal Guarantee.

Consumers’ rights
In case of duly notified lack of conformity:

– primarily, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, unless the remedy requested is impossible or disproportionate;

– secondarily (if the repair or replacement is impossible or excessively expensive and if the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out have caused significant inconvenience to the consumer) the consumer shall be entitled to have a price reduction or the contract resolution, at the consumer choice.

The remedy shall be considered disproportionate if it imposes costs on the seller which, in comparison with the other remedy, are unreasonable, taking into account: (i) the value the goods would have if there were no lack of conformity; (ii) the significance of the lack of conformity; (iii) whether the alternative remedy could be completed without significant inconvenience to the consumer.

Notice of a lack of conformity
If the goods purchased on the Website, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, please contact the Customer Service, at the following addresses:

– by e-mail to: servizio.clienti@lamandeshop.it;
– by mail to L’Amande Srl – Via S. Giovanni Bosco, 3/5 17100 Savona c/o Servizio Clienti;
– by phone at number +39 019 489829;
– by the Website, on the “Contact us” section.
In all cases, a prompt reply will be given to reporting the alleged lack of conformity and the specific procedure to be followed will be indicated, also taking into account the category to which the Good belongs and/or the defect reported.

L’Amande reserves the right to ask the consumer to attach the order confirmation e-mail or another document proving the purchase date and the delivery date to the request to use the Legal Guarantee.