Legal notice

LEGAL WARRANTY OF CONFORMITY

- pursuant to Article 128 et seq. of the Italian Consumer Code - 

All Product(s) you, as a consumer, purchase on https://eu.alpinestars.com (hereinafter, the "Online Store" or "Website") are covered by a legal warranty of conformity in case of conformity defects existing at the time of delivery and that become apparent within 2 (two) years from that moment. Unless the relevant defects have been fraudulently concealed by us, you may assert the conformity defects within 26 (twenty-six) months from the date of delivery.

What is a conformity defect?

A conformity defect occurs when the Product(s) do not conform to the contract of sale.

The Product(s) are deemed not conforming to the contract of sale if, where applicable: (i) they do not correspond to the contractual description, type, quantity and quality and do not have the functionality, compatibility and interoperability and other characteristics as set out in the contract; (ii) they are not suitable to any particular use requested by you, which has been brought to our attention by you at the time of the conclusion of the contract at the latest and that has been accepted by us; (iii) they are not supplied together with all accessories, instructions, including those concerning installation, provided for in the contract; (iv) they are not supplied with the updates as provided for in the contract (so-called "subjective requirements").

In addition to the above, the Product(s) are deemed not conforming to the contract of sale if, where applicable: (i) they are not suitable to the purposes for which goods of the same type are normally used, considering, where applicable, other provisions of national and Union law, technical standards or, in the absence of such technical standards, industry codes of conduct applicable to the specific sector; (ii) they do not  have the quality and do not correspond to the description of a sample or model that we have made available to you prior to the conclusion of the contract; (iii) they are not delivered with the relevant accessories, including packaging, installation instructions or other instructions, as you may reasonably expect to receive; and (iv) they are not of the quantity and do not have the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, ordinarily found in goods of the same type and which you can reasonably expect, having regard to the nature of the goods and public statements made by or on behalf of us, or other persons as part of previous steps in the chain of commercial transactions, including the manufacturer, in particular in advertising or on the label (so-called "objective requirements").

What remedies are available in case of conformity defect?

In the event of a conformity defect, you have the right to (i) have the defective Product(s) conformity restored or (ii) receive a proportional reduction of the price paid or (iii) terminate the contract of sale.

Repair and replacement

Under point (i) above, you may choose between repairing and replacing the Product(s) – free of charge, within a reasonable period after we have been informed by you of the lack of conformity, and without considerable inconveniences to you, considering the nature of the Product(s) and the purpose for which you wanted the Product(s) – unless the remedy chosen is impossible or, compared to the alternative remedy, it imposes excessive costs on us, considering all the circumstances and, in particular, (a) the value that the Product(s) would have in the absence of the conformity defect, (b) the extent of the lack of conformity, and (c) the possibility to pursue the alternative remedy without significant inconvenience to you.

In case of repair or replacement, you must make the Product(s) available to us. We will collect the replaced Product(s) at our expenses. You are not obliged to pay for the normal use of the replaced Product(s) in the period prior to replacement.

We may refuse to bring the defective Product(s) into conformity if the repair or replacement is impossible or the costs which we should bear are excessive, considering all the circumstances, including points (a) and (b) above.

Proportional price reduction and contract termination

Under points (ii) and (iii) above, you have the right to a proportional price reduction or to terminate the contract of sale if: (a) we did not repair or replace the defective Product(s) or we did not repair or replace the defective Product(s), where possible, under Article 135-ter, paragraphs 1, 2, and 3, or we refused to restore the Product(s) conformity under paragraph 3; (b) a conformity defect occurs despite our attempt to restore the defective Product(s) conformity; (c) the conformity defect is so serious as to justify the immediate price reduction or the contract termination; or (d) we declared or it is clear from the circumstances that we will not restore the defective Product(s) conformity within a reasonable period or without considerable inconveniences to you.

You have not the right to terminate the contract if the conformity defect is only of minor importance.

You should exercise the right to terminate the contract through a direct statement to us including your willingness to terminate the contract. If the lack of conformity only concerns some of the Product(s) delivered under the contract and there is a cause for contract termination pursuant to Article 135-bis, you may terminate the contract only in respect of the non-conforming Product(s) and those purchased together with the non-conforming Products unless your interest to maintain the non-defective Product(s) is reasonably presumed.

In case of termination, (i) you must return the Product(s) to us at our expense, and (ii) we will refund to you the price paid for the Product(s) upon receipt of the Product(s) or of evidence provided by you that you have returned or dispatched the Product(s).

You have the right to refuse to perform any payments under the contract until we have complied with our obligations under this section.

How to report a conformity defect?

In case of damaged or missing Product(s), you can contact us at help.eu@alpinestars.com.

 

Last update: November 1st, 2023