Christmas day is now behind us. But there may be gifts left under the tree that don’t work or that weren’t particularly appreciated by the recipient. What to do? You can “fix” them by changing them or having them repaired or getting your money back. This is what is explained by the Aduc, User and Consumer Rights Association, in a handbook published these days.
The gift received just doesn’t work
If the item is faulty or does not correspond to what is described in the packaging and/or advertising, the legal guarantee to be paid by the seller is valid. The seller must repair or replace the goods within “appropriate times”, to be agreed together with the consumer. Otherwise you are entitled to a refund of your money. This guarantee is valid for 2 years, the defect must be reported to the seller within 2 months of discovery. Shipping costs are the responsibility of the seller. In addition to this there is the manufacturer’s warranty: contractual, applicable with respect to what is reported on the sheets attached to the purchase.
It’s unwanted
According to the Aduc, the right of withdrawal can be exercised. however, it should be remembered that for purchases in a physical store, the law does not provide for it, unless it was agreed upon at the time of purchase. For purchases in the virtual shop or away from commercial premises, however, you can withdraw within 14 days of the purchase or from the day on which the goods are received. It is advisable to do so with a registered letter with acknowledgment of receipt, sending the goods back via insured mail. Shipping costs are the responsibility of the person exercising the withdrawal.
What to do if the seller or manufacturer does not respond
Vendor or manufacturer unavailable? It is possible to send a registered letter with return receipt or certified email and file a complaint with the Antitrust Authority for unfair commercial practice. In the absence of satisfaction you can appeal to the justice of the peace. Non-Italian seller or manufacturer?
Non-Italian seller or manufacturer?
If I’m in a country of the European Union, it’s as if I were in Italy: the rules are the same. In the absence of availability, after the formal notice with registered letter with return receipt (no pec, which is valid only for Italy), having to appeal to the judge, there are specific procedures, even simpler than appealing to the Italian judge. a non-EU country, having verified that they do not have an office in Italy or in another EU country (for which the above would apply), is more complicated. The notification with registered letter with return receipt (3) is always valid (no pec, which is valid only for Italy), but in the absence of an answer, even if it is addressed to the Italian judge, it is difficult to obtain justice.