In compliance with the Consumer Code, for food products and highly perishable goods, the Legal Guarantee applies taking into account the nature of the good and its natural perishability. In such cases, for health and hygiene reasons and proper storage, the lack of conformity must be reported within 24 hours of receipt of the goods and, in any case, no later than the expiration date or the Minimum Conservation Term (TMC) indicated on the Product packaging.
To protect health and food safety, the Legal Guarantee is void if the defect or alteration is attributable to unsuitable storage by the customer (e.g. interruption of the cold chain post-delivery). Furthermore, for goods sealed for hygiene reasons or related to health protection, if the Product has been opened, tampered with or partially consumed, the guarantee can only be enforced if it is demonstrated that the defect was objectively pre-existing to opening (e.g. hidden production defect) and not deriving in any way from causes subsequent to delivery. Under no circumstances will complaints be accepted for products whose original packaging has been destroyed or if the alteration of the product is attributable to the customer's negligence.
Under the Legal Guarantee, the seller is liable to the consumer (the natural person acting for purposes outside their trade, business, craft or profession, hereinafter “Consumer”) for any lack of conformity that becomes apparent within 2 (two) years of that time or, in the case of defects in digital content or services, during the period of time in which the seller has committed to supply such digital content or services.
The Consumer's action to enforce a Lack of Conformity not fraudulently concealed by the seller shall, in any case, be time-barred within 26 (twenty-six) months from the time of supply or delivery of the Product.
In the event of a lack of conformity, the consumer is entitled to have the goods brought into conformity free of charge by repair or replacement or, in the cases provided for by law, to a proportionate reduction in the price or termination of the contract. Repairs or replacements must be carried out within a reasonable time from the consumer's request.
Consumers can assert their rights under the legal guarantee of conformity, for example if the goods:
Sellers are responsible for any lack of conformity that exists at the time the goods are delivered and that becomes apparent within the legal guarantee period. In this case, sellers must offer:
Sellers and manufacturers can also offer commercial guarantees, which apply regardless of the legal guarantee and which cover the good as a whole at no additional cost.
Some countries provide for a longer legal guarantee period. A shorter period may apply for second-hand goods, but not less than one year. To learn more about your rights in a specific country, ask the seller for information or visit: europa.eu/youreurope/garanzie.
For information on the times and methods for exercising and managing the legal guarantee of conformity in the case of products sold by MARINI TARTUFI S.R.L., consult the Terms and Conditions.
For information on the times and methods of exercising and managing the legal guarantee of conformity in the case of products sold via the Marketplace by sellers other than MARINI TARTUFI S.R.L., consult the General Conditions of Sale of the relevant seller.