Memorandum regarding the legal guarantee of conformity pursuant to art. 49, para. 1, letter n), Leg. Dec. 6 September 2005, no. 206

BayKer Italia S.p.A., owner of the “Iperceramica” brand, with registered office in Fiorano Modenese (Modena), in Via Pedemontana no. 13, tax code and VAT no. 02732900366, R.E.A. (Economic Administrative Index): MO-347932, guarantees the conformity of the products sold and, therefore, the absence of obvious or hidden defects that may in any way affect their use.

Whoever acts in the capacity of “consumer” (pursuant to Leg. Dec. 6 September 2005, no. 206, the so-called Consumer Code), and therefore all those that purchase our products for purposes unrelated to their own business, craft or professional activity, enjoys the rights provided for by arts. 128 and following of Leg. Dec. 206/2005 on the question of the legal guarantee of conformity.

Specifically, the consumer has the right, in the event of flaws and defects, to the restoration of the conformity of the products through repair or replacement without bearing any costs. The consumer can also request an adequate reduction in the price, or the termination of the contract in the event that: a) repair and replacement are impossible or excessively costly; b) BayKer Italia S.p.A. does not arrange to repair or replace the product within a reasonable term; or c) the repair or replacement carried out has caused inconvenience to the consumer, according to the provisions of art. 130 Leg. Dec. 206/2005.

In the event that one or more products sold by us do not conform to the sales contract, the customer that acts in the capacity of “consumer” must report the defect in conformity within two months of its discovery, on penalty of forfeiture of their right, unless BayKer Italia S.p.A. has recognized the existence of the defect or has hidden it (art. 132 Leg. Dec. 206/2005). With regards to customers that are also “consumers”, BayKer Italia S.p.A. shall be liable for all defects of conformity that emerge in the term of two years from delivery of the non-conforming product.

It should be noted, finally, that, in all events, initiatives directed at asserting any defects (that have not been maliciously concealed by BayKer Italia S.p.A.) lapse after 26 (twenty-six) months from delivery of the products.

For any further information we invite our customers to contact us by means of the forms found in the contacts section of the website.