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

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

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

Those with “consumer” status (according to Leg. Dec. 6 September 2005, no. 206 and following, the so-called Consumer Code) and, therefore, all those that acquire our products for purposes unrelated to business, craft or professional activities, enjoy the rights provided for by arts. 128 and following of Leg. Dec. 206/2005 and following regarding the guarantee of legal conformity.

Specifically, the consumer has the right, in the event of flaws and defects, to the free restoration of conformity of the item through reparation or replacement. The consumer can, moreover, request an appropriate reduction in the price, or termination of the contract in the event:
a) the seller has not carried out a repair or replacement or has not carried out repair or replacement, where possible, pursuant to article 135-ter, paragraphs 1, 2 and 3, or has refused to restore the goods’ conformity in accordance with paragraph 3;

b) there is a defect in conformity despite the seller’s attempt to restore conformity of the item; c) the conformity defect is sufficiently serious as to justify the immediate reduction of the price or the termination of the sales contract; or

d) the seller has declared or it is clear from the circumstances, that it will not restore the conformity of the item within a reasonable period or without significant inconvenient delays for the consumer.

With regards to customers that are also “consumers”, BayKer Italia S.p.A. shall be liable for all conformity defects found within the period of two years from delivery of the non-conforming product.

It should be noted that, in all events, action directed at asserting possible defects (which have not been maliciously hidden by BayKer Italia S.p.A.) is limited to a period of 26 (twenty-six) months from delivery of the products.

For any further information, we invite our customers to contact us through the forms present in the contacts section of the website.