Among the obligations of the seller (art. 1476 c.c.), in addition to delivering the goods to the buyer and making him acquire ownership of the goods/rights sold, there is also the obligation to guarantee the buyer against eviction (art. . 1483 of the Civil Code) and defects in the property (art. 1490 of the Civil Code).
Pursuant to these Terms and Conditions, the manufacturer's guarantee of the purchased good does not apply, as Parcop S.r.l. does not have the status of an authorized reseller.
The Legal Guarantee - which is held by WiAutomation as seller - guarantees the goods against defects in conformity (defects that make it unsuitable for the use for which it is intended or appreciably reduce its value) with respect to the sales contract.
The product warranty regime differs depending on whether the buyer is a "consumer" (hereinafter also "B2C") or a "professional" (hereinafter also "B2B") pursuant to Directive 1999/44/EC relating to "certain aspects of sales contracts and guarantees concerning consumer goods".
In the event of a purchase by a Customer who does not have the status of Consumer - as defined in point "6" of the "conditions of use" - the provisions of the Civil Code or, specifically, the art. 1495 c.c. which requires the reporting of defects within 8 days of discovery, shall apply. In B2B sales, if the goods sold present defects of conformity, the seller will restore the conformity of the goods without charge through repair or replacement (primary remedies) or, if this is not possible, through a reduction in the purchase price or the resolution of the contract (secondary remedies). The action aimed at enforcing the legal guarantee expires one year from delivery.
In the case of purchase by a Customer who holds the status of Consumer, the legal guarantee lasts for two years from delivery of the goods and the action of the consumer aimed at asserting the defects (not maliciously hidden by the seller) is barred, in in any case, within 26 months of delivery (art. 133 of the Consumer Code). In the event of receipt of an incorrect product compared to what was ordered (to be understood only the case in which the error is attributable to the Seller) or damaged (for reasons attributable to the Seller or the courier) or altered or, in general, non-compliant, the Customer who holds the status of Consumer has the burden of reporting such errors and defects within 26 months of delivery pursuant to art. 133(3) of the Consumer Code or from the moment of supply pursuant to art. 135m(4) of the Consumer Code (in the case of supply of digital content or digital service). Pursuant to art. 135(1) of the Consumer Code, the lack of conformity communicated by the Consumer is presumed to exist within one year from the date of delivery of the product, unless proof to the contrary is provided by the Seller of the incompatibility of the defect with the nature of the goods or with the nature of the defect of conformity. This paragraph also applies to goods with digital elements. The Seller, if the goods sold present defects of conformity, will restore the conformity of the goods without charge through repair or replacement (primary remedy) or, if this is not possible, a reduction in the purchase price or termination of the contract (secondary remedies). The Customer always has the burden of attaching, to the return email, for the consumer or, to the return form, for the company, appropriate photographic and/or videographic documentation in support from which the error or vice.
Refurbished and used products are covered by the same legal guarantee applied to new products. However, it is specified that, due to the characteristics of reconditioned and/or used products, any aesthetic and non-functional defects, such as scratches, signs of wear, lack of accessories not essential for the functioning of the product, will not be covered by the legal guarantee. The Customer who purchases the reconditioned and/or used product, that is, aware of the product purchased, in all its characteristics, cannot claim as a lack of conformity what is inherent to the product itself and accurately described.
In any case, the Customer has the burden of attaching, to the return email, for the consumer or, to the return form, for the company, appropriate photographic and/or video documentation from which the error or flaw is clearly evident.
This is without prejudice to the additional conventional warranty granted by the Seller for refurbished products, for a duration of up to 12 (twelve) months from purchase, where provided for and, therefore, specified in the relevant product sheet.
In the case of goods bearing digital elements, in the contractual relationship between the seller and the consumer (B2C), the seller is bound to keep the consumer aware of available updates, including security updates, necessary for the purpose of maintaining the conformity of such goods, and to provide them to the consumer, in the period of time:
a) that the consumer can reasonably expect, given the type and purpose of the goods and digital elements, and taking into account the circumstances and nature of the contract, if the sales contract provides for a single act of supply of the digital content or digital service;
or
b) if the sales contract provides for a continuous supply of the digital content or digital service over a period of time.
If the consumer does not install the provided updates within a reasonable period of time, the seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, except in the cases provided for in (a) and (b) of this Article, paragraph 2.
There is no lack of conformity if, at the time of the conclusion of the sales contract, the consumer was specifically informed that a particular characteristic of the goods deviated from the objective conformity requirements set forth in these standards, and the consumer expressly and separately accepted this deviation at the time of the conclusion of the sales contract.
In any case, for goods bearing digital elements - such as but not limited to Siemens PLC products - Parcop S.r.l. does not guarantee the presence of any firmware or any necessary level of firmware, nor can it otherwise provide it. Therefore, in such cases, no liability whatsoever can be attributed to Parcop S.r.l. It is the Customer's obligation to abide by the terms of any License Agreement relating to obtaining or installing firmware where present. Following the receipt of the email and/or form and related documentation, the Seller evaluates the error, flaws and any non-conformity reported by the Customer and decides whether to authorize the return of the Products by providing a feedback via email, containing the "Return Code," to the address provided during the transmission of the order.
The authorization to return the products does not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained following the return through inspection and technical analysis of the product/products which: must be carried out by the Seller within a reasonable time from the arrival of the goods in the Parcop S.r.l warehouses, taking into account the degree of complexity of the intervention/analysis and the type of product.
To this purpose, therefore, the Customer is urged not to handle the product beyond what is strictly necessary and must wrap the original packaging of the products with other protective packaging that preserves their integrity and protects them during transport even from writing or labeling;
The products, of which the Seller authorizes the return for the aforementioned reasons, must be returned by the Customer through a carrier with traceable shipment and, in case of a value exceeding € 500, always insured, together with a copy of the return authorization notice bearing the "Return Code", to the following address: Via Giulio Cesare 107, 80070, Bacoli, (NA), within:
-15 (fifteen) days from the reporting of the flaw or non-conformity
Once the products have been received, the Seller will examine the returned units to verify that:
- the product is actually the one sold;
- the defect complained of actually exists;
- the defect is attributable to his own responsibility.
Upon completion of the inspection and technical analysis, the Seller will communicate the possible remedies to the Buyer, as regulated in these general conditions of sale. Only in the event of termination of the contract, the amount previously charged on the Customer's means of payment will be refunded. Any refund of the price paid and the related shipping costs is made, where possible, using the same payment method used by the Customer when purchasing the Product. Otherwise, the Customer is requested to provide the IBAN code of their bank account so that the Seller can execute, by means of bank transfer, the relevant refund.
In the event that, as a result of the inspection checks, tampering with the product or in the non-existence of defects of conformity should emerge, the Seller will not apply the guarantee and will promptly communicate this decision to the Customer inviting him to collect the product at his own expense in a reasonable deadline, with express warning that the product for which the guarantee does not apply, if not collected within the deadline indicated by the Seller, will be decommissioned or disposed of, with all expenses incurred being charged (by way of example and not limited to, logistics costs , technical analysis costs, disposal management costs, administrative costs) by the Seller.