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Legal guarantee on purchases

How to claim legal guarantee for products purchased in WIND stores

WIND informs its customers that all products sold at a Wind Retail shops have the benefit of the manufacturer's standard guarantee, which guarantees the activity of repair or replacement of product failures through its authorized service centers, under the terms and conditions specified in the certificate of guarantee.

All those who bought the product as a consumer (or for purposes unrelated to their business activity), will be entitled to the legal guarantee, under Articles 128 and following of Law Decree no. 206/2005 as amended and supplemented (Consumer Code), which covers the so-called lack of conformity of the goods, for a maximum period of 24 months from date of purchase, on condition that such defects are reported to the seller no later than two months from the date of the defect’s discovery.

Unless proved otherwise, it is assumed that the lack of conformity which becomes apparent within six months from delivery of goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. In particular, there is a lack of conformity when, within the said period, the product purchased is not or is no longer:

• suitable for its intended use; 
• compliant with the description given by the seller;
• of equal quality compared to a sample or a similar model shown before purchase; 
• of equal quality and performance which are normal in goods of the same type, also taking into account the nature of good and / or its advertising; 
• appropriate to the particular use for which the consumer and the seller said.

If there is a lack of conformity under Article 130 of the Consumer Code, the consumer has the right, at its option: to get repair or replacement of defective goods by the seller, no charges, unless the remedy sought is impossible or disproportionate. If replacement or repair are not possible, however, the consumer has the right to get a price reduction or to get back an amount commensurate to the value of the property, against the return to the seller of the defective product. Using these assumptions the seller must: (i) take delivery of the defective product to see if the failure depends or not on a lack of conformity, (ii) the repair or replacement of the goods within a reasonable time from the request and without charge of costs to the consumer. In addition, the consumer may rescind the contract in the terms laid down in Article 130 of the Consumer Code. To take advantage of the legal guarantee the consumer must provide the apparatus to the Wind Retail store where it was purchased and make the choice between repair and replacement at the above conditions. Consequently, the seller, in accordance with its procedures, shall provide for the repair or replacement, possibly making use of the intervention of the manufacturer, without prejudice to the right of consumers to have redress in the appropriate period provided by the Consumer Code. Please note that to make use of the above described legal guarantee is always required to present proof of purchase (receipt). It is important to remark that the manufacturer's standard guarantee, offered by the manufacturer or retailer, does not replace nor restrict the legal guarantee, and may have different amplitude and / or duration. Therefore, the manufacturer's standard guarantee is in addition to the legal guarantee of conformity, which protects and is always applied to consumers.

Click here for the list of WIND Retail stores.