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Privacy & Safety

Legal Guarantee of Conformity

All products sold on the Site are covered by the legal guarantee of conformity provided for in Articles. 128-135 of the Consumer Code ("Legal Guarantee").

Who it applies to

The Legal Guarantee is reserved for consumers. Therefore, it is applicable only if you have made the purchase on the site,,, ("Sites") for purposes unrelated to your business, commercial, craft or professional activity. turning point. Those who have purchased on the Site and who do not act as consumers will be subject to the guarantee for defects in the thing sold, the guarantee for defects in promised and essential quality and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.

When it applies

The seller (and, therefore, with regard to purchases made on the Site, Berigano Srl, with registered office in 53037 San Gimigano (Siena), Via Berignano 9, share capital of € 10,400.00 fully paid up, registered in the Business Register of Siena, with registration number, VAT number and Tax Code 01303340523; "Berignano") is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the product, it will be your responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, you must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable that, for the purposes of this proof, you keep the order confirmation e-mail or the purchase invoice, if required, or the transport document or any other document that can certify the date of execution. purchase (e.g. credit card statement or bank statement) and delivery.

What is the lack of conformity

There is a lack of conformity when the purchased good:

1. is not suitable for the use for which goods of the same type are normally used;

2. does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;

3. does not have the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling;

4. it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of the conclusion of the contract and which the seller has accepted.

Any faults or malfunctions caused by accidental events or by your responsibility or by a use of the product that does not conform to its intended use and / or to the provisions of the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.

Remedies available to the user

In case of lack of conformity duly reported within the terms, you have the right:

- primarily, to the free repair or replacement of the goods, at your choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;

- secondarily (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at your choice.

The requested remedy is excessively burdensome if it imposes unreasonable expenses on the seller compared to the alternative remedies that can be carried out, taking into account (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.

What to do in the presence of a lack of conformity

In the event that a product purchased on the Site, during the validity period of the Legal Guarantee, manifests what could be a lack of conformity, contact Customer Service, at the following addresses:

- by e-mail, to the address;

- by post, by writing to Berignano Srl - Via Berignano 9 - 53037 San Gimignano c / o Customer Service;

- by phone, at 0577 1741000;

- through the Site, by accessing the "Contact Us" section.

In all cases, prompt feedback will be given to the alleged lack of conformity and the specific procedure to be followed will be indicated, also taking into account the product category to which the Product belongs and / or the defect reported.

With reference to the products purchased on the Site for which you have made use of the collection at one of the authorized points of sale ("Collection in Store"), we would like to point out the following:

(i) the shop from which you collected the product and the other shops indicated on the Site as available for collection are not authorized to receive requests to exercise the Legal Guarantee and are not authorized to accept the return of the products.

(ii) you cannot therefore exercise the Legal Guarantee and / or return the Product with respect to which you complain of a lack of conformity at the shop from which you collected the product or at the other shops indicated on the Site as available for collection, having to use, even in the case of Collection in Store, of the methods indicated on this page both for the exercise of the Legal Guarantee and for the return of the Product that you believe to be defective.

L'Erbolario reserves the right to ask you to attach the order confirmation e-mail or other document proving the purchase date and delivery date to the request to take advantage of the Legal Guarantee.

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