Warranty, Refunds and Complaints

Warranty and Refunds

7.1 All the Products offered through the Site are covered by the legal guarantee of conformity provided for in Articles. 128-135 of the Consumer Code ("Legal Guarantee").

7.2 The Legal Guarantee is reserved for consumers. Therefore, it applies only to Users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

7.3 MrBrando is liable to the consumer for any lack of conformity existing at the time of delivery of the Product that occurs within two years of such delivery. The lack of conformity must be reported to MrBrando, 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 the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.

7.4 There is a lack of conformity, when the purchased Product (i) is not suitable for the use for which goods of the same type are normally used or (ii) does not conform to the description and does not possess the qualities of the goods that MrBrando has presented to consumer as sample or model (iii) does not present the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labeling; (iv) it is not suitable for the particular use desired by the consumer and which was brought to his attention at the time of the conclusion of the contract and which MrBrando has accepted. Therefore, any faults or malfunctions caused by accidental events or by the responsibility of the User or by a use of the Product that does not comply with its intended use and / or as provided in the technical documentation attached to the Product and / or, as the case may be, by what is indicated on the Site.

7.5 In order to take advantage of the Legal Guarantee, the User must therefore provide proof of the date of purchase and delivery of the Product. It is therefore advisable for the User, for the purposes of this proof, to keep the order confirmation or the purchase invoice, or the DDT, if applicable, or any other document that can certify the date of the purchase and the date of delivery of the Product.

7.6 Notwithstanding what is specifically provided for in the previous points, the Parties accept that exclusively with reference to customized used products offered by MrBrando, the legal guarantee period will be 6 months starting from the delivery of the Product.

7.7 In the event of a lack of conformity duly reported within the terms, the User has the right (i) primarily to repair or replace the Product free of charge, at his choice, unless the remedy requested is objectively impossible or excessively burdensome with respect to the other; (ii) on a secondary basis (i.e. in the case in which 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 to the termination of the contract, at his choice. It should be noted that the requested remedy is excessively burdensome if it imposes unreasonable expenses on MrBrando compared to the alternative remedies that can be carried out, taking into account (i) the value that the Product 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.

7.8 In the event that a Product, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the User can contact MrBrando at the references indicated in these General Conditions of Sale.

7.9 There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect, could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer.

7.10 Those who have purchased on the Site and who do not act as consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided for by the civil code with the relative terms, forfeiture and limitations.

Complaint

8.1 MrBrando will respond to complaints submitted to its customer assistance service, better identified in the following point, within five working days of receipt of the same.

8.2 Pursuant to art. 141-sexies, co. 3 of the Consumer Code, MrBrando informs the User who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to MrBrando, as a result of which it has not been possible to resolve the dispute thus arisen, MrBrando will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether or not it intends to use these bodies to resolve the dispute. Gadget also informs the User who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer User will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved. In any case, the consumer's right to appeal to the competent ordinary judge of the dispute arising from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, of promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

8.3 It is possible to request information, send communications, request assistance or submit complaints in the following ways: (i) by e-mail info@MrBrando.it; or (ii) by registered mail to be sent to the registered office of MrBrando as indicated on this site.