Article 128 et seq. of the Consumer Code establishes the seller's obligation to deliver to the consumer 'goods in conformity with the contract of sale'. Otherwise, it shall be liable for any lack of conformity that develops within two years of delivery of the goods and that is reported to the vendor by the consumer within two months of its discovery.

This right requires the seller to ensure that the sold good is free from defects that make it unfit for its intended use or significantly diminish its value.

There are two types of warranties:

Legal warranty for lack of conformity: this is provided directly by the seller

Commercial warranty: this is optional, but if it is provided it must be provided by the manufacturer.

Legal warranty for lack of conformity

It is valid for two years from the delivery of the goods and is non-derogable.

It may be asserted by the consumer directly against the seller if the consumer goods present a lack of conformity with the sales contract and comes into play whenever the consumer discovers a difference between the declared characteristics of a product and those of the purchased item.

It is a warranty for defection of conformity or lack of promised characteristics and concerns a problem that has characterised the good since its inception.

To be compliant, a good must be:

-suitable for the use that same goods are destined.

-suitable for the use intended by the consumer, declared to the seller at the time of sale and accepted by them.

-compliant to the description given by the seller or the producer and it possesses the qualities described.

-possessing the qualities shown by means of a sample or model.

The lack of conformity resulting from the imperfect installation of the goods is equated with the lack of conformity of the goods when the installation is included in the contract of sale.

The legal warranty covers defection at the time of delivery, i.e. the original defects of the product that appears within the 24-month period, with the exclusion of supervening defects.

The customer, in order to exercise his rights, is required to report the lack of conformity within a period of two months from the date on which he discovered it.

Commercial (or conventional) warranty, offered by Yashi Italy

The code establishes  the possibility of offering, either free of charge or after payment, a conventional warranty  that may not limit or exclude the legal guarantee and that may include additional assistance services.

It complements the legal warranty and it is usually offered by the manufacturer and it relates to the proper functioning of the purchased item.

-it is optional: but once offered, it becomes binding on the person who proposed it;

-it may be free in duration, subject matter and territorial extension;

The commercial warranty does not ensure the absence of original defects, but the fact that they do not present defects as a result of continued use: its duration is in any case limited to twelve months, except for exceptions explicitly stated by the manufacturer in the invoice or on the warranty certificate.

There is no right to claim under warranty if the defect or damage was caused by improper use.