Legal guarantee of conformity

Every product you buy on sangiorgiomerate.it is covered by the legal guarantee of conformity: a right granted by law, free of charge, that runs for two years from delivery and that no terms of sale can reduce. Below you will find the European harmonised notice and, after it, an explanation of what it covers and how to claim it.

More information on guarantees in the European Union: europa.eu/youreurope/guarantees

What is the legal guarantee of conformity?

The legal guarantee of conformity is the liability that the law places on the seller — that is, on us, not on the manufacturer — for defects the product already had at the time of delivery, even where they only appear later. It is governed by articles 128 and following of Legislative Decree 206/2005 (the Italian Consumer Code) and applies to anyone buying as a consumer, that is for purposes outside their trade or profession.

A product is in conformity when it matches the description and the model shown, has the qualities that can reasonably be expected of a product of that type, is fit for the purpose it serves, and is delivered with the accessories and instructions provided for. If one of these elements is missing there is a lack of conformity, and the guarantee applies.

How long does it last?

Two years from delivery (art. 133, paragraph 1). The period runs from the day you receive the parcel, not from the date of the order or of the invoice. If you live in a country whose law grants consumers a longer legal guarantee, that longer period applies to you where it is more favourable.

The action to enforce the defect becomes time-barred twenty-six months after delivery (art. 133, paragraph 3): the two extra months are there precisely to give you time to act on a defect that appears close to the end of the two years.

Since 1 January 2022 there is no longer any obligation to report the defect within two months of discovering it: that time limit was removed by Legislative Decree 170/2021. It is still worth telling us as soon as you notice, because the sooner we step in the simpler the repair.

What can you ask for if the product is not in conformity?

The remedies are set out in art. 135-bis of the Italian Consumer Code and follow a precise order.

First level: repair or replacement, at your choice, at no cost to you. Both the work and the shipping are free: return costs, labour and materials are ours. You are free to choose between the two remedies, unless the one you ask for is impossible or would cost us disproportionately more than the other.

Second level: price reduction or termination of the contract with a refund. This applies where repair or replacement is not possible, is not carried out within a reasonable time, would cause you significant inconvenience, or the defect reappears after a first intervention. Termination is however excluded where the defect is minor (art. 135-bis, paragraph 6).

Who has to prove the defect was already there on delivery?

For the first twelve months, you do not have to prove anything. Art. 135 provides that a defect appearing within one year of delivery is presumed to have existed at the time of delivery: it is the seller who must prove otherwise in order to avoid liability. From the thirteenth to the twenty-fourth month the burden of proof returns to the consumer.

That is the practical reason to report a problem straight away, even a small one: within the first year the buyer's position is considerably stronger.

The legal guarantee and the manufacturer's guarantee are two different things

The legal guarantee is a right: it always applies, it is free, it lasts two years and the seller owes it to you. A commercial guarantee, by contrast, is a voluntary promise that a manufacturer may decide to add, on the terms and for the duration it sets. A commercial guarantee never replaces or reduces the legal guarantee: it is added to it, and where the two overlap you can choose which one to rely on.

When a manufacturer offers a free commercial guarantee of durability, covering the whole product and lasting more than two years, European rules provide for a dedicated label, called GARAN, which the seller displays on that product's page. Where you do not find it, that product is not covered by a guarantee of that kind: the two-year legal guarantee described on this page applies in full.

How to claim the legal guarantee on your purchases

Write to ordini@sangiorgiomerate.it stating your order number, the product concerned and a description of the defect, attaching a few photographs if you can. We will reply with the shipping instructions — shipping is at our expense — and tell you what we can do and how long it will take.

You will find your orders and purchase documents in your account area. If you bought as a guest, the order number in your confirmation email is enough.

What is not a lack of conformity

The legal guarantee covers defects of the product, not the consequences of use. It therefore does not cover normal wear — soles and heels worn down by walking, the patina leather takes on over time —, damage from improper use or lack of care, damage caused by work carried out by unauthorised third parties, or the characteristics of the material that were pointed out to you at the time of purchase. Natural variations in the grain and tone of a leather, for instance, are properties of the material and not defects: we explain them in our guide to leathers and finishes.

Frequently asked questions

Do you have to pay for the legal guarantee?

No. It is free in every respect: you do not pay for the work, you do not pay for materials and you do not pay to send the item back.

I have lost the receipt or the invoice: can I still use it?

Yes. What matters is being able to show the date and place of purchase, and for an online order that is recorded in our systems: the order number, or the email address you bought with, is enough.

Does the legal guarantee also apply to items bought in the sales?

Yes, in full. A discount reduces the price, not your rights; the guarantee lasts two years exactly as on a full-price product.

What is the difference between the legal guarantee and the right of withdrawal?

Withdrawal lets you return an online purchase within fourteen days without having to give any reason, even if the product is perfect. The legal guarantee comes into play when the product has a defect, and lasts two years. They are two distinct and independent rights: the practical arrangements for withdrawal are set out in our Refund Policy.

If the product is replaced, does the guarantee start again from scratch?

A new two-year guarantee runs on the replacement item from the delivery of the new product. A repair, by contrast, does not restart the period: the original guarantee continues.

Where to find the rest of the information

Returns, exchanges and refunds are described in our Refund Policy; delivery times and costs in our Shipping Policy; the full terms of sale in our Terms of Service. For any question you can write to us from Contact or come and see us in the shop in Merate.