LEGAL GUARANTEE OF CONFORMITY
All products sold on the site www.lamborghini.it are covered by the legal guarantee of conformity envisaged in articles 128-135 of the Consumer Code (“Legal Guarantee”).
Who is the Legal Guarantee for
The Legal Guarantee is for consumers (see article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005 - “Consumer Code”). It therefore applies only to users who have made a purchase from the site for purposes not related to any business, commercial, artisanal or professional activity carried out. Subjects who have made a purchase from the Site and are not consumers, as defined above, will be covered by warranties against defects of sold items, warranties against defects concerning promised, essential qualities and other warranties envisaged by the Civil Code with relative terms, validities and limitations.
When does the Legal Guarantee apply
The seller, and, therefore, as regards purchases made from the site, T-Data S.r.l. (“T-Data S.r.l”) 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 said delivery. In order for the guarantee to be valid, the lack of conformity must be notified to the seller within two months from the date when it is discovered.
Unless proven otherwise, it is assumed that a lack of conformity occurring within six months from delivery of the product already existed at the date of delivery, unless this assumption is not compatible with the nature of the product or with the nature of the lack of conformity. As from the seventh month following delivery of the product, the consumer will be responsible for proving that the lack of conformity already existed at the time of delivery.
To use the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the good. For this purpose, the user should therefore keep the email confirming the order or purchase invoice, if requested or the transport document or any other document that can certify the date when the purchase was made (for example a credit card or bank account statement) and the date of delivery.
What is a lack of conformity
A lack of conformity exists, when the purchased good:
- is not suitable for its intended use;
- does not conform to the description given by the seller and does not have the quality of the good the seller presented to the buyer as a sample or model;
- does not have the quality and performance which are customary of the type of good, which the consumer may reasonably expect, also considering statements made in advertising or on labelling;
- is not suitable for the particular use required by the consumer and made known to the seller on stipulation of the contract and to which the seller agreed.
The Legal Guarantee does not therefore cover any failures or malfunctions caused by accidental events or the responsibility of the user or by a use of the product which does not conform to its intended use and/or use indicated in technical documentation attached to the product.
Remedies available to the user
In the case of a lack of conformity duly notified within deadlines, the user is entitled:
- firstly, to the free replacement or repair of the good, as decided by the user, unless the remedy requested is objectively impossible or too expensive compared to another remedy;
- secondarily (if the repair or replacement is impossible or too expensive or the repair or replacement is not carried out within appropriate times, or a previous repair or replacement has caused considerable inconvenience for the consumer), to a reduction in the price or termination of the contract, as decided by the user.
The requested remedy is too expensive if the seller has to bear unreasonable expenses compared to alternative remedies that may be adopted, considering: (i) the value the good would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) any alternative remedy that may be adopted without considerable inconvenience to the consumer.
What to do in the case of a lack of conformity
If, during the validity of the Legal Guarantee, a product purchased on this Site appears to have a lack of conformity, the user has to, whether he has purchased the Product as a registered user, or made the purchase without registration, follow the following procedure:
- compile the form available on this page , entering the requested information;
- send, together with the Legal Guarantee Application Form, photographic documentation supporting the request if the defect is visible, or, if the defect is not visible, a detailed description of the defect;
- send a copy of the order confirmation and/or invoice, if requested, together with the Legal Guarantee Application Form.
T-Data S.r.l will promptly follow up the notification of the alleged lack of conformity and if, based on received documentation, it considers there are grounds to suspect the lack of conformity exists, without affecting the user’s statutory rights, or T-Data S.r.l’s rights to establish that the lack of conformity does not exist, T-Data S.r.l will send the User, via email, the return policy guidelines and the return code RMA that have to be inserted in the packaging together with the product reported, and will contact the User in order to agree the collection, at T-Data S.r.l. expense, of the product itself.
The User should then print the email containing the RMA code, insert it in the return package and send it along with the returning product.
We recommend that the destination address"T-Data_AN modulo L1, Via Strasburgo 31, 41011 Campogalliano (MO)” is clearly visible on the return package. In order to shorten the management time as much as possible we require that RMA code must be CLEARLY VISIBLE also outside of the package.
The user has to deliver the package to the courier, sent by T-Data S.r.l., on the agreed day and time
After receiving the Product in question, T-Data S.r.l will check whether or not there is a lack of conformity.
If the lack of conformity exists:
- a) and the remedy is to repair the Product, T-Data S.r.l will repair the product, also through third parties and, specifically, Tonino Lamborghini S.p.A., at its expense, and will deliver the repaired product to the user within a maximum of 60 business days from when it was notified of the lack of conformity by receiving the Legal Guarantee Application Form;
- b) if the remedy is to replace the product, T-Data S.r.l will terminate the purchase agreement and reimburse the Total Amount Due paid by the user, using the same payment method as the initial transaction, within a maximum of 60 business days from when it was notified of the lack of conformity by receiving the Legal Guarantee Application Form; the user shall therefore place a new order through the site, for the replacement product, paying for it according to procedures indicated in art. 13 above; T-Data S.r.l will therefore deliver the replacement product to the user, at its own expense, according to the delivery times indicated during the purchase procedure, and will reimburse the user for Delivery Costs of the replacement product order, giving a voucher for the same amount; in relation to this voucher, art. 14.11 above applies.
If, instead, T-Data S.r.l received the Product in question and considers, after checks, that the lack of conformity does not exist, it will notify the user by email and contact him/her to agree on the times for collection or delivery of the Product that will be overseen by and at the expense of the user, without affecting the user’s statutory rights.
Defective Return/Assistance Request
The data necessary for TL/T-DATA to activate the return/assistance procedure are the following and must be filled in directly online, without the need to send the form from the customer to the T-Data operator:
- NAME
- SURNAME
- EMAIL ADDRESS
- PHONE NUMBER
- ORDER NUMBER
- DATE OF PURCHASE
- PLACE OF PURCHASE
- SERIAL NUMBER INDICATED ON WARRANTY CARD
- DESCRIPTION OF PRODUCT DEFECT
REQUIRED ATTACHMENTS:
- 1)Copy of Tonino Lamborghini International warranty card, signed and dated at the time of purchase by an approved Tonino Lamborghini retailer
- 2)Copy of purchase invoice or bill
- 3)Photos of the product
Requests for assistance/returns on products no longer in production and/or not sold on the e-boutique must be forwarded directly to customerservice@lamborghini.it
For return requests for orders processed directly by the e-boutique, below are the defects covered by the warranty:
Watch Line:
THE TONINO LAMBORGHINI GUARANTEE The Tonino Lamborghini Company offers a warranty registration service for customers who buy a genuine Tonino Lamborghini product. The branded timepieces are covered by an International Warranty for two years from the date of purchase. Within this period, regulation or adjustment of the module or movement, or correction of any manufacturing defects, will be free of charge. The warranty is valid only if the Warranty Card accompanying this booklet is properly dated, filled in by an official Tonino Lamborghini agent and presented with the purchased watch.
EXCLUDED FROM WARRANTY • Damage and/or non-regular operation caused by repairs or tampering carried out improperly, by incorrect use, by negligence, by alterations made to the original structure of the case or bracelet, or by operations carried out by unauthorized Tonino Lamborghini personnel. • Damage to the glass, breakages and scratches on the case, on the bracelet, on the closure, on the plating, attributable to wearing or to misuse. • Battery life, in watches with quartz movement. • Durability of leather or rubber traps. This international warranty certificate guarantees only the after-sales service of an official Tonino Lamborghini dealer
GLASSES LINE:
The warranty covers all manufacturing defects for two years from the date of purchase.
It does not cover any breakages due to misuse or poor maintenance by the consumer.
LEATHER GOODS LINE:
The warranty covers all possible defects in materials and workmanship for two years from the date of purchase.
The warranty does not cover damage resulting from color transfer, accidents, improper use or from any alteration, service or repair carried out by parties other than TONINO LAMBORGHINI
JEWELRY LINE:
The warranty covers all possible defects in materials and workmanship for two years from the date of purchase.
The warranty does not cover damage due to improper handling, carelessness, accidents, improper use, modifications, attempted repairs, neglect, normal wear and tear, or aging.
After receiving the requested information and if the return is authorized, the T-Data operator will inform Tonino Lamborghini Customer Service to decide on the destination of the defective goods.
Please complete the Form