1. What the User should know at a glance
1.1 After-sale responsibilities/faulty products
If the product we sold turns out to be faulty - or doesn't look or work as advertised - within the timeframe of the legal guarantee, NEOOLAB is responsible for this.
1.2 In what cases can I claim redress?
Our company is legally bound to respect the public statements we make about our products (particularly in the descriptions and images on the product-pages within our web site).
As a Customer you can claim redress under the legal guarantee provided by EU law - if an item:
- doesn't match the product description;
- has different qualities from the model advertised or shown on the product pages within our web site;
- is not fit for purpose - either its standard purpose or a specific purpose - that you have ordered which our company has accepted;
- doesn't show the quality and performance normal in products of the same type.
1.3 What can I claim if the product has faults?
As a Customer, you have the right to ask to do any of the following without any charge (for postage, labour, material, etc.):
- repair the product;
- replace the product;
- reduce the price;
- cancel the contract and reimburse them in full.
1.4 Repair or replacement
There is a "hierarchy of remedies". This means that you must firstly request the repair of the product, or replace it if repair is not a viable option (e.g. too expensive). We must do this within a reasonable time and without significant inconvenience for you.
1.5 Price reduction or full refund
Another option is to give a price reduction or a full refund, but only if repair or replacement:
- is not possible;
- would be too expensive, given the nature of the product/defect;
- would be very inconvenient for you;
- we cannot complete it within a reasonable time.
- Only Consumers are eligible for the Legal Warranty. This applies only to users who made the purchase without purposes related to their business, commercial, craft or professional activity. For other users, the warranties of the Civil Code apply for defects in the thing sold, for failure to meet the promised and essential qualities, and for other warranties provided by law, with their respective deadlines and limitations.
- If the product delivered by Neoolab has a conformity fault that becomes apparent within two years after delivery, Neoolab is liable to the consumer for the fault. The consumer must notify Neoolab of the fault within two months of its discovery, otherwise the consumer loses the warranty right.
- To be eligible for the Legal Warranty, the consumer must provide proof of purchase and delivery date of the goods. For this purpose, the consumer should retain the purchase invoice or any other document that can certify the purchase date and the delivery date.
- A purchased good has a conformity fault if:
- it is not suitable for the normal use of goods of the same type;
- does not correspond to the seller's description and does not have the qualities of the sample or model that the seller has shown to the consumer;
- does not have the qualities and performance typical of goods of the same type, which the consumer may reasonably expect, including as stated in the description on this Web Site;
- doesn't serve the special use the consumer wanted and communicated to Neoolab before concluding the contract and which Neoolab agreed to.
- Therefore, the Legal Warranty will not cover faults or malfunctions caused by accidental events or the user's fault or by using the product differently from its intended use and/or from that stated in the technical documentation accompanying the product.
- If the user reports the conformity fault on time, the user is eligible:
- first, to have the good (or the defective component) repaired or replaced free of charge, as he prefers, unless the requested solution is objectively impossible or excessively expensive compared to the other;
- secondly (i.e., if repair or replacement is impossible or excessively expensive or repair or replacement has not been made within a reasonable time or repair or replacement previously made has caused significant inconvenience to the consumer) to a price reduction or contract termination, as he chooses.
The requested redress is excessively expensive if Neoolab incurs costs that are excessive compared to other practicable solutions, considering the value the good would have without the conformity fault, the significance of the conformity fault, and possibility of executing another remedy without causing considerable inconvenience for the consumer.
What to do when a conformity fault is discovered
- In case a product, during the period of validity of the Legal Warranty, shows an apparent conformity fault, user must contact Neoolab by email or telephone using the contact details provided on this website. Neoolab will give immediate response to the communication of the suspected conformity fault and will indicate to the user the specific procedure to be followed.
- To verify whether the conformity fault exists, Neoolab will make the necessary checks. If the defect is effectively present, Neoolab will repair the product if the consumer has chosen this option among the possible remedies. If consumer preferred replacement and it does not involve excessive cost or objective difficulty for Neoolab compared to repair, Neoolab will replace the defective product or component.
- If the conformity fault is found, Neoolab will pay the cost of repair/replacement and the cost of transport to its laboratory. If the conformity fault is not found, the Legal Warranty does not apply and, therefore, the consumer will have to pay the shipping costs and any repair or replacement costs.
- If due, repair or replacement of faulty products will be made as soon as possible and in any case, unless exceptional situations or force majeure, within 60 calendar days from when Neoolab received the faulty product.
- To take advantage of the Legal Guarantee of Conformity, Neoolab may require the user to send, along with the request, the purchase invoice.
Governing law
- Italian law governs the purchase contract made on this website.
- In the case of a consumer user, you are advised that for any dispute concerning the application, execution and interpretation of these Warranty Terms, the place of jurisdiction shall be the place where you live or have chosen as your domicile.
- A user who lives in an EU country other than Italy may also have recourse, for any dispute concerning the application, execution and interpretation of these Warranty Terms, to the European Small Claims Procedure established by Council Regulation (CE) No. 861/2007 of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and charges, Euro 2,000.00.
The text of the regulation can be found at www.eur-lex.europa.eu.
Latest update: December 18, 2023