LEGAL WARRANTY OF CONFORMITY
1. Scope of Application
All products sold on www.aurux.it to Customers who qualify as consumers are covered by the legal warranty of conformity provided by Legislative Decree 6 September 2005, no. 206, the Consumer Code.
A consumer is a natural person who purchases for purposes unrelated to any business, commercial, craft or professional activity they may carry out.
The legal warranty applies exclusively to purchases made directly on the website www.aurux.it.
For products purchased from other physical stores, marketplaces, retailers or third-party websites, the Customer must contact the seller from whom the purchase was made.
2. Duration of the Legal Warranty
For new goods, the legal warranty lasts 2 years and starts from delivery of the product to the Customer.
The warranty covers exclusively lack of conformity existing at the time of delivery, even if it becomes apparent later within the period provided by law. Defects arising later from misuse, poor maintenance, accidental damage, impacts, falls, pulling, tearing, contact with unsuitable substances or normal wear are excluded. The MIMIT states that the legal warranty covers original defects appearing within 24 months of delivery, while it does not cover defects arising from incorrect use or maintenance.
The consumer’s action to enforce lack of conformity not fraudulently concealed by the Seller is subject to the limitation period provided by applicable law.
3. What Is Meant by Lack of Conformity
A product has a lack of conformity when, at the time of delivery, it does not correspond to the sales contract.
In particular, the product must:
correspond to the description, quantity, quality and characteristics indicated on the product page;
be suitable for the normal use of goods of the same type;
possess the qualities and characteristics that the consumer may reasonably expect in relation to the nature of the goods;
be supplied with any accessories, instructions, packaging or certificates indicated on the product page;
conform to any samples or images, taking into account normal tolerances due to photographic lighting, the device screen and the nature of the materials.
The Consumer Code requires the seller to deliver goods that conform to the contract and links conformity to description, quality, quantity, normal use and characteristics reasonably expected by the consumer.
4. Artisanal Nature and Natural Materials
The products sold on the site may be made with natural, handcrafted or delicate materials such as, by way of example:
natural stones;
pearls;
metals;
silver;
plated or gold-finished components;
cords;
natural fabrics;
natural silk;
decorative elements made or assembled by hand.
For this reason, any slight differences in color, reflection, veining, shape, size, luster, texture, finish or shade compared with images on the site do not constitute lack of conformity when compatible with the nature of the material, handcrafted workmanship or the screen settings used by the Customer.
Images published on the site are for illustrative purposes and are created to represent the products as faithfully as possible; however, small chromatic or perceptual variations may depend on photographic lighting, the device used or the natural variability of materials.
5. Defects Excluded from the Legal Warranty
The legal warranty does not cover defects, damage or alterations resulting from causes occurring after delivery or attributable to the Customer.
The following are excluded by way of example:
breakage caused by impacts, drops, pulling, compression, tearing or crushing;
damage resulting from improper use or use inconsistent with the nature of the product;
damage caused by lack of or improper maintenance;
ordinary wear of the product;
scratches, abrasions, loss of shine or dulling caused by use;
oxidation, blackening, alteration or discoloration caused by contact with water, perfumes, creams, detergents, cosmetics, sweat, chlorine, salt water or chemicals;
deformations caused by pressure, bending, twisting or improper storage;
breakage of threads, cords, clasps or components caused by pulling or improper use;
damage to scarves, ties or silk fabrics resulting from washing, ironing, folding, perfuming, stains, rubbing or storage not in accordance with instructions;
loss or detachment of parts caused by improper use, tampering, unauthorized repairs or third-party intervention;
damage caused by animals, children, sports use, swimming, showering or activities incompatible with the delicacy of the product.
These exclusions do not limit the consumer’s mandatory rights, but clarify that the legal warranty concerns original lack of conformity and not damage arising after delivery for reasons not attributable to the Seller.
6. Burden of Proof
Unless proven otherwise, lack of conformity that appears within 1 year of delivery is presumed to have existed already on the date of delivery, unless that presumption is incompatible with the nature of the goods or the nature of the defect.
If the defect appears more than 1 year after delivery, the Customer will have to prove that the defect already existed at the time of delivery.
The MIMIT confirms that during the first year after delivery it is for the seller to prove that the defect arose later, while after one year the consumer must prove that the defect already existed at delivery.
7. Remedies Under the Legal Warranty
In the event of an established lack of conformity, the Customer is entitled to the remedies provided by law.
As a primary remedy, the Customer may request restoration of conformity through:
repair, where possible;
replacement, where possible.
The Seller will assess the requested remedy taking into account the nature of the product, availability of equivalent items, technical feasibility of repair, proportionality of costs and the provisions of the Consumer Code.
Repair or replacement will be carried out at no cost to the Customer when the lack of conformity is established.
Secondarily, in cases provided by law, the Customer may request:
proportional price reduction;
termination of the contract.
The MIMIT states that repair and replacement are the primary remedies, while price reduction and termination are secondary remedies available only in the cases provided by law.
8. Handcrafted Products, Unique Pieces or No Longer Available
Some products may be handcrafted, discontinued, no longer available or made with natural materials that cannot be perfectly replicated.
In such cases, where a lack of conformity is established, the Seller may propose to the Customer, according to the concrete possibilities and in compliance with applicable law:
repair of the product, where technically possible;
replacement with an identical product, if available;
replacement with an equivalent product or one of equal value, subject to agreement with the Customer;
proportional price reduction;
termination of the contract in cases provided by law.
Given the nature of natural materials and handcrafted workmanship, the replacement product may show slight differences in color, shade, size, veining, luster or finish compared with the originally purchased product, provided such differences are compatible with the nature of the goods and do not compromise conformity.
9. How to Request Warranty Service
To request warranty service, the Customer must send written notice to:
The communication must contain:
Customer's first and last name;
order number;
purchase date;
product concerned;
clear description of the reported defect;
photographs or videos showing the defect;
photographs of the entire product;
photographs of the packaging, where available;
Customer's email and telephone contact details.
The Seller may request additional information or images to make a preliminary assessment of the request.
The photographic assessment does not constitute automatic recognition of a lack of conformity, but serves only to allow a preliminary check.
10. Authorization to Return the Product
The Customer must wait for the Seller’s written authorization before shipping the product.
The product must be shipped only after receipt of the return authorization sent by email.
An unauthorized return could make it more difficult to identify the case and properly manage the request.
The product must be carefully packed to prevent damage during transport.
11. Shipping the Product for Inspection
The product must be sent to the following address, unless otherwise communicated in writing by the Seller:
Creazioni Italiane Worldwide E.Commerce Srls
Via Delle Rose (già Via Paradiso) n. 10
84025 Eboli (SA)
Italy
The Customer must use tracked shipping and keep the receipt with the tracking code until the procedure is completed.
The Seller is not responsible for untracked shipments, lost parcels, deliveries to incorrect addresses or shipments that cannot be properly identified.
If, following the inspection, the lack of conformity is established, the costs necessary to restore conformity will be handled in accordance with applicable law.
If, following the inspection, the defect is not covered by the legal warranty because it results from misuse, wear, accidental damage, tampering, poor maintenance or another cause not attributable to the Seller, the product may be returned to the Customer with shipping costs borne by the Customer.
12. Technical Inspection of the Product
After receiving the product, the Seller will carry out an inspection directly or through appointed parties.
The inspection may include, by way of example:
general condition of the product;
presence of signs of impact, pulling, breakage or crushing;
condition of stones, pearls, clasps, threads, cords, metals and fabrics;
presence of oxidation, stains, perfumes, alterations or signs of washing;
any unauthorized repairs or tampering;
correspondence of the product with the one purchased;
compatibility of the reported defect with an original lack of conformity.
The result of the inspection will be communicated to the Customer by email.
13. Warranty Handling Times
The Seller will handle the warranty request within an appropriate period, taking into account the nature of the product, the complexity of the inspection, the availability of components or replacement products and the technical time required.
Repairs or replacements will be carried out within a reasonable time and without significant inconvenience to the consumer where the lack of conformity is established.
For handcrafted, natural, discontinued or not immediately available products, times may vary depending on material availability or equivalent products.
14. Lack of Proof of Purchase or Request Not Traceable to the Site
The legal warranty provided by Creazioni Italiane Worldwide E.Commerce Srls VAT No. 11429360966 applies to purchases made directly on www.aurux.it.
For purchases made on the site, the purchase order recorded in the Seller’s systems will prevail.
If the Customer is unable to provide the order number, the Seller may request additional information useful for identifying the purchase, such as:
buyer's first and last name;
email address used for the order;
approximate purchase date;
proof of payment;
other useful documentation.
If the product was not purchased on www.aurux.it, the Customer must contact the seller from whom the purchase was made.
If products are received that cannot be linked to a purchase made on the site, the Seller will inform the Customer and may request payment of the product return costs.
15. Products Received Without Authorization or Documentation
Products sent to the Seller without prior authorization, without identifying data or without sufficient information to identify the Customer and the order may not be processed until the necessary information is received.
The Seller will inform the Customer, where identifiable, inviting them to provide the missing documentation.
If the Customer does not provide the necessary information or does not pay any return costs due, the Seller will keep the product for a maximum period of 60 days from the communication sent to the Customer.
If that period expires without a response, the Seller may take the measures permitted by law to manage the uncollected item, subject to further notice to the Customer where possible.
16. Work Not Covered by Warranty
When the reported defect is not covered by the legal warranty, the Seller may, where possible, offer the Customer a paid service.
Any paid intervention may include, by way of example:
replacement of cords or threads;
restoration of clasps;
replacement with compatible stones;
cleaning or polishing;
other technically possible interventions.
The estimate will be communicated to the Customer before any work is carried out.
No paid work will be carried out without the Customer's acceptance.
17. Important: proper use of jewelry, stones and silk
Jewelry, bracelets, natural stones, metals, scarves and silk ties are delicate products.
To store them correctly, the Customer is invited to:
avoid contact with water, sea, pool water, chlorine, perfumes, creams, cosmetics, detergents and chemicals;
avoid impacts, drops, pulling and rubbing;
do not wear jewelry during sports activities, manual work, showering, bathing or sleeping;
store products separately, in a dry and protected place;
avoid prolonged exposure to sun, humidity or heat sources;
treat silk scarves and ties according to the instructions indicated on the product page or label.
Failure to follow the care instructions may cause alterations not attributable to an original defect in the product.
18. Sales to Professionals or Businesses
This notice concerns the legal warranty provided by the Consumer Code for purchases made by consumers.
For purchases made by professionals, companies or persons purchasing for purposes related to their business, commercial, craft or professional activity, Articles 128 et seq. of the Consumer Code do not apply; instead, the different rules provided by the Civil Code apply, where applicable.
The MIMIT states that the legal warranty under the Consumer Code does not apply to contracts between professionals or businesses.
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