Legal Warranty
Information on the Legal Warranty
Legislative Decree 206/2005 (“Consumer Code”), Articles 128–135, governs the Legal Warranty applicable to sales contracts concluded between a professional seller and a consumer. All electronic products that present faults or malfunctions existing at the time of purchase, or that arise within two years thereafter, are covered by the warranty provided by Herp Italia (“Legal Warranty”).
By law, the Legal Warranty applies only to private consumers; therefore, purchases made with a VAT number or by a buyer who has purchased goods for professional purposes (and thus received an invoice) are excluded. Purchases made with a VAT number, or in any case accompanied by an invoice, are covered by a one-year warranty.
Note: For certain items, the manufacturer offers a warranty longer than two years. In such cases, after the two-year Legal Warranty provided by Herp Italia has expired, the Customer must contact the manufacturer directly.
The warranty period begins on the date the product is received. Customers are therefore advised to keep the delivery document issued at the time of receipt together with the purchase receipt. In the event of a lack of conformity, the Consumer who has notified the Seller within the required period (i.e., within 60 days of discovering the defect) has the right, as a primary remedy, to have the product repaired or replaced. Alternatively, the Consumer may request a store credit equivalent to the value of the item, redeemable on our e-commerce website.
Legal Warranty of Conformity and Consumer Goods Guarantee
This warranty is the Seller’s responsibility and consists of the obligation to deliver to the Consumer goods that conform to the sales contract and are therefore liable for any lack of conformity (existing at the time of delivery), provided it appears within two years of the date of delivery.
A product is considered conforming to the sales contract when:
• it is suitable for the purposes for which goods of the same type are normally used;
• it corresponds to the description provided by the Seller and possesses the qualities of the sample or model shown to the Consumer;
• it presents the quality and performance that are standard for goods of the same type, as the Consumer can reasonably expect given the nature of the good and, where applicable, the Seller’s or manufacturer’s public statements, particularly in advertising or labelling;
• it is suitable for the particular use desired by the Consumer, provided that this use was made known to the Seller at the time of the contract and accepted by the Seller.
In the event of a lack of conformity, the Consumer who reports it within the required period is entitled to:
• primarily, repair or replacement of the good, at the Consumer’s choice, unless the requested remedy is objectively impossible or disproportionately costly compared to the alternative;
• alternatively, a store credit equal to the value of the defective item, redeemable on our e-commerce website.
The Seller must provide the Buyer with free and prompt assistance, performing the repair or replacement without charge within a “reasonable period” from the request and without significant inconvenience to the Consumer, taking into account the nature of the good and its intended use.
The repair or replacement must be carried out free of charge, including shipping, labour, and materials. A “reasonable period” for repairs is defined as a maximum of 60 days in total.
Time Limits
The Seller’s warranty covers defects of conformity appearing within two years from delivery. The Consumer must report the defect within two months from the date of its discovery, under penalty of losing the right to warranty. Legal action to enforce a lack of conformity must be initiated within twenty-six months from the delivery date.
Manufacturer’s Warranty
For certain items, the manufacturer offers a warranty longer than two years. In such cases, after the two-year Legal Warranty provided by Herp Italia expires, the Customer must contact the manufacturer directly according to the instructions contained in the product’s documentation or on the manufacturer’s website.
Operational Guidelines (Frequently Asked Questions)
1. What does the warranty cover?
It applies to all products that show a lack of conformity — that is, faults or malfunctions existing at the time of purchase (or delivery), even if not immediately apparent and that manifest within two years, provided the product is used correctly, with normal care, without any modification, and in compliance with its intended use and the instructions on the product page or in its technical documentation. The Two Years Legal Warranty is reserved for private consumers (purchases made with a VAT number are covered by a ONE YEAR warranty).
2. What should I do if a defect occurs (the product does not work or malfunctions)?
To request warranty assistance:
Send an email to [email protected] within two months of discovering the defect, attaching proof of purchase (or the fiscal receipt in the case of an in-store or trade fair purchase) and describing the defect found. Prepare a well-packed parcel containing the defective product and all its accessories. We will arrange collection at our expense through a courier service. Upon arrival at our facility, the product will be examined, and we will proceed with repair or replacement as appropriate.
Note: If it is determined that the defect was caused by improper use by the Consumer, or that the product was opened or modified in any way, or if the product is found to be functioning correctly, the Legal Warranty will be voided, and the Customer will be charged for the collection and return shipping costs of the product.
