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When does the Legal Guarantee apply?

The discipline of the legal warranty (art. 128 et seq. of the Consumer Code) is aimed at protecting the consumer from the non-conformity of the item with respect to the sales contract.

The discipline applies to contracts concluded between a "consumer" and a "seller". 

In light of the definition provided by the law, the following are excluded from the notion of "consumer":

  • legal persons;
  • entities other than natural persons with non-profit purposes (associations, foundations, committees, schools and universities);
  • natural persons qualifying as "professionals" or entrepreneurs (including sole proprietorships) who conclude a contract for professional/entrepreneurial purposes.

Therefore, the Legal Warranty will not be applied in the event that the purchase methods or other circumstances demonstrate with reasonable certainty that the same purchase is not aimed exclusively at private consumption

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