Conformity – warranty
The customer must ascertain that the items delivered to them correspond to their order. If the items delivered are not the items that were ordered, the customer is advised to:
– inform Noema Vision S.r.l of this as soon as possible, either directly on the Website under the heading “Request concerning a return“, or by means of a telephone call made to the Customer Relations Department (at the number and during the times indicated in Article 3 above), or by means of an email sent to: firstname.lastname@example.org explaining why the item is not in conformity with their order,
– and return the items in question in their original packaging (or at least in packaging that will afford the items in question an equivalent degree of protection during their return transport), in perfect condition that enables them to be put back on sale by Noema Vision S.r.l., unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the invoice enclosed with the items delivered.
– following, in order to facilitate Noema Vision S.r.l.’s processing of the returned item, the various different steps of the procedure suggested by Noema Vision S.r.l., as described on the Website, in the context of which all the costs of returning the item will be met by Noema Vision S.r.l., within the limit of one despatch of returned items per order.
If the customer organizes the return of the said items themselves, by means chosen by them and at their own expense, they are advised to keep any proof of having returned the items by recorded delivery, or by any other means that allows a specific date to be established. The cost of returning the item will be met by Noema Vision S.r.l., provided that Noema Vision S.r.l. agrees that the customer is right in claiming that the item returned is not in conformity with their order, further to the latter’s having sent proofs of the said costs to Noema Vision S.r.l.. They will then be reimbursed by crediting the customer’s bank account accordingly.
If it is not possible to exchange the item returned, and if the customer does not wish to be sent a credit note, reimbursement of the price invoiced for non-compliant items that have been returned will be effected by crediting the customer’s bank account within, at the latest, fourteen (14) days as from Noema Vision S.r.l.’s receipt of the returned items.
Notwithstanding any specific warranty terms and conditions that may have been forwarded to the customer with the item delivered, Noema Vision S.r.l.’s items are subject to the following legal guarantees concerning conformity and any defects in any item sold:
Article L. 211-4 of the Commercial Code stipulates that: “The seller is responsible for delivering goods that are in conformity with the sale contract, and will be responsible for setting right any non-conformity existing at the time of delivery.
It will also be responsible for any non-conformity resulting from the packaging, or from the instructions concerning assembly or installation if the seller is responsible for this under the terms of the sale contract or if it took place under their responsibility.”
Article L. 211-5 of the Commercial Code: “In order to be in conformity with the sale contract, the goods must:
1. Be suitable for the use normally expected of similar goods and:
– correspond to the description given by the seller and possess the qualities presented by the latter to the purchaser in the form of a sample or model;
– present the qualities that a purchaser may legitimately expect in the light of the public declarations made by the seller, the producer or their representative as, for example, in advertising material or labelling;
2. Or present the characteristics defined by mutual agreement by the parties or be suited to any special use sought by the purchaser, brought to the seller’s knowledge and agreed to by the latter.”
Article L. 211-12 of the Commercial Code: “Legal actions resulting from the non-conformity of goods are time-barred at the end of two years as from the delivery of the goods.”