Commercial (or standard) guarantee
Who is responsible for enforcing the standard guarantee?
In addition to the legal guarantee, consumers may also rely on the further guarantee offered by the manufacturer or the seller, known as the standard guarantee (provided for by Article 133 of the Consumer Code); this further guarantee, although cumulative in the sense that it is in addition to the legal guarantee, is however optional, as the manufacturer or seller can choose whether they wish to provide it or not. But once they have offered this guarantee, these parties remain bound by it according to the terms indicated in the statement of guarantee or in related advertising.
On average, how long does a standard guarantee last?
The standard guarantee may have a longer duration than the legal guarantee, and may provide for additional services to be available to the consumer, such as, for example, repair of the product in their own home or provision of a replacement car if their vehicle needs to be repaired.
Who determines the duration of the standard guarantee?
There are no set rules for the standard guarantee in terms of duration, subject matter or geographical scope, so these are determined by the manufacturer or seller offering the standard guarantee.
Is the guarantee offered free of charge (included in the price of the goods) or is an extra payment required?
The standard guarantee is free of charge for the consumer under the provisions of Article 128(2)(c) of the Consumer Code, which stipulates the following: ‘further standard guarantee: any commitment by a seller or manufacturer, made to the consumer, at no additional cost……’.
Does the guarantee need to be confirmed in writing? In what form?
At the consumer’s request, the standard guarantee must be made available in writing or in any other durable medium accessible to him.
What information must be provided to the consumer?
Article 133 of the Consumer Code stipulates that the party offering the standard guarantee must ensure that it indicates at least:
- the declaration that the consumer has the rights stipulated in this paragraph and that these rights are not affected by the guarantee;
- the subject of the guarantee, in a clear and comprehensible manner, and the essential elements required to enforce it, including the duration and geographical scope of the guarantee, and the name or the company and the residence or registered office of the party offering it. This guarantee must also be in Italian, in characters no less clear than those used for any other languages.
For further details, consult the following link from the Ministry of Economic Development in relation to after-sales guarantees.
- https://www.mise.gov.it/index.php/it/assistenza/domande-frequenti/2040876-le-garanzie-post-vendita-domande-frequenti-faq (IT)
- https://www.mise.gov.it/index.php/en/201-contents/2040877-after-sales-guarantees-frequently-asked-questions-faq (EN)