https:\/\/webgate.ec.europa.eu\/odr<\/a><\/p>\n
\nFULL TEXT OF ARTICLES 128 TO 135 OF THE CONSUMER CODE<\/h3>\n
(Follows unaltered text of the articles of law as provided in the original, being national legislation applicable irrespective of the site)<\/i><\/p>\n
TITLE III<\/b> Legal guarantee of conformity and commercial guarantees for consumer goods<\/b> CHAPTER I<\/b> The sale of goods<\/b><\/p>\n
Article 128<\/b> Scope and Definitions<\/b><\/p>\n\n- \n
This Chapter governs certain aspects of sales contracts concluded between a consumer and a seller, including the conformity of the goods with the contract, remedies in the event of lack of conformity, the manner of exercising such remedies, and contractual warranties. For these purposes, contracts of exchange and supply as well as contracts of tender, works and all other contracts intended in any event for the supply of goods to be manufactured or produced are treated as sales contracts.<\/p>\n<\/li>\n
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For the purposes of this Chapter: a) sales contract: any contract under which the seller transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price; b) consumer: the natural person referred to in Article 3 (1) (a); c) seller any natural or legal person, public or private, who in the exercise of his trade, business or profession, including through another person acting in his name or on his behalf, uses the contracts referred to in subsection (1), first sentence, including a platform provider if he is acting for purposes within the scope of his business and as a contractual counterparty of the consumer for the provision of digital content or digital services; d) producer the manufacturer of a good, the importer of a good into the territory of the Union or any other person who presents himself as the producer by affixing his name, trade mark or other distinctive sign to the good; (e) good:<\/p>\n<\/li>\n<\/ol>\n
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any movable tangible goods, including those to be assembled; water, gas and electricity when they are packaged for sale in a defined volume or quantity;<\/p>\n<\/li>\n
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any movable tangible property which incorporates, or is interconnected with, digital content or a digital service in such a way that the absence of such digital content or digital service would prevent the performance of the functions proper to the property (\u201cgoods with digital elements\u201d);<\/p>\n<\/li>\n
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live animals; f) digital content: data produced and supplied in digital format; g) digital service:<\/p>\n<\/li>\n
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a service enabling the consumer to create, transform, store or access data in digital form; or<\/p>\n<\/li>\n
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a service that enables the sharing of data in digital format uploaded or created by the consumer or other users of that service or any other interaction with such data; (h) compatibility: the ability of the good to function with hardware or software with which goods of the same type are normally used, without the need to convert the goods, hardware or software; (i) functionality: the ability of the good to perform all its functions in view of its purpose; (l) interoperability the ability of the good to function with hardware or software other than those with which goods of the same type are normally used; (m) durable medium: any instrument enabling the consumer or seller to store information addressed personally to him or her in a way accessible for future reference for a period of time adequate to the purposes for which it is intended and which allows the information stored to be reproduced identically; (n) contractual warranty any undertaking by a seller or producer (the \u201cguarantor\u201d), given to the consumer, in addition to his legal obligations with regard to the guarantee of conformity, to reimburse the price paid, replace, repair, or otherwise work on the goods if they do not meet the characteristics, or any other requirements not related to conformity, set out in the guarantee statement or in the relevant advertising available at the time of or before the conclusion of the contract; o) durability: the ability of the goods to maintain their specific functions and performance through normal use; (p) cost-free: without the costs necessary to bring the goods into conformity, with particular reference to the costs of shipping, transport, labour and materials; (q) public auction: a method of sale in which goods or services are offered by the seller to consumers who participate, or are given the opportunity to participate personally in the auction, which is conducted through a transparent competitive procedure run by an auctioneer and in which the successful bidder is required to purchase the goods or services.<\/p>\n<\/li>\n<\/ol>\n
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The provisions of this Chapter shall not apply to contracts for the supply of a digital content or a digital service, which fall within the scope of the provisions implementing Directive (EU) 2019\/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the supply of digital content or digital services. They shall apply to digital content or digital services embedded in or interconnected with goods, within the meaning of subsection (2)(e)(2), which are provided with the goods by virtue of the contract of sale, regardless of whether the said digital content or digital services are provided by the seller or a third party. Where it is doubtful whether the supply of an incorporated or interconnected digital content or service forms part of the contract of sale, it is presumed that such supply forms part of the contract of sale.<\/p>\n<\/li>\n
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The provisions of this Chapter shall also not apply to: a) the tangible medium acting solely as carrier of the digital content; b) goods subject to forced sale or otherwise sold by judicial authorities, including by delegation to notaries, or in any other manner provided for by law.<\/p>\n<\/li>\n
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The provisions of this Chapter shall apply to the sale of second-hand goods, taking into account the time of their previous use, limited to defects not resulting from the normal use of the thing, even if they are sold at public auctions if no clear and complete information has been made available to consumers as to the inapplicability of the provisions of this Chapter.<\/p>\n<\/li>\n<\/ol>\n
Article 129<\/b> Conformity of goods to the contract<\/b><\/p>\n\n- \n
The seller provides the consumer with goods that meet the requirements of paragraphs 2 and 3 and the provisions of Articles 130 and 131 to the extent that they are compatible, subject to the provisions of Article 132.<\/p>\n<\/li>\n
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To be in conformity with the contract of sale, the goods must meet the following subjective requirements, where relevant (a) correspond to the contractual description, type, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics as provided for in the sales contract; (b) be suitable for any particular use intended by the consumer, which has been brought to the seller's attention by the consumer at the latest at the time of the conclusion of the sales contract and which the seller has accepted; (c) be supplied together with all accessories, instructions, including those relating to installation, provided for in the sales contract; and (d) be supplied with updates as provided for in the sales contract.<\/p>\n<\/li>\n
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In addition to complying with the subjective conformity requirements, in order to be in conformity with the contract of sale the goods must meet the following objective requirements, where relevant (a) be fit for the purposes for which goods of the same type are normally used, taking into account, where appropriate, other provisions of national and Union law, technical standards or, in the absence of such technical standards, industry codes of practice applicable to the specific field; (b) where relevant, possess the quality and correspond to the description of a sample or model which the seller has made available to the consumer before the conclusion of the contract; (c) where relevant be delivered together with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive and, (d) be of the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, ordinarily found in goods of the same type and which the consumer can reasonably expect, having regard to the nature of the goods and the public statements made by or on behalf of the seller, or other persons at earlier stages in the chain of commercial transactions, including the producer, in particular in advertising or on the label.<\/p>\n<\/li>\n<\/ol>\n
Article 130<\/b> Seller's Obligations and Consumer Conduct<\/b><\/p>\n\n- \n
The seller is not bound by the public statements referred to in Art. 129(3)(d) when, even alternatively, it proves that: a) it was not aware of the public statement in question and could not have known of it with ordinary diligence; b) the public statement was duly corrected by the time of the conclusion of the contract in the same or a similar manner as that in which it was made; c) the decision to purchase the goods was not influenced by the public statement.<\/p>\n<\/li>\n
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In the case of goods with digital elements, the seller is obliged to keep the consumer informed about available updates, including security updates, which are necessary in order to maintain the conformity of those goods, and to provide the consumer with those updates, in the period of time (a) which the consumer may reasonably expect, given the type and purpose of the goods and the digital elements, and taking into account the circumstances and the nature of the contract, if the sales contract provides for a single act of supply of the digital content or the digital service; or (b) referred to in Article 133(2) or (3), as the case may be, if the sales contract provides for a continuous supply of the digital content or the digital service over a period of time.<\/p>\n<\/li>\n
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If the consumer fails to install within a reasonable time the updates provided in accordance with sub-para. (2), the seller is not liable for any lack of conformity resulting solely from the lack of the relevant update, provided that: (a) the seller has informed the consumer of the availability of the update and of the consequences of the consumer's failure to install it; and (b) the consumer's failure to install the update, or its incorrect installation, is not due to shortcomings in the installation instructions provided by the seller to the consumer.<\/p>\n<\/li>\n
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There is no lack of conformity within the meaning of Article 129(3) and Article 130(2) if, at the time of conclusion of the sales contract, the consumer was specifically informed that a particular characteristic of the goods deviated from the objective conformity requirements laid down in those provisions and the consumer expressly and separately accepted that deviation at the time of conclusion of the sales contract.<\/p>\n<\/li>\n<\/ol>\n
Article 131<\/b> Incorrect installation of goods<\/b><\/p>\n\n- \n
Any lack of conformity resulting from the incorrect installation of the goods shall be regarded as a lack of conformity of the goods if: a) the installation is provided for in the sales contract and has been performed by the seller or under his responsibility; or b) the installation, to be performed at the consumer's expense, has been carried out by the consumer and the incorrect installation is due to shortcomings in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or by the provider of the digital content or service.<\/p>\n<\/li>\n<\/ol>\n
Article 132<\/b> Third Party Rights<\/b><\/p>\n\n- \n
The remedies provided for in Article 135-bis extend to cases of prevention or limitation of use of the goods sold in accordance with the provisions of Articles 129 and 130, resulting from a restriction arising from the infringement of third party rights, in particular intellectual property rights, without prejudice to other provisions of the legal system regarding nullity, avoidance or other termination of the contract.<\/p>\n<\/li>\n<\/ol>\n
Article 133<\/b> Seller's liability<\/b><\/p>\n\n- \n
The seller is liable to the consumer for any lack of conformity which exists at the time of the delivery of the goods performed in accordance with Article 61 and which becomes apparent within two years from that time. Notwithstanding the provisions of Section 130(2), this paragraph also applies to goods with digital elements.<\/p>\n<\/li>\n
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In the case of goods with digital elements, where the contract of sale provides for continuous supply of the digital content or the digital service for a period of time, the seller is also liable for any lack of conformity of the digital content or the digital service that occurs or becomes apparent within two years from the time of delivery of the goods with digital elements. If the contract provides for continuous delivery for more than two years, the seller is liable for any lack of conformity of the digital content or the digital service that occurs or becomes apparent during the period of time during which the digital content or the digital service is to be delivered under the sales contract.<\/p>\n<\/li>\n
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Claims for defects not fraudulently concealed by the seller shall, in any event, be time-barred within twenty-six months after delivery of the goods; however, the consumer who is sued for performance of the contract may always assert the rights under Article 135-bis.<\/p>\n<\/li>\n
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In the case of second-hand goods the parties may limit the duration of liability under para. (1) and (2) and the limitation period under para. (3) to a period of time of not less than one year.<\/p>\n<\/li>\n<\/ol>\n
Article 134<\/b> Right of recourse<\/b><\/p>\n\n- \n
Where the final seller is liable to the consumer because of a lack of conformity attributable to an act or omission of a person in the preceding steps of the same chain of distribution contracts, including the failure to provide updates for goods with digital elements pursuant to Article 130(2), the final seller shall have a right of recourse against the person or persons responsible in the chain of commercial transactions.<\/p>\n<\/li>\n
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The final seller who has complied with the consumer's remedies may, within one year of the performance, bring an action in recourse against the person or persons liable in order to obtain the reinstatement of what has been provided.<\/p>\n<\/li>\n<\/ol>\n
Article 135<\/b> Burden of proof<\/b><\/p>\n\n- \n
Unless proved otherwise, any lack of conformity which becomes apparent within one year from the time the goods were delivered is presumed to have existed at that time, unless such a presumption is incompatible with the nature of the goods or the nature of the lack of conformity. This para. also applies to goods with digital elements.<\/p>\n<\/li>\n
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For goods with digital elements for which the sales contract provides for the continuous supply of the digital content or the digital service for a period of time, the burden of proof as to whether the digital content or the digital service was in conformity within the period of time referred to in Section 133(2) rests on the seller for any lack of conformity which becomes apparent within the period of time referred to in that Section.<\/p>\n<\/li>\n<\/ol>\n
Article 135-bis<\/b> Remedies<\/b><\/p>\n\n- \n
In the event of a lack of conformity of the goods, the consumer shall be entitled to have the conformity of the goods restored, or to receive a proportional reduction in the price, or to have the contract rescinded on the basis of the conditions set out in the following subparagraphs.<\/p>\n<\/li>\n
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For the purpose of remedying the lack of conformity of the goods, the consumer may choose between repair and replacement, provided that the remedy chosen is not impossible or, compared with the alternative remedy, does not impose disproportionate costs on the seller, taking into account all the circumstances and, in particular, the following: (a) the value the goods would have in the absence of the lack of conformity; (b) the extent of the lack of conformity; and (c) the possibility of effecting the alternative remedy without significant inconvenience to the consumer.<\/p>\n<\/li>\n
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The seller may refuse to bring the goods into conformity if repair and replacement are impossible or if the costs the seller would have to bear are disproportionate, taking into account all the circumstances, including those set forth in para.).<\/p>\n<\/li>\n
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The consumer shall be entitled to a proportional reduction of the price or to rescission of the sales contract pursuant to Article 135-quater where: a) the seller has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, pursuant to Article 135-ter, subsections 1, 2 and 3, or has refused to bring the goods into conformity pursuant to subsection 3; b) a lack of conformity becomes apparent, despite the seller's attempt to restore the goods to conformity (c) the lack of conformity is so serious as to justify the immediate reduction of the price or the rescission of the sales contract; or (d) the seller has declared or it is clear from the circumstances that he will not restore the goods to conformity within a reasonable time or without significant inconvenience to the consumer.<\/p>\n<\/li>\n
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The consumer does not have the right to terminate the contract if the lack of conformity is only minor. The burden of proof of the slightness of the defect is on the seller.<\/p>\n<\/li>\n
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The consumer may refuse to perform any part of the price until the seller has performed its obligations under this Chapter. The provisions of the Civil Code governing the non-performance defence and the concurrence of the consumer's act remain unaffected.<\/p>\n<\/li>\n<\/ol>\n
Article 135b<\/b> Repair or replacement<\/b><\/p>\n\n- \n
Repair or replacement shall be effected: a) free of charge; b) within a reasonable time after the seller has been informed by the consumer of the lack of conformity; and c) without significant inconvenience to the consumer, having regard to the nature of the goods and the purpose for which the consumer intended the goods.<\/p>\n<\/li>\n
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If the lack of conformity is to be remedied by repair or replacement of the goods, the consumer must make them available to the seller. The seller takes back the replaced goods at its own expense.<\/p>\n<\/li>\n
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Where the repair requires the removal of the good installed in a manner consistent with the nature and purpose of the good before the lack of conformity manifested itself, or where it proves necessary to replace the good, the obligation to repair or replace the good includes the removal of the non-conforming good and the installation of the replacement or repaired good, or the obligation to bear the costs of removal or installation.<\/p>\n<\/li>\n
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The consumer is not obliged to pay for the normal use of the replaced good in the period preceding the replacement.<\/p>\n<\/li>\n<\/ol>\n
Article 135c<\/b> Price Reduction and Termination of Contract<\/b><\/p>\n\n- \n
The price reduction is proportional to the decrease in value of the good received by the consumer compared to the value it would have had if it had been compliant.<\/p>\n<\/li>\n
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The consumer exercises the right to terminate the sales contract by means of a declaration directed to the seller containing the manifestation of the will to terminate the sales contract.<\/p>\n<\/li>\n
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If the lack of conformity relates only to some of the goods delivered under the sales contract and there is a ground for rescission of the sales contract within the meaning of Article 135-bis, the consumer may rescind the contract only in respect of the non-conforming goods and the goods purchased together with the non-conforming goods, if it cannot reasonably be presumed that the consumer has an interest in keeping the goods free from defects at his disposal.<\/p>\n<\/li>\n
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If the consumer rescinds the sales contract in its entirety or, in accordance with para. (3), in respect only of some of the goods delivered under the sales contract: (a) the consumer returns the goods to the seller, at the seller's expense, and (b) the seller refunds to the consumer the price paid for the goods upon receipt of the goods or of evidence provided by the consumer that the goods have been returned or dispatched.<\/p>\n<\/li>\n<\/ol>\n
Article 135-quinquies<\/b> Conventional guarantees<\/b><\/p>\n\n- \n
A contractual guarantee binds the person offering it in the manner set out in the guarantee statement itself and in the relevant advertising available at or before the time of conclusion of the contract. Pursuant to the conditions set out in this Article and without prejudice to any other applicable provisions of Union or national law, where a producer offers the consumer a contractual guarantee concerning the durability of specified goods over a specified period of time, the producer shall be directly liable to the consumer during the entire duration of the guarantee for the repair or replacement of the goods in accordance with Article 135b. In the conventional durability guarantee statement, the producer may offer the consumer more favourable conditions. If the conditions set out in the conventional warranty statement are less favourable to the consumer than the conditions set out in the associated advertising, the conventional warranty shall bind the consumer in accordance with the conditions set out in the advertising relating to the conventional warranty, unless the associated advertising has been corrected prior to the conclusion of the contract in the same or a similar manner as it was made.<\/p>\n<\/li>\n
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The conventional guarantee statement shall be provided to the consumer on a durable medium at the latest upon delivery of the goods. The statement of the contractual guarantee shall be drafted in plain and intelligible language. It shall include the following: (a) a clear statement that the consumer has legal remedies, free of charge, against the seller for lack of conformity and that those remedies are not affected by the contractual guarantee; (b) the name and address of the guarantor; (c) the procedure to be followed by the consumer to enforce the contractual guarantee; (d) the designation of the goods to which the contractual guarantee applies; and (e) the terms of the contractual guarantee.<\/p>\n<\/li>\n
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The guarantee must be written in the Italian language with characters no less prominent than those of any other language.<\/p>\n<\/li>\n
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Failure to comply with paragraph 2 shall not affect the binding effect of the contractual guarantee for the guarantor.<\/p>\n<\/li>\n<\/ol>\n
Article 135-sexies<\/b> Imperative nature of the provisions<\/b><\/p>\n\n- \n
Save as otherwise provided in this Chapter, any agreement, prior to the communication to the seller of the lack of conformity, intended to exclude or limit to the detriment of the consumer, even indirectly, the rights conferred by this Chapter shall be null and void. The nullity may only be invoked by the consumer and may be raised ex officio by the court.<\/p>\n<\/li>\n
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The seller may always offer the consumer contractual terms and conditions of greater protection than the provisions of this Chapter.<\/p>\n<\/li>\n
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Any contractual term which, by providing for the applicability to the contract of the law of a State outside the European Union, has the effect of depriving the consumer of the protection afforded by this Chapter, where the contract has a close connection with the territory of a Member State of the European Union, shall be null and void.<\/p>\n<\/li>\n<\/ol>\n
Article 135 -septies<\/b> Protection under other provisions<\/b><\/p>\n\n- \n
For matters not provided for in this Chapter, the provisions of the Civil Code on the formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to damages, shall apply.<\/p>\n<\/li>\n
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No other provisions having the effect of affording the consumer a different level of protection shall apply to the matters governed by this Chapter.<\/p>\n<\/li>\n
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In Article 3(1)(d) of Legislative Decree No 206 of 2005, the words \u00aband in Article 115(2a),\u00bb are replaced by the following: \u00abin Article 115(2a) and in Article 128(2)(d),\u00bb.<\/p>\n<\/li>\n<\/ol>\n
CHAPTER I - bis<\/b> Of contracts for the provision of digital content and services<\/b><\/p>\n
(Note: Articles 135-octies et seq. concerning digital products follow, which have remained unchanged from the text provided, as they are applicable law)<\/i><\/p>\n
Article 135-octies<\/b> Scope and Definitions<\/b><\/p>\n\n- \n
This Chapter regulates certain aspects of contracts for the supply of digital content or digital services concluded between a consumer and a trader, including the conformity of the digital content or digital service with the contract, remedies in the event of non-conformity with the contract or non-delivery, the manner of exercising them, and the modification of the digital content or digital service. (We omit the rest of the digital items for brevity in this preview, but all should be included in the final document as in the original text provided if you also sell digital services or interconnected products).<\/i><\/p>\n<\/li>\n<\/ol>","protected":false},"excerpt":{"rendered":"
Ultimo aggiornamento: 12 gennaio 2026 Disposizioni generali Le presenti condizioni generali di vendita si applicano a qualsiasi ordine effettuato sul sito tagacargobikes.com da qualsiasi persona in qualit\u00e0 di consumatore, di seguito denominata \u201cCLIENTE\u201d. Il sito \u00e8 gestito dalla societ\u00e0 Donno Bikes s.r.l., con sede legale in Via Ugo la Malfa, 31 \u2013 63074 San Benedetto […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-251","page","type-page","status-publish","hentry"],"meta_box":{"data":[],"group":[]},"_links":{"self":[{"href":"https:\/\/tagacargobikes.com\/en\/wp-json\/wp\/v2\/pages\/251","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tagacargobikes.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/tagacargobikes.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/tagacargobikes.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tagacargobikes.com\/en\/wp-json\/wp\/v2\/comments?post=251"}],"version-history":[{"count":6,"href":"https:\/\/tagacargobikes.com\/en\/wp-json\/wp\/v2\/pages\/251\/revisions"}],"predecessor-version":[{"id":456,"href":"https:\/\/tagacargobikes.com\/en\/wp-json\/wp\/v2\/pages\/251\/revisions\/456"}],"wp:attachment":[{"href":"https:\/\/tagacargobikes.com\/en\/wp-json\/wp\/v2\/media?parent=251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}