Although in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the seller, is In other words, ITEMPORALITY, is responsible for the lack of conformity of the Products with the contract for a period of 2 years from the delivery of the Product in the terms established in the aforementioned Royal Legislative Decree 1/2007.
The guarantee period of the Product will begin to count on the day of delivery of the Product, which, unless proven otherwise, will be the day that appears on the invoice or purchase receipt or on the corresponding delivery note if later.
During the first six months: If the lack of conformity manifests itself during the first 6 months from the delivery date, in accordance with the provisions of the regulations, it is presumed that the lack of conformity already existed at the time of delivery. Therefore, it is up to ITEMPORALITY to prove otherwise and that the defect is the consequence of misuse or defective maintenance carried out by the Customer. In this way, ITEMPORALITY has to prove that it delivered the Product in accordance with the agreed conditions and that the lack of conformity did not exist at the time of delivery and that, therefore, ITEMPORALITY is not responsible for the lack of conformity. . During this period, ITEMPORALITY will bear the expenses that may be generated to prove that the Product is compliant and that the lack of conformity did not exist at the time of delivery of the Product.
After six months and up to two years: If the defect appears after the first 6 months and until the end of 2 years from the date of delivery of the Product, the Customer is the one who has to prove that the lack of conformity already existed at the time of delivery of the Product and that the It is not due to misuse or improper maintenance. Sometimes, the Client will have to prove to ITEMPORALITY by means of an expert opinion of the Product the origin of the lack of conformity. In this case, it will be the Client who must bear the costs derived from obtaining those reports, estimates or documents issued by experts, technicians, professionals, Technical Assistance Services, as well as the costs of shipping the Product to ITEMPORALITY. In the event that it is proven that the lack of conformity of the Product already existed at the time of delivery, ITEMPORALITY will assume all the expenses incurred by the Customer to demonstrate the existence of the lack of conformity.
Alternatives in the absence of conformity: In the event of a lack of conformity of the Product with the contract, provided that it is within the legal guarantee period of two years, the Client may choose between demanding the repair or replacement of the Product, unless one of these two options is objectively impossible or disproportionate.
The form of remediation that, compared to the other, imposes on ITEMPORALITY costs that are not reasonable, will be considered disproportionate, taking into account the value that the Product would have if there was no lack of conformity, the relevance of the lack of conformity and if the form alternative sanitation could be carried out without major inconveniences for the consumer and user.
If the Customer has chosen to repair the Product, it continues to be not in accordance with the contract, the Customer may demand the replacement of the Product, unless this option is disproportionate, the price reduction or the termination of the contract.
If the Customer has opted for the replacement and the Product continues to suffer from a lack of conformity with the contract, the Customer may demand the repair of the Product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided for in the Consumer Law.
Termination of the contract will not be possible if the lack of conformity is minor. In order to make the rights conferred by the regulations effective, it will be necessary to present the invoice for the purchase of the Product.In all matters not provided for in this section, Chapters I, II and III of Title IV of Royal Legislative Decree 1 / 2007, of November 16, by which the revised text of the General Law for the Defense of Consumers and Users and other complementary laws is approved.