Legal Guarantee of Conformity and Harmonised Notice. Complaints and Dispute Resolution
This page informs consumers purchasing on the website www.nekua.com of the rights they may exercise under the legal guarantee of conformity provided for by Article 128 et seq. of the Italian Consumer Code (Legislative Decree No. 206 of 6 September 2005). This summary does not replace the General Terms and Conditions of Sale, which remain the governing text, and does not in any way limit the rights granted to you under the Italian Consumer Code (Legislative Decree No. 206/2005).
The seller is NEKUA S.r.l., with registered office at Via Sant'Andrea 19, 20121 Milan, Italy, VAT No. and Tax Code: 04098410162
1. What is the legal guarantee
The legal guarantee is a form of protection provided for by the Italian Consumer Code, which applies automatically and free of charge. NEKUA S.r.l. is liable to the consumer for any lack of conformity of the product which exists at the time of delivery of the goods and which becomes apparent within two years of that time.
The product is in conformity if it corresponds to the description given in the offer and on the label and if it has the quality and performance that the consumer may reasonably expect. The rights arising from the legal guarantee may not be excluded or limited by contract.
2. When the product is in conformity
Pursuant to Article 129 of the Italian Consumer Code, in order to be in conformity with the sales contract, the goods shall, where applicable, meet the following subjective requirements:
- be of the description, type, quantity and quality, and possess the functionality and other features, as required by the sales contract;
- be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the contract, and in respect of which the seller has given acceptance;
- be delivered with all accessories and instructions, as stipulated by the sales contract;
In addition to complying with the subjective requirements for conformity, in order to be in conformity with the sales contract the goods shall, where applicable, meet the following objective requirements:
- be fit for the purposes for which goods of the same type would normally be used;
- where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract;
- where applicable, be delivered along with such accessories, including packaging and instructions, as the consumer may reasonably expect to receive;
- be of the quantity and possess the qualities, including in relation to durability, functionality, compatibility and safety, normally possessed by goods of the same type and which the consumer may reasonably expect, given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.
3. When the guarantee applies
- The guarantee covers any lack of conformity which becomes apparent within two years of delivery of the product (Article 133(1) of the Italian Consumer Code).
- Any lack of conformity which becomes apparent within one year of delivery is presumed to have existed at the time of delivery, unless proved otherwise or unless this presumption is incompatible with the nature of the product or with the nature of the lack of conformity.
- For products bearing a use-by date or a best-before date, conformity is assessed taking into account the nature of the product and the information stated on the label.
- Any action to enforce claims for defects not fraudulently concealed shall be time-barred after twenty-six months from delivery. In any event, it is advisable to report the defect as soon as it is discovered.
4. Remedies available to the consumer
In the event of a lack of conformity, the User shall report it to Nekua using the contact details set out below. In the event of a lack of conformity, the consumer is entitled, depending on the circumstances, to the remedies provided for by Article 135-bis of the Italian Consumer Code, as set out below:
- To have the goods brought into conformity free of charge by replacement of the product, unless the chosen remedy is impossible or would impose disproportionate costs on the seller. The Product may be replaced following collection of the defective Products by Nekua and at Nekua’s expense.
- Where replacement of the defective Product is not possible, the User shall be entitled to a proportionate reduction of the price or to terminate the contract with a refund of the price. The consumer shall not be entitled to terminate the contract if the lack of conformity is only minor. All of the above shall take place within a reasonable time and without significant inconvenience to the Consumer.
Replacement shall be carried out free of charge for the consumer, within a reasonable period of time from the moment the seller has been informed by the consumer of the lack of conformity, and without significant inconvenience to the consumer.
5. How to claim under the guarantee
In the event of a lack of conformity, the User shall report it to Nekua through Nekua’s support channels set out in the General Terms and Conditions of Sale published on the website nekua.com.
To claim under the guarantee, it is sufficient to contact the Customer Care of NEKUA S.r.l. through:
- the automated conversational support service based on an artificial intelligence system, accessible from the Nekua.com Website or via WhatsApp at +39 340 621 7798;
- a support service with human operators, available Monday to Friday from 9 a.m. to 6 p.m., which may be contacted at the following number +39 0239297031 or by using the online form in the “Contacts” section, with the option of booking a call-back slot.
The User shall provide, as the case may be, the necessary information and, in particular, the order number or other proof of purchase (e.g. the order confirmation or the payment receipt), a description of the defect and the date on which it became apparent, indicating the batch number and the expiry date. Depending on the circumstances, the Product may be replaced following collection of the non-conforming Products by Nekua and at Nekua’s expense.
6. Harmonised notice on the legal guarantee
Pursuant to Article 65-ter of the Italian Consumer Code and Commission Implementing Regulation (EU) 2025/1960, the harmonised notice on the legal guarantee of conformity is set out below. Further information is available on the European Commission’s portal Your Europe – Guarantees.
7. Complaints, ADR and dispute resolution
Please note that if you have an issue concerning a product, an order, a delivery, a refund or a subscription, you may submit a complaint to our Customer Care team, using the online form in the “Contacts” section or by telephone at the contact details indicated above.
Furthermore, for the out-of-court resolution of consumer disputes, you may have recourse to the mediation procedures provided for by Legislative Decree No. 28 of 4 March 2010, or to the alternative dispute resolution (ADR) bodies listed in the register kept by the Ministry of Enterprises and Made in Italy, pursuant to Article 141 et seq. of the Italian Consumer Code.
Please note that any dispute shall fall within the jurisdiction of the court of the place where you reside or are domiciled, if located in Italy. The mandatory consumer protection rules shall in any event remain unaffected.