Warranty

LEGAL GUARANTEE

Ofita products and all the products that you purchase from Ofita, including those from other brands, are covered by a two-year legal guarantee against non-compliance by virtue of the provisions of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007). The text of the relevant articles of the General Law for the Defense of Consumers and Users is transcribed at the bottom of this page.

In accordance with articles 114-124 of the aforementioned General Law for the Defense of Consumers and Users, consumers have, among others, the right to obtain from the seller, and if the legal conditions, the manufacturer, the repair or free replacement of those products that show a lack of conformity during the 24 months after delivery, provided that the lack of conformity existed at the time of delivery of the product. Unless proven otherwise, any lack of conformity manifested within 6 months after delivery of the product is presumed to already exist at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of lack of conformity.

Explanatory note on the conditions to exercise the rights derived from the legal guarantee

Who has the right to request the application of the legal guarantee according to the General Law for the Defense of Consumers and Users?

Only consumers can benefit from the legal guarantee. Consumers are natural or legal persons who have acquired a product for a use not related to a commercial, business or professional activity. Therefore, the product or products described in an invoice in which the N.I.F. of a company or a professional in order to claim / deduct the applicable VAT are not entitled to benefit from the legal guarantee.

How and when is it possible to request the rights granted by the legal guarantee?

In accordance with the General Law for the Defense of Consumers and Users, a consumer can claim from the seller of a product and, if the conditions established by law are met, from the manufacturer, the rights derived from the legal guarantee for the lack of conformity existing at the time of delivery of the product and manifested within a period of 24 months from the delivery thereof. Unless proven otherwise, it shall be presumed that any lack of conformity manifested within the 6 months following delivery of the product already existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of lack of conformity.

Consumers can benefit from the legal guarantee as long as they can prove the purchase of the product (for example, by invoice or purchase receipt). Therefore, it is very important to always keep the receipt related to the corresponding purchase.

What is a lack of conformity?

According to article 116 of the General Law for the Defense of Consumers and Users, a product has a lack of conformity if said product:

It is not suitable for the uses to which products of the same type are ordinarily intended.
It does not conform to the description given by the seller and does not possess the qualities of the product that the seller has presented to the consumer in the form of a sample or model.
It does not present the usual quality and benefits of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements about the specific characteristics of the products made by the seller. , the producer or his representative, in particular in advertising or on labeling.
It is not suitable for any special use required by the consumer when it has been made known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.

Exclusions:

Faults caused by force majeure, abuse, falls, blows, accidents, fraud or negligence of the user, or by causes not inherent or attributable to the product under normal operating conditions.
Products that are used outside of office or home environments (workshops, production areas, etc.).
Those that are used in days exceeding 8 hours a day. In this case, the warranty is reduced proportionally to the increase in use.
The aesthetic deterioration that could occur on painted or chrome surfaces.
Scratches or dents notified after the date of signature of the delivery note or receipt of the product.
Damages produced in the upholstery due to abrasion when cleaning or using unsuitable products for it.
Cloth or other components provided by the customer.
Upholstery damage when not attributable to non-compliance with the specific technical characteristics of the upholstery offered in terms of resistance to abrasion, light, etc.
Faults produced as a result of the manipulation, modification or repair of the product by unauthorized persons.

Diagnosis, assistance and related expenses

When the consumer is referred to the Ofita Technical Service to obtain a diagnosis of the problem of an Ofita product, the consumer will be given a receipt that will identify both him and the product, and that can be used to verify the situation of the intervention.

In the event that the diagnosis determines that the product has a lack of conformity (that is, that the conditions provided in the General Law for the Defense of Consumers and Users are met), the consumer will be informed of the estimated repair time.

If the diagnosis determines that the conditions set forth in the General Law for the Defense of Consumers and Users are not met (for example, that the defect has been caused by improper use of the product), the Ofita Technical Service will contact the consumer to inform him of the nature of the defect and the estimated cost of its repair. These costs will be borne in their entirety by the consumer. Likewise, in certain cases, the consumer may be asked to pay the cost corresponding to the diagnosis carried out when no lack of conformity has been detected. The consumer will be informed of the corresponding cost when delivering the product so that the problem can be diagnosed. If the repair is not accepted, the customer will have to pay 30 euros for shipping costs to return the product to the place where it was sent.

When the legal guarantee is not applicable, the Ofita Technical Service will ask the consumer for approval of the budget to carry out the repair before starting it.

Coverage

The labor necessary for the repair or replacement of components or damaged parts attributable to manufacturing defects or hidden defects of the product that prevent the correct functioning of the product, as well as the components that must be replaced, is covered by this guarantee. The warranty does not include the transportation of replacement parts or the technician’s travel for repair.

The repair will be carried out at the place of use of the product or at Ofita’s premises by the authorized technical services of the brand. The place for the repair will be determined by Ofita.

Jurisdiction

If, as a consequence of the buyer’s non-compliance, OFITA had to raise any type of claim, judicial or extrajudicial, all the expenses and taxes that are derived as a result of the actions will be paid by the first, including the attorney’s fees and the attorney’s rights. . For any questions that may arise due to this operation, the ordinary Judges and Courts of Vitoria will be competent, to which the client submits, renouncing their own jurisdiction if it were another.

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FULL TEXT OF ARTICLES 114-124 OF THE GENERAL LAW FOR THE DEFENSE OF CONSUMERS AND USERS

Article 114. General principles

The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.

Article 115. Area of application

Included in the scope of this title are contracts for the sale of products and contracts for the supply of products to be produced or manufactured.
The provisions of this title will not apply to products acquired through judicial sale, water or gas, when they are not packaged for sale in limited volume or specified quantities, and to electricity. Nor will it be applicable to second-hand products acquired in an administrative auction to which consumers and users can attend personally.

Article 116. Compliance of the products with the contract

Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, except that due to the circumstances of the case, any of them is not applicable:

- They conform to the description made by the seller and have the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
- Sean aptos para los usos a que ordinariamente se destinen los productos del mismo tipo.They are suitable for the uses to which products of the same type are ordinarily used.
- They are suitable for any special use required by the consumer and user when they have made the seller aware of it at the time of the contract, provided that the latter has admitted that the product is suitable for such use.
- They present the usual quality and benefits of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements about the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or on labeling. The seller will not be bound by such public statements if he demonstrates that he was unaware and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract, or that such statement could not influence the decision to buy. the product.

The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the faulty installation is due to an error in the installation instructions.

There will be no liability for lack of conformity that the consumer and user were aware of or could not have been reasonably ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.

Article 117. Incompatibility of actions

The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the reorganization for hidden defects of the sale.

In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages derived from the lack of conformity.

CHAPTER II Responsibility of the seller and rights of the consumer and user

Article 118. Responsibility of the seller and rights of the consumer and user

The consumer and user have the right to repair the product, to replace it, to lower the price or to terminate the contract, in accordance with the provisions of this title.

Article 119. Product repair and replacement

If the product is not in accordance with the contract, the consumer and user may choose between requiring the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user inform the seller of the chosen option, both parties will have to abide by it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into compliance with the contract.
The form of reorganization that, in comparison with the other, imposes unreasonable costs on the seller 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 An alternative form of sanitation could be carried out without major inconveniences for the consumer and user. To determine whether the costs are unreasonable, the costs for one form of remediation must also be considerably higher than the costs for the other form of remediation.

Article 120. Legal regime for the repair or replacement of the product

Repair and replacement will conform to the following rules:

They will be free for the consumer and user. Said gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
They must be carried out within a reasonable time and without major inconveniences for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
The reparation suspends the calculation of the periods referred to in article 123. The suspension period will begin from when the consumer and user make the product available to the seller and will conclude with the delivery of the repaired product to the consumer and user. During the six months after delivery of the repaired product, the seller will be liable for the lack of conformity that led to the repair, presuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
If the repair has been completed and the product is delivered, it is still not in accordance with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in This chapter.
The replacement suspends the terms referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In any case, article 123.1, second paragraph, shall apply to the substitute product.
If the replacement fails to bring the product into conformity with the contract, the consumer and user 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 in this chapter.
The consumer and user may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.

Article 121. Price reduction and contract termination

The price reduction and the termination of the contract will proceed, at the choice of the consumer and user, when the latter cannot demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconveniences for the consumer and user. The resolution will not proceed when the lack of conformity is of little importance.

Article 122. Criteria for the price reduction

The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.

CHAPTER III

Exercise of rights by the consumer and user

Article 123. Deadlines

The seller is liable for any lack of conformity that appears within a period of two years from delivery. In second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after the delivery of the product, whether it is new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if it is later.
The seller is obliged to deliver to the consumer or user who exercises their right to repair or replacement, documentary justification of the delivery of the product, stating the delivery date and the lack of conformity that originates the exercise of the right.
In the same way, together with the repaired or replaced product, the seller will deliver to the consumer or user documentary justification of the delivery, stating the date of delivery and, where appropriate, the repair carried out.
The action to claim compliance with the provisions of chapter II of this title will prescribe three years from the delivery of the product.
The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this period will not entail the loss of the corresponding right to sanitation, the consumer and user being responsible, however, for the damages or losses actually caused by the delay in communication.

Unless proven otherwise, it will be understood that the communication of the consumer and user has taken place within the established period.

Article 124. Action against the producer

When the consumer and user find it impossible or an excessive burden to address the seller due to the lack of conformity of the products with the contract, they may claim directly from the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the fact that the responsibility of the producer ceases, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

Whoever has responded to the consumer and user will have a period of one year to repeat against the person responsible for the lack of conformity. Said term is computed from the moment in which the cleanup was completed.