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Legal Guarantee

 

All of the products on Onsurprise have a 24-month, legal guarantee period that starts as soon as you receive your product, as prescribed by Art.128-135 of the Italian Consumer Code and The European Directive on Consumer Rights (2011/83/EU) (‘Legal Guarantee’). Defects caused by negligence, misuse or tampering, wrong voltage or wear and tear are not included in the warranty. If, during this period, the product shows defects that are clearly not due to an inappropriate use, you can solicit a guarantee claim by compiling the necessary form. To request the form, please write to support@onsurprise.com or use the website’s contact sheet.

 


Who’s applicable?

Legal Guarantee is reserved to consumers. As such, it applies only to users that have made purchases on the Site for a scope other than a commercial, business or professional activity. Those who purchase on the Site but don’t fall under the category of consumers have a distributor guarantee that covers the sold product’s defects and includes essential defects in promised quality, as well as other guarantees in the Italian Civil Code with their respective terms and limitations. Onsurprise offers customers that subscribe with a VAT number an up to 12-month guarantee starting from the date they receive the goods.

 

When does it apply?

The distributor (regarding the purchases made on the Site onsurprise.com) is responsible for dealing with the final customer from the moment they receive their product and the 2 years following the delivery. Goods that do not conform to the contract must be reported to the distributor within two months from the date of its finding, or the guarantee will no longer be valid. 

 

Unless proven otherwise, it’s assumed that flaws or defects that show up within six months from the product’s delivery date were already present before such date, unless this assumption is incompatible with the nature of the product or the nature of the conformance defect. Starting from the seventh month after the product’s delivery, the customer will be the one responsible for proving the compliance defect existed prior to the delivery.

In order to be able to claim the Legal Guarantee, the user must first provide proof of the product’s purchase and delivery dates. Thus, it’s useful that the customer keeps the order confirmation, transport document or any other document that can provide evidence of the purchase and delivery dates for proof.


What is a conformance defect?

The purchased product has a conformance defect when:

  • It’s unfit for the use given to it by other products of its type;
  • It doesn’t conform to the description made by the distributor and lacks the quality the distributor showed to the customer in the product’s model or sample;
  • It lacks the usual quality and presentation of products of its type, which the customer reasonably expected, considering the statements made in its labels and advertising;
  • It’s unfit for the specific use the customer intended, which was expressed to the distributor prior to the product’s purchase and was agreed on by the distributor.

Hence, product faults or malfunctions caused by the customer, accidents, misuse and/or a different use from that specified in the product’s technical documents are all excluded from the Legal Guarantee.

The guarantee may not apply or apply only partially in the following cases: 

  •   Reparation of product damages from external causes (for example: fire, lightning, shock, rust, power surges, water/sand infiltration…)
  •   Error by the consumer, for example, use or installation that does not conform with the manufacturer’s specifications;
  •   Use of device that results harmful for maintenance;
  •   Damages caused by an intervention from an unauthorized technical assistance service;
  •   Damages attributed to inappropriate hardware or software use by the customer.

 

In cases of easily perishable products, like health and hygiene products, some limitations may apply. We also remind you that electronic products with an operating system (smartphones, tablets, smartwatches, etc..) are specifically programmed to function with the operating system installed. The device’s guarantee is automatically void in cases of modding with customized ROMs and root od installations on the device with other firmware. In the case of tech products, the guarantee does not generally cover virus removal or software recovery. 



Means Available to the Customer

In cases of rightfully claimed conformance defects within the given terms, the customer has the following rights:

The product’s free repair;

Or choice between the product’s refund, price reduction or contract rescission in cases where repair is impossible, excessively costly or it did not take place within a reasonable time or took place and caused a significant inconvenience to the customer.

 

The means requested is excessively costly if it generates unreasonable costs to the seller when compared to other possible alternative means, taking into account 

(i) the product’s value if it lacked the conformance defect;
(ii) the entity of the flaw or defect;
(iii) the possible use of an alternative means that doesn’t present significant inconvenience to the consumer.

 

Incidents within 24 hours of delivery. Damaged packaging or wrong product: 


All our products leave the warehouse with the packaging in perfect condition. If you detect any damage on delivery, it is INDISPENSABLE that you state it clearly on the dispatch note of the courier company indicating ‘PACKAGE VISIBLY DAMAGED.’

Please inform us of the incident immediately (within 24 hours of delivery) by sending an email to our customer service centre support@onsurprise.com and attaching the readable scan of the dispatch note. We can use this document to claim on the shipper's insurance and in the meantime, replace the damaged product with a new one for free.

In case you received the wrong product, please notify us of the incident within 24 hours of delivery, by sending an email to our customer service centre support@onsurprise.comWe willhappily replace the product with no expenses at your charge. 

 

 
What to do in case of a conformance defect – Technical Support 


In case a product purchased on the Site shows what could be a conformance defect, during the course of it’s Legal Guarantee validity period, the customer should contact our customer service centre via email support@onsurprise.comor through the Site’s contact form.The Customer Service Department will provide a timely reply to the alleged conformance defect claim and will indicate the specific procedure that follows to the customer, considering the claimed defect. In case of incidents where a guarantee claim is justified, the product will be repaired, substituted, returned or the customer will receive a price discount, according to law. Onsurprise reserves the right to solicit that the customer attach the order’s documentation in their request of a Legal Guarantee Claim.

 

The guarantee will be void if: 

- any detail of the guarantee or the proof of purchase is modified, altered or replaced; and/or

- the identification number or the guaranteed product is tampered with or repaired without prior authorisation by the Technical Service.

In order to exercise the guarantee, you must send us an email support@onsurprise.com including: 

- Order Number
- Product description
- Description of the product's problem
- Attached photos in the case of visible damage

 
Each case will be dealt with individually and you will be given the technical service address of each manufacturer for your country or the place where your customer must send the product and accessories (with prepaid expenses).

Onsurprise will collect the product at the address indicated by the customer and send it to our affiliated Technical Service Centre (in your country when possible). The returned product must be in integral condition, complete with original packaging. Initially, Onsurprise covers all recollection expenses.  

The Technical Service Centre will make the necessary revisions to confirm or deny the existence of the conformance defect claimed. If the Service Centre confirms the conformance defect, all repair/replacement and transport expenses will be covered by Onsurprise.

If the Technical Service Centre does not find a conformance defect, but a failure or malfunction caused by the customer, accidents, misuse and/or a different use from that specified in the product’s technical documents, then the Legal Guarantee will be considered void and a direct relationship between the Technical Service Centre and the customer will be established. Onsurprise will be estranged from this relationship and exempt from any responsibility. In this case, transportation and any repair/substitution costs will be covered by the customer. Onsurprise will inform the customer of the circumstances, while the Technical Service Centre will inform them of any costs to cover from repair or replacement (if the damage was caused by the client, transport and repair costs will be on their expense).

If official technical support is available, the repair’s timing will be established by the official Technical Service Centre. The average necessary timing for a support procedure is less than 30 business days (excluding shipping times). Waiting time may be longer for some repairs.

In all cases, repair or substitution of faulty products, if required, will take place as quickly as possible and within 60 calendar days from the day Onsurprise received the faulty product. Only if we are unable to repair the product and have it fully functioning in the 60 calendar days from the product’s arrival at the Service Centre, will we then proceed to choosing another alternative remedy covered by the Legal Guarantee (replacement or refund). In case we decide to opt for an alternative remedy, we’ll consider the returned product’s current value, that is, the product’s price will have depreciated 20% in the first trimester and from there depreciate 10% each trimester until reaching 10% refund value in the final trimester, from the 22nd to 24th month. After 24 months, guarantee claims are no longer accepted.

 

 

 

Request to Return and/or Replace Purchased Products

 

In accordance with European Directive 2011/83, enforced in Italy through the Legislative Decree of December 3, 2013, the customer has the right to solicit to retract from the contract without needing to state any grounds for withdrawal.

The Right of Retraction can be exercised by the customer up to 14 days starting from the date they receive the product(s). The customer must inform Onsurprise of their decision to withdraw from the contract by an unequivocal statement.

This right is reserved exclusively for customers, that is, people who buy goods for purposes other than professional or commercial activities and therefore do not indicate their VAT number in the order form.

Note that:

  • Customers that make purchases with a VAT number are not entitled to the Right of Retraction.
  • Customers are not entitled to withdraw from their contract if the product lacks the original packaging of all its elements, including protective foil, cables and everything else present in the original package.
  • Customers cannot solicit to withdraw from their contract for only parts of the purchased product. 

 

Retraction Procedure

1. Within 14 calendar days from the product’s delivery date, the customer must send an email to support@onsurprise.comnotifying Onsurprise of their intention to withdraw from the contract.

Then the customer must send a registered mail with return receipt to:

B&P Solutions Corporation Ltd
Via Abate Zani 56/C
43036 Fidenza (PR) 

Or alternatively, send a notice via certified email to bpsolutions@legalmail.it

 

The notice must include the ORDER NUMBER of the product relative to the request. For more information and to solicit a model withdrawal form, you can send an email to support@onsurprise.com

 

Once the notice regarding the contract withdrawal request has been received via registered mail or certified e-mail, the company’s Customer Service Department will contact the customer via email, accepting the request and confirming the package’s shipment.

2. The customer must prepare the package correctly in order to prevent damages during shipping. The customer must use the product’s original packaging and the product should include everything it originally contained. We recommend the customer use an insured courier service.

The customer must cover shipping costs and is responsible for the goods during shipping. If the product is lost, stolen, etc. B&P Solutions Corporation Ltd reserves the right to charge for any damages incurred. If the customer made their purchase through Paypal they’re eligible for a free return (Paypal will cover shipping costs). Verify Terms & Conditions

3. Within 14 days from the withdrawal’s approval by B&P Solutions Corporation Ltd, the customer must ship the product via courier.

4. Once the product has arrived, B&P Solutions Corporation Ltd will proceed to verifying the product’s integrity and the presence of all accessories contained in the original product.

5. The company will refund all the payments received from the customer, including shipping charges, without delay and always within 14 days from the reception of the product relative to the withdrawal request. The company will refund the amount using the same payment method employed by the customer in the initial transaction, unless there was an express agreement with the customer otherwise and as long as it does not incur any cost as a result of such refund.

The customer is only required to pay compensation for a loss in value of the product if such loss in value is attributable to their handling of the product which goes beyond what is necessary to examine their features, characteristics and functionality. To determine the features, characteristics and functionality of the product, the customer may only examine the product in the same way they would be able to do so in a shop. Therefore, during the rescission period, the customer should handle and inspect the goods with due diligence. We recommend customers do not remove foils, labels or other distinctive features in order to be eligible for exercising this right. In case of electronic devices, customers should not apply front or rear covers. The original case should be well preserved and all of the original accessories should be left intact inside the package.

 

If the customer accepts responsibility for handling the product beyond what is necessary to examine its features, characteristics and functionality, they must accept a decrease in the product’s value amounting to 25% of the amount paid.

In the event the product suffers any damage during shipping, B&P Solutions Corporation Ltd will notify the customer of the incident (within 15 days from receiving the product in its warehouse), to allow the customer to immediately file a complaint against the courier chosen by them and obtain a refund for the product’s value (if insured by the customer). 


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