Legal Guarantee

Legal Guarantee of Conformity

Last updated: December 2025

All products sold on www.tomaino.it are covered by the Legal Guarantee of Conformity as set forth in Italian Legislative Decree 206/2005 (Consumer Code), articles 128–135, to protect consumers in case of defective products or products that do not conform to the sales contract.

The legal guarantee is valid for 24 months from the date of delivery of the product and is exclusively reserved for consumers (natural persons purchasing for non-professional purposes).

1. Scope of the Guarantee

The legal guarantee covers defects of conformity existing at the time of product delivery and which become apparent within the 24-month period.

A product is considered non-conforming when:

  • it does not correspond to the description on the product sheet;
  • it does not possess the usual qualities and performance of an item of the same type;
  • it presents structural or functional defects not attributable to customer use;
  • it is damaged or incomplete due to causes attributable to production or packaging.

2. Exclusions from the Legal Guarantee

The legal guarantee does not cover:

  • normal wear and tear due to use and the passage of time (e.g., scratches, discoloration, loss of brilliance, loosening);
  • damage resulting from improper use, incorrect assembly, or non-compliant maintenance;
  • damage caused by impacts, falls, atmospheric agents, or external events;
  • products modified, tampered with, or repaired by unauthorized persons;
  • use of the product in contexts other than its intended use;
  • products left outdoors unless explicitly stated as suitable for outdoor use.

Illustrative examples:
a chair showing signs of wear after months of use is not to be considered defective; a vase that breaks due to frost, if not indicated as frost-proof, is not covered by the legal guarantee.

3. Consumer Obligations

The consumer is obliged to report the defect of conformity within 2 months of discovery, as provided by current regulations.

The report must be sent via email to info@tomaino.it, including:

  • order number;
  • detailed description of the defect found;
  • clear photographs and, if necessary, a short video of the product.

4. Defect Verification

Upon receipt of the report, Tomaino Srl will proceed with the verification of the defect within a reasonable timeframe, providing operational instructions to the customer.

Depending on the type of product and defect, the following may be requested:

  • the sending of additional photographic documentation;
  • the return of the product for verification;
  • partial return or no return, if the defect is clearly documented.

5. Remedies Provided by the Guarantee

In case of an ascertained defect of conformity, Tomaino Srl may, at its discretion and as provided by law:

  • repair the product free of charge;
  • replace the product with a new or equivalent one;
  • refund the amount paid, if repair or replacement is not possible or proves excessively burdensome.

The solution adopted will take into account product availability, the nature of the defect, and management times.

6. Costs and Procedures

In case of a defect recognized as covered by the guarantee, any shipping costs incurred by the customer will be reimbursed or compensated.

If the defect is not recognized as covered by the guarantee, the product may be returned to the customer at their expense.

7. Additional Commercial Guarantees

Some products may be covered by an additional commercial guarantee from the manufacturer, separate and distinct from the legal guarantee.

Such guarantees are optional and regulated directly by the manufacturer. Tomaino Srl is not responsible for the direct management of such guarantees, unless otherwise indicated.

8. Limitations of Liability

The legal guarantee protects the consumer from defects of conformity but does not constitute total coverage for any damage.

The correct and compliant use of the product remains the customer's responsibility.

9. Contacts

For inquiries regarding the legal guarantee:

Email: info@tomaino.it
Tomaino Srl – Via San Bernardo 56, 20021 Bollate (MI)

Tomaino Srl undertakes to handle every report with fairness, transparency, and common sense, in compliance with consumer rights and its own work.