Legal Guarantee of Conformity

1. What the guarantee is

Under Articles 128 to 135-septies of the Italian Consumer Code (implementing Directive (EU) 2019/771), we are liable to you for any lack of conformity that exists at the time of delivery and becomes apparent within two years of that delivery.

This guarantee is given by law, applies to every product on this site, and costs you nothing. It is separate from, and additional to, your fourteen-day right of withdrawal.

You must report a lack of conformity within two months of discovering it, so tell us as soon as you notice something.

2. What conforming means here

A garment conforms if it matches the description, type, quantity and quality we published, and is fit for the purpose garments of that kind are normally used for. On this site that means, specifically, that it matches the measurements we published for it:

• Fabric weight. The finished cloth weighs what the product page says, to the tolerance stated on the fabric and weight page.
• Knit face. A garment listed as loopback has an unbroken loop face inside; a garment listed as brushed has a cut and raised pile. Receiving one when you ordered the other is a lack of conformity, not a variation.
• Shrinkage. Washed once at the temperature we published, and dried the way we published, the garment moves no more than the published figures beyond the stated tolerance. If yours shrank materially more than that, it did not conform.
• Measurements. The garment matches the size chart for the size you ordered, within the tolerance stated on the fabric page.
• Composition, origin and cords. The fibre content, the two origin statements and the cord type match what is on the product page and the sewn-in label.
• Construction. Seams, rib, zips and bar-tacks hold in normal use. A seam that opens, a cuff that loses its recovery within the period, or a zip that fails is a defect.

3. The first year

For one year from delivery, any lack of conformity that appears is presumed to have existed at delivery. You do not have to prove anything; we would have to prove the contrary.

Between the first and second year the guarantee still applies for the full two years, but the presumption no longer runs automatically. In practice we do not make customers argue this point over a garment: if a seam has failed in month eighteen, it failed because of how it was made.

4. Your remedies, in order

1. Repair or replacement, at your choice, free of charge, within a reasonable time and without significant inconvenience to you. We bear all costs, including postage both ways. We may propose the other option only where the one you chose is impossible or would cost us disproportionately more.
2. A price reduction, or termination with a full refund, where repair or replacement is impossible, where we have not completed it in reasonable time, where the same defect returns, or where the defect is serious enough that asking you to wait would be unreasonable.

You are not required to accept a credit note. Where a refund is due, it is money, returned by the same means you paid.

A minor lack of conformity does not by itself entitle you to terminate, but it does entitle you to repair, replacement or a price reduction.

5. How to claim

1. Email support@scmodaitalia.shop with your order number, which item it is, and what has gone wrong. A photograph helps and is usually enough; we will not send you on a journey to prove something visible in a picture.
2. We reply within two working days with a prepaid return label or, where the fault is clear from the photograph, with the remedy directly.
3. We inspect, and confirm the remedy in writing. Where we cannot repair or replace within a reasonable time, we say so and refund instead of leaving you waiting.

Nothing in this process is a condition of the guarantee. It is how we make it quick. If you would rather write to the registered office or call, the details are on the legal notice page.

6. What is not a defect

Being straightforward about this is part of being straightforward about the rest:

• Pile flattening on brushed fleece. The raised pile on a brushed garment lies down with wear. That is what brushed fleece does, it is stated on every brushed product page, and it is not a fault.
• Pilling within the published grade. Every product page states a pilling grade and the test method used. Pilling consistent with that grade is normal. Pilling clearly worse than it is not, and that is covered.
• Shrinkage within the published figure. Cotton knit moves in the first wash. We publish how much, and both size charts are built from it. Movement within that figure is the garment behaving as described.
• Normal wear. Cuff rib softening over years, gradual fading, and abrasion at the points that rub.
• Damage from misuse or from ignoring the care instructions, for example tumble drying a garment marked not to be tumble dried, or washing above the stated temperature.
• Alterations or repairs carried out by someone else.

7. Care and the guarantee

Following the care instructions keeps the guarantee straightforward, but a care label is not a trap. We will not refuse a claim over a seam failure because a garment was once washed at 40 °C instead of 30 °C. What matters is whether the way it was cared for actually caused the problem.

8. No commercial warranty

We do not offer an additional commercial or extended warranty on top of the statutory one, and we do not sell one. What is described on this page is the whole of the cover, it comes from the law, and it is free.

If a dispute cannot be settled between us, the routes available to you, including the European ODR platform and chamber of commerce mediation, are set out in section 15 of the terms of sale.