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In which cases is a lack of conformity excluded?

As a rule, if the delivered item is found to be non-compliant with the contract, the consumer may challenge the seller over the non-conformity found. However, the consumer cannot legitimately invoke the seller's liability if at the time of the conclusion of the contract:

  • the consumer knew of the defect or could not ignore it using ordinary diligence in the event of an obvious or easily recognisable defect;
  • the defect concerns materials supplied or in any case referable directly by the consumer or that depends on their instructions.
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