News
Phone of a different color than desired: it is not a serious breach
- 01/06/2021
The Supreme Court, with a very recent order of 24 May 2021, n. 14106, ruled out that a telephone of a different color, delivered to replace the non-working one, of the same brand and model, could be qualified as a defective product; this because, even if of a different color, it remains suitable for the use for which it was intended and not devoid of the qualities promised pursuant to art. 1497 of the Italian Civil Code According to the Supreme Council, therefore, a serious breach by the seller could not arise due to defects in the thing sold, so much so that the applicant had personally collected the new telephone set at the service center, noting its characteristics and functioning and, even if of a different color , had accepted a product as to his liking.
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