The Code provides numerous definitions concerning consumption relationships, among the most important we can list the following:

A) Consumer or user: the natural person who acts for purposes unrelated to any entrepreneurial or professional activity carried out;

and also: the natural person to whom the commercial information is directed;

B) Consumers’ and users’ associations: social formations whose exclusive statutory purpose is to protect the rights and interests of consumers or users;

C) Professional: the natural or legal person who acts in the exercise of his business or professional activity, or his intermediary;

D) Producer: the manufacturer of the goods or the supplier of the service, or an intermediary thereof, as well as the importer of the goods or service into the territory of the European Union or any other natural or legal person who presents himself as a producer by identifying the good or the service with your name, brand or other distinctive sign;

E) Producer of a “safe product”: the manufacturer of the product established in the Community and any other person who presents himself as a manufacturer by putting his name, trademark or other distinctive sign on the product, or the person who refurbishes the product; the manufacturer’s representative if the latter is not established in the Community or, if there is no representative

established in the Community, the importer of the product; the other professional operators in the marketing chain to the extent that their activity may affect the safety characteristics of the products;

F) Product: except as established in the article, any product intended for the consumer, even in the context of a provision of services, or likely, under reasonably foreseeable conditions, to be used by the consumer, even if not intended, supplied or made available for consideration or free of charge as part of a commercial activity, whether new, used or refurbished; this definition does not apply to used products, supplied as antiques, or as products to be repaired or refurbished before use, provided that the supplier informs the person to whom he supplies the product in writing;

G) Safe product: any product, which, under normal or reasonably foreseeable conditions of use, including the duration and, where appropriate, commissioning, installation and maintenance, presents no risk or presents only minimal risks, compatible with the use of the product and considered acceptable in the observance of a high level of protection of the health and safety of people according, in particular, to the following elements:

  1. the characteristics of the product, in particular its composition, its packaging, the methods of its assembly and, where appropriate, its installation and maintenance;
  2. the effect of the product on other products, if the use of the former with the latter is reasonably foreseeable;
  3. the presentation of the product, its labeling, any warnings and instructions for its use and elimination, as well as any other indications or information relating to the product;
  4. of the categories of consumers who find themselves in a condition of risk when using the product, in particular minors and the elderly;

H) Dangerous product: any product that does not meet the definition of safe product;

I) Defective product: A product is defective when it does not offer the security that can legitimately be expected taking into account all the circumstances, including:

    1. the way in which the product was put into circulation, its presentation, its obvious characteristics, the instructions and warnings provided;
    2.  the use to which the product can reasonably be intended and the behaviors that, in relation to it, can reasonably be expected;
    3.  the time the product was put into circulation.

    A product is defective if it does not offer the safety normally offered by other examples of the same series;

    J) Misleading advertising: any advertising which in any way, including its presentation, is likely to mislead the natural or legal persons to whom it is addressed or which it reaches and which, due to its deceptive nature, could affect their behavior economic or that, for this reason, it is suitable to harm a competitor;

    K) Unfair clauses: clauses which, despite good faith, determine a significant imbalance in the rights and obligations deriving from the contract on the part of the consumer. In this matter, the code has brought clarifications with respect to the legislation as the express nullity of the vexatious clauses is sanctioned in place of the ineffectiveness which in the past had caused doubts and uncertainties in doctrine and jurisprudence.