RIGHT OF WITHDRAWAL

The online customer acting as a consumer is entitled to withdraw from the contract, as provided for in Articles 49 to 67 of Legislative Decree no. 206/2005, known as the Italian Consumer Code.

 

It is to be noted that this right is reserved only for natural persons, i.e. private consumers acting for purposes unrelated to their profession. There is no right of withdrawal for legal and natural persons who act, with reference to the purchase contract, in a professional context.

 

Pursuant to and within the limits set out in art. 64 of the Consumer Code, the consumer has the right, within 14 calendar days of receiving the purchased products, to exercise the right of withdrawal, consisting in the possibility of returning the products received and obtaining a refund of the price paid, without penalty and without need to specify the reason. The return or replacement must take place within 7 days of acceptance of the withdrawal request.

This right applies to all products purchased online on this site, with the exclusion of personalized products (art. 59 letter c of the Consumer Code), audiovisual or IT software delivered sealed and subsequently opened by the customer.

Return costs are at the consumer charge.

The right of withdrawal is totally voided if the product returned is not intact, due to the absence, for example, of integral elements of the product (accessories, instruction manuals, etc.) or if the product has been damaged for reasons other than transport from the seller to the consumer, not previously reported.

Without limiting the right of withdrawal, upon delivery of the product the consumer, who has reason to believe that the product has been damaged during transport, must refuse the delivery or accept it with express reservation.

Any anomaly must then be communicated within 8 days by email to the following address: info@marcapiumamaterassi.it

 

Procedure for exercising the right of withdrawal

To exercise the right of withdrawal it is necessary to send, within 14 calendar days of receipt of the product purchased, a communication clearly stating the intention to withdraw from the purchase contract.

This communication must be sent by email to: info@marcapiumamaterassi.it

The consumer must then provide, using a courier of his choice, the shipment of the product (if possible in its original packaging and, in any case, always carefully packed) and complete with all accessories, instruction manuals and everything originally contained.

The consumer must carry out this shipment within 10 working days from the date on which he or she sent the communication exercising the right of withdrawal.

 

Important Notes

Transport costs and responsibility for the goods during shipment, as required by law, are the responsibility of the consumer.

It is therefore advisable to insure the product with the chosen courier, taking care to pack the goods carefully, where possible by inserting the original packaging in an external box and, in any case, avoiding damaging the product with adhesive tape, labels, etc. The product must be returned intact and complete with all its parts and accessories, including any warranties, instructions, user licences, etc. 

In the event of transport damage occurring during the return, the seller will notify the consumer of the damage within five working days of receipt of the product, allowing the consumer to make a complaint to the carrier used for transport. The damaged goods will be made available for return and the request for withdrawal will be cancelled at the same time.

Without prejudice to what is provided for below in the case of partial withdrawal, the seller will refund, within 14 days of the seller becoming aware of the exercise of the right of withdrawal, the full amount of the purchase and the transport costs for delivery, by means of a transfer to the credit card or by bank transfer to the current account indicated by the consumer; the transport costs for returning the product remain the responsibility of the consumer.

If the withdrawal is partial (i.e. it concerns only some of the products delivered in a single delivery), the refund of the shipping costs incurred by the consumer for the delivery of the products at the time of purchase is excluded.

 

The specific case of the “customised product”

Art. 59 lett.c eliminates the right of withdrawal in cases where the product sold has been “customised” according to the choices of the final customer.

The company considers “customized products” to mean oversized products purchased “to order” and any size other than the one selected in which the wording “standard” is indicated.

For all sizes other than the standard ones, the right of withdrawal will be limited to the mattress plate only. The company will therefore organize the return with consequent reimbursement of the price less the cost of the custom-sized covering. The purchased covering will remain the property of the customer.

Order Cancellation Request

  • The purchase order can be fully cancelled if, at the moment of Cancellation Request the product is still being prepared for dispatch and, in any case, if the amount has not yet been received, in which case no cost will be charged to the customer.
  • If at the moment of Cancellation Request the product has already been shipped or, in any case, it has already been paid, the customer shall exercise the right of withdrawal and return the goods to the seller.

 

To achieve this, you must follow the procedures set out above for exercising your right of withdrawal.

For further information you can write to us by clicking below: Request information

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