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.
According to and within the limits of Article 64 of the Consumer Code, the right of withdrawal allows the consumer to change his mind about the purchase made, freeing himself from the contract concluded without giving any reason. In this case, the consumer can return the goods and obtain a refund of the amount paid. The return or replacement must be made within 7 days from the date of acceptance of the request for withdrawal.
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: email@example.com
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: firstname.lastname@example.org
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.
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.
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.
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