Right of withdrawal
RIGHT OF WITHDRAWAL
1 In accordance with Italian d.lgs. 21/2014, if the Buyer is a final consumer (physical person who purchases the goods for purposes that are not related to professional activity, or carries out the purchase without indicating a VAT number), has the right to withdraw from the purchase contract for any reason, with no explanation required and with no penalty, subject to following paragraph 2, within 14 (fourteen) business days, starting on the day the item is received.
2 In the event the Buyer decides to take advantage of the right to withdrawal, the Buyer must communicate this intention by 14 (fourteen) business days, starting on the day the item is received, by any mode of communication, including but not limited to: by fax at the number: +39 041 5274980; by email at the address firstname.lastname@example.org.
3 For the purposes of right of withdrawal, the mailing of the communication may be validly replaced by the return of the purchased goods, provided it occurs within the same terms as above. The date of dropping of at the post office or pick-up by the courier shall be considered binding.
4 The Buyer cannot exert right of withdrawal for purchase contracts of products that were made to measure or clearly personalized, and in any other instance provided by Italian art. 55 of the “Codice del consumo”.
5 The right of withdrawal is in any case subject to the following conditions: – the right is applied to the purchased product in its entirety; – the purchased good must be whole and returned in its original packaging, inclusive of all parts (including packing material and eventual documentation, etc.); – the application of labels or adhesive tape directly on the product’s original package must be avoided; – shipping costs relative to the return of the item must be paid in full by the Buyer; – the Buyer has full responsibility for the shipment, right until proof of receipt by the Supplier’s warehouse; – the return shipment must be delivered to the Supplier within 14 business days from the request of withdrawal.
6 In the event of damage to the goods during transportation of the returned product, the Supplier will inform the Buyer of the incident (by the 5th business day from receipt of the item in warehouse), to allow the Buyer to promptly file a complaint with the chosen courier and obtain reimbursement for the object’s value (if insured); in which case, the product will be made available to the Buyer for return, meanwhile cancelling the request for withdrawal. The Supplier does not answer in any way to damage or theft/loss of goods returned by uninsured shipment; on arrival to the warehouse, the product will be examined to evaluate possible damage or tampering not resulting from transport. If the original wrapping and/or packaging appear to be ruined, the Supplier will proceed to withhold a percentage from the refund, in any case not above 20% of the full amount, as contribution toward substitution costs.
7 The right of withdrawal is null in absence of the essential condition of integrity of the goods (packaging and/or contents), in the event that the Supplier assesses:
- the absence of the external packaging and/or the original internal packaging;
- the absence of integral elements of the product (accessories, parts, …);
- damage to and/or breaking of the product for causes different and/or preceding transportation.
In the event of decay of the right of withdrawal, the Supplier will proceed to return the product to the Buyer and charging all shipping charges to the Buyer. Upon receipt of the communication in which the Buyer exerts right of withdrawal, the Parties in the present contract are free from mutual obligations, with the exception described in the previous paragraphs of this section.