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Right of withdrawal

Published in Legal Area 3709 Views.

Pursuant to articles 64 and following of Consumer Code (Legislative Decree no. 235/05), the consumer who for any reason is not satisfied with the purchase, has the right to withdraw from the contract stipulated, within the term of 14 calendar days starting from the day of the delivery of the goods, for the services from the day of the conclusion of the “online” contract, without any penalty and without specifying the reason. This option cannot be invoked by commercial entrepreneurs.
The withdrawal must be manifested by sending, within the aforementioned period of 14 calendar days, an email to [email protected] indicating the order number, products and the relative quantities to be returned and the reason.
Within the aforementioned period of 14 calendar days, all goods purchased undamaged and in their original packaging, complete with all the essential parts of the product, as well as any manuals must be returned by the consumer to the sender-supplier, without any lack. The return costs will be borne by the CUSTOMER himself, while in default, the withdrawal will become ineffective. Without prejudice to the fulfillment of the above, the SUPPLIER will refund the entire amount paid by the consumer within 14 calendar days from the date on which he became aware of the exercise of the right of withdrawal by the consumer.
In the case of original payment by bank transfer, the consumer will promptly provide the bank details on which to obtain the transfer (Code ABI, CAB, Current account of the invoice holder and BIC / SWIFT).

Clarifications and conditions for exercising the right of withdrawal:

    •    the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, attached software, etc…)
    •     the right does not apply to sealed audiovisual products, IT software and telephony (including those attache to hardware), once opened;
    •    the good purchased must be undamaged and returned in its original packaging, complete in all its parts (including any documentation and accessory equipment: manuals , cables, etc…);
    •    by law, the shipping costs in case of exercise of the right of withdrawal are charged to the customer;
    •    the shipment, until receipt of the goods in our warehouse, is under the complete responsibility of the customer;
    •    in case of damage to the goods during transport, the SUPPLIER will notify the customer of the incident (within the working day following receipt of the goods, to allow him to promptly file a complaint against the courier chosen by him and obtain a refund of the asset (if insured); in this case, the product will be returned, with shipping costs charged to the CUSTOMER, simultaneously with the cancellation of the withdrawal request; the SUPPLIER is not liable in any way for damage or theft/loss of goods returned by uninsured shipments;
    •    upon arrival at the SUPPLIER’s warehouse, the product will be examined to assess any damage and / or tampering not caused by the transport. If the goods, despite being intact, show the original packaging damaged, the SUPPLIER will withhold a minimum percentage of 20% from the refund due, as a contribution to the costs of restoring the goods.
    •    if the goods are no longer intact and / or devoid of the original packaging, the manuals and everything in it, the SUPPLIER may refuse to refund the amount paid by the customer.
Without prejudice to any restoration costs for damages ascertained to the original packaging, the SUPPLIER will refund the customer the amount paid for the item only, except for the shipping costs incurred by the customer for the exercise of the right of withdrawal, within 14 calendar days from the date which he became aware of the exercise of the right of withdrawal by the consumer. we will make the refund following the original payment method. In case of payment by bank transfer, the customer will promptly provide the bank details on which to obtain the transfer (Code ABI - CAB - Current Account of the holder of the BIC / SWIFT invoice).

The right of withdrawal is lost for lack of the essential integrity of the property, in cases where the SUPPLIER ascertains: a) the lack of the original packaging; b) the absence of integral parts of the product (accessories, cables, manuals, parts, etc…); c) damage to the product for reasons other than its transport; d) the lapse of the terms for exercising the right of withdrawal. In such cases, the SUPPLIER will return the purchased good to the sender, charging the shipping costs to him.