Privacy Policy

Comment

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Embedded content from other websites

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What rights you have over your data

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Right of Withdrawal and Return Policy

The right of withdrawal, commonly known as the “right to rethink”, is one of the most important rights attributed to the consumer by the Consumer Code.
The right of withdrawal allows the consumer to change their mind about the purchase made, freeing himself from the concluded contract, without the need to provide any reasons to the seller. The buyer can, therefore, return the goods and obtain a refund full amount paid (so-called return).
The right of withdrawal that affects e-commerce is governed by articles from 52 to 58 of the Consumer Code, which deal with the right of withdrawal for contracts a distance. This discipline is subject to a series of exceptions established by art. 59 of Consumer Code.
The buyer, as established by art. 52, enjoys a period of fourteen days for withdraw from the contract without having to provide the seller with any reasons; this term starts, in the case of sales contracts, from the day on which the buyer or a third party, other than the carrier and designated by the buyer, acquires physical possession of the property or: 1) in the case of multiple goods ordered by the consumer through a single order e delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good; 2) in the case of delivery of goods consisting of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires the physical possession of the last batch or piece; 3) in the case of delivery contracts periodic of goods during a specified period of time, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires the physical possession of the first good.
The owner of the web page must expressly inform the buyer of the possibility to exercise the right of withdrawal. If the owner of the website does not fulfill this obligation, art. 53 states that the withdrawal period ends twelve months after the end of the fourteen-day period established by art. 52.
If the trader provides the consumer with information relating to the right of withdrawal within twelve months from the date referred to in article 52, paragraph 2, the period within which it can be exercised the right of withdrawal ends fourteen days after the day on which the consumer receives the information.
This information must be entered both in the conditions of sale and in a specific page of the site.
To exercise the right of withdrawal, the buyer must inform the seller of the willingness to withdraw within the established term or using a specific form present on the site or through a specific written declaration.
To the right of withdrawal as governed by the aforementioned articles, as already mentioned, art. 59 provides for several exceptions that deserve to be mentioned below:
“a) the service contracts after the complete provision of the service if the execution is started with the consumer’s express agreement and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional;
b) the supply of goods or services whose price is linked to fluctuations in the market that the professional is unable to control and which may occur during the withdrawal period;
c) the supply of goods made to measure or clearly personalized;
d) the supply of goods which risk deteriorating or expiring rapidly;
e) the supply of sealed goods which cannot be returned for reasons hygienic or related to health protection and were opened after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place afterwards thirty days and the actual value of which depends on fluctuations in the market that do not they can be checked by the professional;
h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the professional provides services in addition to those specifically requested by the consumer or goods other than necessary spare parts to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;
i) the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the provision of such publications;
m) contracts concluded at a public auction;
n) the provision of housing for non-residential purposes, the transport of goods, the services of car rental, catering services or services relating to weather activities free if the contract provides for a date or a period of execution specific;
o) the supply of digital content through a non-material medium if execution began with the consumer’s express agreement and acceptance of the fact that in this case he would have lost the right of withdrawal. “.
Closely related to e-commerce and a consequence of the right of withdrawal, is the return policy.
The return policy is the strongest protection recognized by the buyer; it consists of the buyer’s right to return the product purchased online e obtain a refund of the purchase price. Again, the online store must expressly inform site users about the terms and conditions of the right of return.
It will be the seller’s responsibility to indicate the conditions in the rules for withdrawal and return (Returns of tampered or compromised products are generally not accepted).