Pursuant to art. 59, paragraph 1, letters d) and e) of Legislative Decree no. 206 of September 6, 2005 (Consumer Code), the right of withdrawal is excluded in relation to:
to goods purchased by a B2B User, that is to say a party who does not qualify as a "consumer" pursuant to Article 3, paragraph 1, letter a) of the Consumer Code. In the event that the party making purchases on the Site is not a "consumer or user" as defined in art. 3, paragraph 1, letter a) of the Consumer Code, the withdrawal regulations set forth in this article of the General Conditions shall not apply, nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to "consumers" (meaning B2C Users).
goods that are liable to deteriorate or expire rapidly;
sealed goods which are not suitable for return for hygiene or health protection reasons and have been opened after delivery.
Without prejudice to the provisions of the preceding paragraph, with reference to the cases of exclusion of the right of withdrawal listed above, the B2C Customer, in particular, is informed and accepts that among the Products that "are liable to deteriorate or expire rapidly" are included all food Products, as the characteristics and qualities of such types of Products are subject to alteration also as a consequence of improper storage.
Therefore, for hygiene and consumer protection reasons, the right of withdrawal is applicable only to Products purchased by B2C Customers that can be returned to the Company, intact in their respective seals, and put back on the market without danger to the health of consumers.
Furthermore, for any type of Customer/Buyer, the right of withdrawal is excluded for the supply of goods made to measure or clearly personalized.
EXERCISING THE RIGHT OF WITHDRAWAL
The B2C Customer will have the right to exercise the right of withdrawal, pursuant to art. 52 et seq. of the Consumer Code in relation to specific Products, other than those listed in the preceding paragraph, provided that these, after delivery, have not been opened or their seals altered.
In cases where the exercise of the right of withdrawal is permitted, the B2C Customer has the right to withdraw from the purchase contract with the Company for any reason, without the need to provide explanations and without any penalty.
To exercise the right of withdrawal, the B2C Customer must send the Company, within 8 days from the date of delivery of the Products subject to the purchase order, a written communication by e-mail via the contact form with the subject “Exercise of the right of withdrawal”, expressly declaring their intention to withdraw and providing the following additional information:
purchase order number and date;
date of delivery of the purchase order;
the name and address of the Buyer;
an email and telephone contact for the Buyer;
the code of the item or items for which the right of withdrawal is intended to be exercised.
The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, the right of withdrawal cannot be exercised only on part of the purchased Product.
Upon receipt of the communication exercising the right of withdrawal, the Company will provide the B2C Customer with instructions on how to return the Products, which must take place no later than 14 days from the date of communication of the exercise of the right of withdrawal to the Company.
In case of exercising the right of withdrawal, the B2C Customer will be refunded the full amount of the returned Products within 8 days from the day on which the Company was informed of the B2C Customer's decision to exercise the right of withdrawal, without prejudice to the Company's right to suspend the refund payment until the actual receipt of the Products. The Company will retain the shipping costs incurred for sending the order to the withdrawing Customer.
The refund will be made using the same payment method used by the B2C Customer.
RETURN
In case of exercise by the Customer of the right of withdrawal or in the case provided for in Article 8 of these General Conditions, the Customer must undertake to return the Products within 8 days from the date of exercising the right of withdrawal and must, consequently, entrust the Products to be returned to the courier.
The shipping costs associated with the return of the Products are borne by the Customer.
The Customer must ship the Product or Products to be returned, with a courier of their choice, to the headquarters at Via Casermette SNC, 06034 Colfiorito, Foligno Italia.
The Company will undertake to refund the price of the returned Product, as quickly as possible, and in any case within 8 working days from the date of receipt of the return at its headquarters, provided that the Products have been returned intact and unused, together with the original packaging/box and the guarantee seal, which must be intact.
If the Customer exercises the right of withdrawal in a manner that does not comply with the methods and terms of the withdrawal procedure referred to in these General Conditions, they will not be entitled to any refund.
The Company will check whether the returned Products are actually in their original condition; if the Products returned by the Customer are damaged, missing the guarantee seal, incomplete, deteriorated and/or dirty, they will not be refunded.
In particular, the Product must be returned:
correctly packaged in its original packaging, in perfect resale condition (not ruined, damaged or opened) and complete with all its possible accessories, instructions for use and documentation;
accompanied by the invoice so as to allow the Company to identify the Customer (Order number, name, surname and address);
without any manifest signs of use other than those compatible with carrying out a check of the order's contents.
The Company's right to request compensation for any damage or in the event of non-correspondence with the Products previously delivered to the Customer remains unaffected.
If the return of the Products for withdrawal is entrusted to a carrier other than the one indicated by the Company, the latter will not be responsible for the loss of Products, shipments to incorrect addresses or delays in the delivery of Products, it being understood that the Customer assumes all risks and costs of such shipment.
