WHO CAN AND HOW TO ACTIVATE WITHDRAWAL
The right of withdrawal for distance contracts, i.e. negotiated away from business premises, is regulated by law for the customer (i.e. a natural person who purchases goods for purposes not related to his or her professional activity, i.e. does not make the purchase by indicating a VAT number on the order form) who has the right to withdraw from the purchase contract for any reason within 14 days of receipt of the goods.
To exercise this right, the customer must send a written communication to the Certified Mail address: [email protected] or, (the date of the postmark will be taken as proof) by registered letter with return receipt stating that he/she wishes to avail him/herself of the right of withdrawal to :
CUSTOMER SERVICE
Siqur Salute srl
Via Padova 69/D
35010 Vigonza (PD)
The customer shall subsequently return the goods by courier to the same address.
The cost of returning the goods shall be borne by the customer.
Please note: Customers who purchase with VAT number cannot exercise the right of withdrawal.
MODALITIES OF WITHDRAWAL
The right of withdrawal is subject to the following conditions (Article 67 of the Consumer Code):
If the goods have been delivered, the consumer shall return them or place them at the disposal of the trader or the person designated by the latter, in accordance with the terms and time limits provided for in the contract. The deadline for returning the goods may in no case be less than ten working days from the date of receipt of the goods. For the purposes of the time limit, the goods shall be deemed to be returned at the time they are handed over to the forwarding agent.
For contracts concerning the sale of goods, if the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for the exercise of the right of withdrawal. The customer shall only be liable for any decrease in the value of the goods resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning. If the returned goods show aspects of its use and can therefore not be returned as new, but as second-hand, the refund of the sum paid shall be reduced by a minimum of 20% or more in relation to the resulting state of integrity.
The only costs payable by the consumer for exercising the right of withdrawal under this article are the direct costs of returning the goods to the sender.
If the right of withdrawal is exercised by the consumer in accordance with the provisions of this Section, the trader shall be liable to reimburse the sums paid by the consumer, including any sums consumer, including sums paid as a deposit. The reimbursement shall be made free of charge, as quickly as possible and in any event within thirty days from the date on which the trader became aware of of the exercise of the right of withdrawal by the consumer. The sums shall be deemed reimbursed within the time limit if they are actually returned, sent or credited with a value date not later than the expiry of the time limit previously indicated.
In the event that payment has been made by means of bills of exchange, if these have not yet been presented for collection, they shall be return them. Any clause providing for limitations on the reimbursement to the consumer of sums paid as a consequence of the exercise of the right of withdrawal shall be null and void.
WHEN THE RIGHT OF WITHDRAWAL LAPSES (ARTICLE 55 OF THE CONSUMER CODE)
The right of withdrawal provided for in Articles 64 et seq. as well as Articles 52 and 53 and paragraph 1 of Article 54 shall not apply:
to contracts for the supply of foodstuffs, beverages or other goods for current household use supplied to the consumer's home, place of residence or by distributors making frequent and regular rounds;
Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for in Articles 64 et seq. in cases:
- of supply of services whose performance has begun, with the consumer's agreement, before the expiry of the term provided for in Article 64, paragraph 1;
- the supply of goods or services whose price is linked to fluctuations in financial market rates that the trader is not in a position to control;
- the supply of goods made made-to-measure or clearly customised or which, by their nature nature, cannot be returned or are liable to deteriorate or alter rapidly;
- the supply of audiovisual products or sealed computer software, unsealed by the consumer;
- the supply of newspapers, periodicals and magazines; contracts under which the consideration to be paid by the consumer does not exceed €50
For more information, please consult the text of the law available on the website of the Ministry of Economic Development and Decree-Law No. 21 of 21.02.2014.
http://www.sviluppoeconomico.gov.it/images/stories/normativa/codice_consumo_giu2011.pdf
http://www.leggioggi.it/wp-content/uploads/2014/06/DecretoLegislativo212014.pdf