A. Cases of exclusion of the right of withdrawal
Pursuant to Art. 59(1)(d) and (e) of Lgs. Decree no. 206 of 6 September 2005, (Consumer Code) (the ‘Consumer Code’), the right of withdrawal is excluded in relation to:
a) goods purchased by a B2C buyer who does not hold the status of ‘consumer’ within the meaning of Article 3(1)(a) of the Consumer Code and/or who requires an invoice;
(b) goods in danger of deteriorating or expiring rapidly;
(c) sealed goods that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery.
Without prejudice to what is provided for in the previous paragraph (Claims), with reference to the cases of exclusion of the right of withdrawal listed above, the B2C buyer, in particular, is informed and accepts that the products that “risk deteriorating or expiring rapidly” include all food products, since the characteristics and qualities of these types of products are subject to alteration also as a consequence of inappropriate storage. Therefore, for reasons of hygiene and the protection of users, the right of withdrawal only applies to products purchased via the B2C Platform that can be returned to the Seller, undamaged, in their sealed container, and returned to the market without endangering the health of consumers.
B. Exercising the right of withdrawal
The B2C buyer shall be entitled 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 paragraph (a) above, provided that, after delivery, said products have not been opened or their seals altered.
Where exercising of the right of withdrawal is permitted, the B2C buyer has the right to withdraw from the purchase contract with the seller for any reason whatsoever, without explanation and without penalty.
In order to exercise the right of withdrawal, within the term of 14 days from the date of delivery of the products purchased, the B2C buyer shall send a written communication by e-mail to the company at the following e-mail address, email@example.com with the subject “Exercising the right of withdrawal”, expressly stating their wish to withdraw and providing the following additional information
i. purchase order number and date;
ii. date of delivery of the purchase order;
iii. the name and address of the B2C buyer;
iv. the provision of an email and telephone number for the B2C buyer;
v. code of the item or items for which the right of withdrawal is to be exercised.
The right of withdrawal applies to the purchased product in its entirety; therefore, if the product consists of several components or parts, the right of withdrawal cannot be exercised on only part of the purchased product.
Upon receipt of the notice of exercising the right of withdrawal, the Company shall open a file for managing the return and notify the seller of the successful exercising of this right. The latter will then promptly arrange for the withdrawal of the products at their own expense, entrusting a courier or, where agreed upon with the Company, one of the Shipping Partners. The Company shall then provide the B2C buyer with instructions on how to return the products provided by the Seller, which must take place by and no later than the term of 14 days from the date of the communication of exercising the right of withdrawal to the Company.
In the event that the right of withdrawal is exercised, the B2C buyer shall be refunded the full amount of the returned products within a period of 14 days from the day on which the company was informed of the B2C buyer’s decision to exercise the right of withdrawal, without prejudice to the company’s right to suspend payment of the refund until actual receipt of the products.
Refunds will be made using the same payment method used by the B2C buyer