Returns

RIGHT OF WITHDRAWAL
TEN DAYS TO CHANGE YOUR MIND

What is it
The right of withdrawal consists in the possibility granted to the consumer, to decide unilaterally to terminate the contractual relationship with the seller, returning the purchased goods (or revoking the order made), and thereby obtain the return of the price paid.

How does it work
The right of withdrawal is regulated by UE law if the client-consumer (ie a person who buys goods for purposes not related to his professional activity, or does not indicate the purchase order form a reference to VAT) is entitled to withdraw from the purchase contract for any reason. The right of withdrawal may be exercised only with respect to contracts for the sale of goods and services, concluded at a distance or away from business premises, between consumer and a professional seller. In the case of in-store sales or other business premises of the seller, there is no right of withdrawal, if not at the discretion of the seller.
The consumer may withdraw, without giving any justification and without penalty, sending the seller a written notice by registered mail within 10 working days from the date of conclusion of the contract (for services) or delivery of the goods (assets). In the event that the consumer has not been informed of the right of withdrawal, the term becomes 2 months for contracts away from business premises and 3 months for distance contracts. In the event that, at the time of withdrawal, the delivery of the goods has already been made, the consumer is required to return it to the seller, in accordance with the terms of the contract. The costs for the return of goods affect the consumer, unless otherwise provided. The deadline for returning may in no case be less than 10 working days. The seller must refund the price paid by the consumer within 30 days of receipt of notice of cancellation.

To exercise this right, the customer must fill out the downloadable form by clicking here.

Note: professional customers who purchase with VAT number can not exercise the right of withdrawal.

Procedures for withdrawal
The right of withdrawal is subject to the following conditions (Article 67 of the Italian Consumer Code):

• If goods have been delivered, the consumer is required to return the goods or make them available to the seller, in the manner and time required by the General Conditions of Contract. We invite you to read the article 13.
• The deadline for returning the goods can not be less than ten working days from the date of receipt of the goods. Upon expiry of the term the goods are returned when they are delivered to the post office or courier.
• For contracts for the sale of goods, if there has been delivering the goods, the substantial integrity of the property to be returned is an essential condition for the exercise of the right of withdrawal. However, it is sufficient that the goods are returned in normal condition, as it has been kept and used with the use of reasonable diligence.
• The only charges payable by the consumer for exercising the right of withdrawal, in accordance with this article, is the direct cost of returning the goods to the sender, as expressly provided in the contract.
• If the right of withdrawal is exercised by the consumer pursuant to the provisions of this section, the trader is obliged to reimburse the sums paid by the consumer, including sums paid by way of deposit. The reimbursement must be free, in the shortest time possible and in any event within thirty days from the date on which the trader is aware of the exercise of the right of withdrawal by the consumer. The sums are refunded if they are actually returned, sent or credited with not later than the expiration of the deadline specified above.
• In the event that the payment was made by means of bills of exchange, the latter have not yet been presented, there must be at their return. You void any clause which limits reimbursement to the consumer of the amounts paid as a result of exercising the right of withdrawal.

When claim of withdrawal (Article 55 of the Italian Consumer Code)
The right of withdrawal provided for in Articles 64 and following, 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 intended for everyday consumption supplied to the consumer's home, to her place of residence or to his workplace by distributors who carry out frequent and regular rounds;
• Contracts for the supply of services relating to accommodation, transport, catering or leisure services, when at the conclusion of the contract the trader undertakes to provide these services on a specific date or within a specific period.

Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for in Articles 64 and in the following cases:

• the provision of services if performance has begun, with the consumer's agreement, before the expiry of the period laid down in Article 64, paragraph 1;
• the supply of goods or services whose price is dependent on fluctuations in the financial market that the professional is not able to control;
• the supply of goods made to specifications or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly;
• the supply of audio or computer software which were unsealed by the consumer;
• the supply of newspapers, periodicals and magazines;
• for gaming and lotteries.

For more information, please refer to the text of the law is available on the EU Directive on consumer rights.

The translation of this page to languages other than Italian are made only for the convenience of the client. In the case of controversial interpretation only the Italian text is valid.

Copyright © 2019 CREMONA TOOLS