Withdrawal (for the consumer )
If you make your purchases as a consumer (a person who buys goods for purposes not related to his professional activity ) under Articles . 64 et seq. of Legislative Decree 206 of 2005, you are entitled to withdraw from the purchase contract for any reason, without explanation and without penalty, within fifteen (15) days from receipt of the products purchased .
The European Court of Justice (Case C-511/08 ) , confirming the Directive 97/7 , which regulates the distance contracts ( on- line, by phone , etc ...) , the consumer recognizes the right of withdrawal, to be exercised within a specified period without penalty . The seller must reimburse the sums paid by the consumer; with what means everything that you have paid , including costs of receiving the goods. Also in case of withdrawal, the only costs to be borne by the consumer are those for RETURNING merchandise to the seller.
If the buyer chooses to pay via credit card or PayPal and subsequently requests a refund for any reason of the amount paid, this refund will not include the fees withheld by PayPal or the card payment manager (equal to a fixed amount of € 0.70 + a percentage of 3.4% of the total), but only the net of the transaction. In case of payment with American Express, Diners or other cards, the fees may be higher.
By way of an example: total paid € 500, in the event of a refund request this will be € 482.30, as from March 2020 Paypal does not reimburse the seller the PayPal fees (in the case in question € 17.70) but will instead retain both the fixed rate and the variable rate, see section Refunds on commercial transactions
( Judgment of the European Court of Justice , Section IV, 15/04/2010 , Case C-511/08 ) .
All costs and risks resulting from the operations of transport for the return of the products are the complete responsibility of the customer , except for permission for these to insure the shipment , supporting the costs involved.
How to exercise
To withdraw from the purchase you must notify us within this period , by registered letter ( or by telegram or mail to firstname.lastname@example.org at the addresses indicated ) to:
Marco Morvile , Via G. Toniolo 57 , 04022 Fondi (Lt) Italy .
Please note that in order for us to process your withdrawal request, you must tell the no. order of purchase, in the case of purchase of more products with the same order/s the good/s you wish to return .
Within the same period of fifteen (15) days of receipt , you must also send , at your expense, the products you wish to return to this address : Marco Morvile , Via G. Toniolo 57 , 04022 Fondi (Lt) Italy .
Conditions for the validity of the withdrawal
In addition to compliance with the terms and conditions as mentioned above, for the valid exercise of the right of withdrawal noted that:
• the goods must be returned intact , unused beyond the limits of what is necessary to establish the nature, characteristics and operation , complete with all its parts and in its original packaging (bags and boxes)
• The law applies to product purchased in its entirety; therefore it's not possible to exercite withdrawal only on parts of the product purchased (eg : accessories, software, attachments , etc.).
• in the case of sales/promotional offers that provide, for access to the promotion/offer a combined purchase of products, the right of withdrawal is exercised only by returning all the goods to be purchased in combination, given the constraint of the accessoriness of goods in sales over the first which they are associated .
• The law does not apply to sealed computer software ( including those attached to hardware ) once opened.
• The products must be returned intact and in original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables , etc ...)
• should be avoided in all cases the attachment of labels or tape directly on the original product packaging . Upon his arrival in stock , the product will be inspected for any damages not caused by transport .
After the examination of the product, if necessary (eg, package and/or the original packaging are damaged ), the "seller" will deduct from the refund due to a percentage , as a contribution to the costs of restoration.
Without prejudice to any repair costs for damage to the original , the "seller" will reimburse
the full amount paid for the purchase of goods inclusive of the cost of shipping both ways ) , within 10 days of the return of the property, by following the rest of the amount charged to you , according to the same means of payment for the purchase or , where it can not deriving it, the bank account indicated by you at the time of return.
In the case of revocation/invalidity of the right of withdrawal, the goods remain at your disposal for collection ( at your full load) at the headquarters of the "seller", which will give you communication.
in addition to cases of violation of the above conditions for the effective exercise of the right of withdrawal, the latter is always included on purchases of gift cards, and purchases the extended warranty unless, with respect to the latter hypothesis, the right to withdrawal can not be exercised on the asset to which the warranty as well as extended access . In which case, the restitution of the sums for the exercise of the right of withdrawal on the product purchased, will also cover the costs incurred for the extended warranty and bought the same combination .
For more information please see anyway to the terms and conditions of sale .