Right of withdrawal
1. The Buyer, in compliance with Legislative Decree no. 206/2005 (so-called Consumer Code), if the Buyer is a Consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase indicating a VAT number reference), he has right to withdraw from the purchase contract, without any penalty and without specifying the reason and without prejudice to what is indicated subsequently, within the peremptory deadline of 14 working days from the date of receipt of the Product. The only costs borne by the Customer for exercising the right of withdrawal are the direct costs of returning the Product to the Supplier.
2. The right of withdrawal is exercised by sending, within the deadlines set out in point 15.1, a written communication, by registered letter with return receipt, addressed to the following address: I Saraceni di Cipullo Antonietta – C. da Quartarella, 51 - 86012 – Cercemaggiore (CB).
3. The parties expressly agree that the indication of a VAT number in the purchase order qualifies the Customer as a "Professional", for which the right of withdrawal is excluded.
< br data-mce-fragment="1">4. Simultaneously with the exercise of the right of withdrawal, the Buyer must return, without undue delay and, in any case, within 10 days from the date of communication to the Supplier of the withdrawal, the product to the Supplier, at his own expense and under his own responsibility. For the purposes of the expiration of the term, the goods are considered returned when they are delivered to the accepting post office or shipping company.
5. The Buyer must return the product, intact in all its parts, to the address indicated at the registered office. In particular, the return is subject to the following requirements:
a) the right of withdrawal applies to the product purchased in its entirety. It is not possible to exercise the right of withdrawal on only part of the products. In the event of an offer consisting of the combination of multiple products, the Buyer must return the entire package;
b) the purchased product must be returned intact in all its parts and placed in the original packaging, as these are sealed products which, for hygienic and/or health protection reasons, are not suitable to be opened and/or used after their delivery; c) it is expressly provided, on the basis of the provisions of Legislative Decree 206/2005, that the return costs are borne by the Buyer; the shipment, until receipt is certified, is under the total responsibility of the Buyer; in the event of damage to the goods during transport, the Supplier will notify the Buyer of the incident to allow him to promptly file a complaint against the Courier; in this case, the product will be made available to the Buyer, canceling the withdrawal request;
d) the Supplier is not liable in any way for damage or theft/loss of goods returned by uninsured shipments; e) upon arrival in the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the returned items show damage or signs of wear resulting from handling that is not necessary to establish their nature and characteristics, the Supplier may withhold from the refund an amount corresponding to their decrease in value;
f) the right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the product (packaging and/or its contents), in cases where the Supplier ascertains: the lack of the external packaging and/or the original packaging ; the absence of integral elements of the product; damage to the product for reasons other than its transport; g) in the event of forfeiture of the right of withdrawal, the Supplier will return the purchased product to the sender, with shipping paid by the Buyer; h) the Buyer totally loses the right of withdrawal for lack of the essential condition of integrity of the Product (packaging and/or its contents), in cases where the Supplier ascertains:
– the non-diligent use, according to the diligence of the good father of the family, of the Product which has compromised its integrity or the use of any consumables; – use of the Product in such a way as to make it impossible to restore it to the conditions existing before the sale;
– the lack of the external packaging and/or the original internal packaging; i) the absence of integral elements of the Product; l) damage to the Product for reasons other than its transport. m) in the event of forfeiture of the right of withdrawal, the goods will remain at the Supplier's premises, available to the Buyer for collection at his expense and expense.
6. If the above requirements are met, the Supplier will reimburse the Buyer the price of the item for which the right of withdrawal was exercised, as quickly as possible and in any case within 14 days of receiving the withdrawal notice from the Purchaser and, in any case, after verifying the substantial integrity of the returned product.
7. The only costs payable by the Buyer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier.
8. Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their respective obligations deriving from the purchase order, without prejudice to the provisions of the previous points of this article.