1. Right of withdrawal and exclusions – Disclosure
1.1. Pursuant to Article 59 of Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014, the right of withdrawal is excluded in the following cases:
– order of custom-made or clearly customized Products; – order of Products that are likely to deteriorate or expire quickly; – order of sealed Products that are not suitable to be returned for hygienic or health protection-related reasons or that have been opened after delivery; – no replacement or refund of damaged or used products, even in part.
1.2 With reference to the cases of exclusion of withdrawal listed above, CUSTOMER, in particular, is informed and accepts that PRODUCTS that are “likely to deteriorate or expire rapidly” include those PRODUCTS of a food nature whose characteristics and quality are subject to alteration, including as a result of inappropriate storage by CUSTOMER.
1.3. Without prejudice to the cases indicated in Articles 1.1 and 1.2. above, the CUSTOMER has a period of fourteen days to withdraw from the purchase agreement of the PRODUCT without having to provide any reasons and without incurring any costs other than those provided in paragraphs 1.6, 1.7 and 1.8. below.
1.4. The aforementioned withdrawal period of fourteen days shall commence: (a) in the case of an order relating to a single PRODUCT, from the day on which the CUSTOMER or a third party, other than the carrier and designated by the CUSTOMER, acquires physical possession of the PRODUCT; or (b) in the case of the purchase of multiple PRODUCTS ordered by the CUSTOMER through a single order and delivered separately, from the day on which the CUSTOMER or a third party, other than the carrier and designated by the CUSTOMER, acquires physical possession of the last PRODUCT; or c) in the case of an order for the delivery of a PRODUCT consisting of multiple lots or pieces, from the day on which the CUSTOMER or a third party, other than the carrier and designated by the CUSTOMER, acquires physical possession of the last lot or piece.
1.5. In order to exercise the right of withdrawal, the CUSTOMER must inform the SELLER, prior to the expiry of the period referred to in paragraph 1.3. above, of its decision, by means of any explicit statement. In order to facilitate the timely handling of the CUSTOMER’s request, the CUSTOMER is invited to inform the SELLER of its decision by sending to the SELLER an explicit statement of withdrawal from the contract of sale, containing the following information: a) CUSTOMER’s first and last name; b) address; c)reference to the purchase order number; d) the will to withdraw from the purchase; e) description of the returned good and the amount paid therefor, by registered letter with return receipt. Such notice may also be sent, within the same period, to the email address (email@example.com), provided that it is confirmed by registered A/R within the next 48 hours.
1.6. CUSTOMER who has exercised the right of withdrawal pursuant to this Article 12, must provide to return the purchased PRODUCT(s) to SELLER, using a carrier of its choice and at its sole expense, without undue delay and in any event within the term of 14 calendar days from the date on which it has notified SELLER of its decision to withdraw. The Product subject to withdrawal, properly protected and packaged, must be shipped to the following address: Selektia Italia Srl, Via V. Niccoli, n.316 Q, 50051, Castelfiorentino (FI). The direct costs of returning the PRODUCTS subject to withdrawal to the SELLER shall be borne exclusively by the CUSTOMER.
1.7. If the right of withdrawal is exercised, the SELLER shall refund all payments received from the CUSTOMER, including the costs of delivery of the PRODUCTS, without undue delay and, in any event, no later than 14 days after the exercise of the right of withdrawal. The SELLER, as provided for in Article 56, paragraph 2, of the Consumer Code, shall not be obliged to refund additional costs if the CUSTOMER has expressly chosen a type of delivery other than the least expensive type of delivery offered by the SELLER. Said refunds shall be made using the same means of payment used by the CUSTOMER for the initial transaction, unless the CUSTOMER requests reimbursement on a different means of payment, in which case any additional costs arising from the different means of payment shall be borne by the CUSTOMER. the SELLER shall be entitled to suspend the reimbursement of the aforementioned amounts until receipt of the PRODUCTS subject to withdrawal or until the CUSTOMER has demonstrated that it has returned the PRODUCTS themselves, whichever is earlier.
1.8. The SELLER specifies that the right of withdrawal cannot be exercised for PRODUCTS with damages, scratches, nicks, abrasions, either of the container or the labels. In particular, if damage is found that does not allow the product to be put back on sale, the product will not be refunded.