RIGHT OF WITHDRAWAL AND ITS EXCLUSIONS
Pursuant to art. 64 of Legislative Decree 206/2005, the Customer, who for any reason is not satisfied with the purchase, has the right to withdraw from the stipulated contract, without specifying the reason, within 14 days of receipt of the product.
In order to exercise the right to withdraw, the client shall send a written communication at the following address email@example.com containing:
- the agreement declation of making use of the right of withdrawal according to the art.64 of Consumer Code;
- the indication of products for which the clients wants to make use of the right of withdrawal;
- the order number issued at the time of purchase.
The right of withdrawal is exercised by the physical people who act for purposes not directly related to the work possibly carried out. Therefore, sellers and companies are excluded from such right.
The right of withdrawal is understood to be correctly exercised if the specifications described in the previous paragraph as well as the following conditions are fully respected:
- Products are intact and not damaged;
- Products have never been used
- Products have been replaced in their original packaging and this latter one should be intact.
The right of withdrawal is applied to Products which have been puchased in their entirety. It’s not possible to exercise the right of withdrawal just on one part of the Product. The return costs will be at the charge of the Client who will choose the modalities and the courier service at his/her complete discretion.
The Products should be returned to the following address; IRC WILLIAM DI CARLO SRL, Viale del Lavoro 15/17, 67039 Sulmona (AQ). The refund of the amount paid or the possible substitution of te Products will ocurr within 30 days from the arrival of the goods returned, once it has been ascertained the state of preservation.
The refund includes the transport charge, both the ones incurred for the previous shipping of goods and the second ones for the successive return.
In case the client decides to exercise the right of withdrawal, in accordance with the terms indicated, the I.R.C. William Di Carlo Srl will provide to refund without any delay and in any case not later than 14 days from the reception of the withdrawal declaration. The refund could be withheld exceeding 14 days as long as the Client proves that the goods have been sent or the same have not been received, it depends on which situation ocurrs first.
Exceptions from the right of withdrawal
The Client cannot exercise this same right in the following cases provided by art. 59 d) e) of Consumer Code:
- for products “custom-made” packaged or upon specific request of the client or, for products that cannot be sent by their very nature;
- for fresh food products or products that are have a brief storage lige
- for products that have been substituted opened, rigged, broken or not intacts due to the negligence of the client.
With particular regard to exclusion cases of withdrawal above mentioned the Client, especially, has been informed and accept that among the Products that “are subject to deterioration or have a brief storage life” are part all those food products (included wines, alcohol and beverags) having characteristics and qualities subject to modification, as a consequence of an inappropriate preservation. Therefore, for sanitary reasons and to safeguard the Client, the right of withdrawal shall apply exclusively to products purchased on the Website that can be returned and put again on sale without any damage for the consumers’ health.
In cases of exclusion of the right of withdrawal is not applicable, the I.R.C. William Di Carlo Srl will provide to return the purchased products to the Client, by charging the shipping costs to the same.
We talk about “return” when the I.R.C. William Di Carlo Srl confers the Client the right to return the good when ocurr conditions with are different to those taken into consideration from the rules of the Consumer Code about the right of withdrawal.
Here you find some examples of differet or possible situations compared to the ones considered within the Consumer Code:
- the product is part of the ones that are excluded a priori from the right of withdrawal (such as, custom-made products);
- the consumer decides to return the products later than 14 days;
- the returned products has been damages or clearly used and, for sanitary and safety reasons, cannot be put on sale again.
The right of wthdrawal is not ruled by a specific law; its content change each time based on the powers that I.R.C. William Di Carlo wants to attribute to Clients who want to return the product.
In order to define the above mentioned content and its implementation procedures the Client shall send a written communication to the following address firstname.lastname@example.org indicating:
- the motivation/s for which the Client requests for a return;
- the indication of the products for which the Clients wants to require for the return;
- the order number issued at the time of purchase.