1. Unjustified Withdrawal of a Consumer (article 3e law 2251/1994, in combination with JM Z1-891 / 2013) -The special right of the consumer for unjustified withdrawal
- 1.1.Especially in the case that the user / customer is a natural person (ie not a legal entity, even non-profit) who buys products remotely from the online store of the COMPANY exclusively for his private use and not in the context of his professional activity (in hereinafter referred to as “the consumer”) is entitled to withdraw unreasonably from the distance purchase of a product within an exclusive period of fourteen (14) calendar days from the date of delivery of physical possession of the product to him or his authorized representative, returning the product to its original condition. . The withdrawal of the consumer is unjustified, without the consumer being obliged to rely on reasons justifying the withdrawal, as well as without the financial burden of the consumer, with the exception of the charge for the cost of returning the product and any reduction in the value of the product. cases mentioned below.
- 1.2. Manner of exercise and deadline: The unjustified withdrawal of the consumer from the distance sale is carried out in any convenient way and means chosen by him, who nevertheless bears the burden of proof of timely exercise (within the exclusive period of 14 calendar days) from the acquisition of physical possession of the product as above). The online store of the COMPANY, for the convenience of the users / consumers, proposes the following alternative ways of exercising their right of unjustified withdrawal:
– (a) by e-mail to the COMPANY e-mail address email@example.com (withdrawal form), or
– (b) by phone to the telephone number 25210 32519 of the COMPANY.
Upon receipt by the COMPANY of the consumer’s declaration for the exercise of the right of unjustified withdrawal, the COMPANY will send to the consumer a written confirmation of receipt of the exercised right of withdrawal. It is pointed out that for the calculation of the above fourteen-day deadline for timely exercise of the right of unjustified withdrawal of the consumer, only the time of submission of the declaration of withdrawal is taken into account, regardless of the time of receipt by the COMPANY.
- 1.3. Exercise results and obligations from both sides: After the exercise of the right of unjustified withdrawal, and within a period of fourteen (14) calendar days from the date of exercise of the right of withdrawal, the consumer must return the purchased product, charged. Returns can be made to the postal address indicated on the receipt or purchase invoice.
It is pointed out that the risk of loss, loss / damage or destruction of the product remains with the consumer until the receipt of the product by the COMPANY. In case of return of the product through the external partner-carrier of the COMPANY, the COMPANY is considered to have received the product upon receipt by its external partner-carrier, in which case the risk of transport belongs to the COMPANY.
- 1.4. The COMPANY must, within a period of fourteen (14) calendar days, from the date it became aware of the valid exercise of the right of withdrawal by the consumer, return in full the full purchase price of the product with the same means of payment used by the consumer for the payment of the price (unless the consumer agrees otherwise). However, the COMPANY is entitled to withhold the price until the receipt of the products or until the consumer sends proof that he has delivered the products for return.
- 1.5. Impairment of the returned product due to improper use by the consumer: THE COMPANY is not obliged to return to the consumer part or all of the price of the returned product after unjustified withdrawal, if there is an impairment of the value of the product due to the use of the product due consumer in an inappropriate way, ie in a way that evades the normal examination of the product to determine its nature, characteristics and function, as it would take place in a physical store. In this case the consumer is responsible for the impairment of the product due to improper use. THE COMPANY expressly reserves the right to inspect the returned product upon receipt and to withhold part or all of the price depending on its impaired value at the responsibility of the consumer due to improper use.
- 1.6. Exceptions to the application of the consumer’s right of unjustified withdrawal: Exceptionally, the consumer’s right of unjustified withdrawal from the distance selling contract shall not apply, and the consumer may not return the purchased product without compensation, in the following cases:
a) In the case of products made specifically for the consumer, with specific specifications or requirements of the consumer or in general customized products for the consumer (custommade products). It is pointed out that in this category are included the electronic devices that are personalized by the consumer himself after their receipt with registration, such as e.g. registration of a smartphone type device etc.
b) In cases where the products have been used, as their use clearly falls outside the scope of the usual examination of the product to determine its nature, characteristics and function, as it would take place in a physical store, making the product second-hand . Indicatively, the use of an electrical appliance is the installation (eg air conditioners), the commissioning (eg refrigerators, washing machines / dishwashers), the registration of the product (eg smartphones), the installation components (eg inks, toners, etc.) on the product, etc.
c) In the case of audio or video media or software materials that have been unsealed from their packaging.
d) In cases of products that are not suitable for return as soon as they are unsealed for health or hygiene reasons (eg shavers / epilators, electric toothbrushes, kitchen utensils, etc.).
e) In cases of service provision, after the full provision of the service.
In all the above cases, as in any case, the consumer retains in full his general right to withdraw from the contract of sale and return of the product due to legal or factual defects or lack of agreed properties that he finds after receipt and use of, according to the general provisions of articles 540 et seq. of the Civil Code, article 5 of n. 2251/1994 and the other provisions of protection of the consumer and the buyer in general.