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RIGHT OF WITHDRAWAL

WHO CAN INITIATE WITHDRAWAL, AND HOW DO YOU GO ABOUT IT?

The right of withdrawal can be exercised in compliance with the law if the customer-consumer (whether they are an individual person who buys the product for non-commercial purposes, or they make the purchase without indicating a VAT registration number on the order form) wishes to withdraw from the purchase contract for any reason. To exercise this right, the customer must send a request in writing to Fantasia Calzature within 14 working days of the delivery of the product. It is sufficient to complete the form in the middle part of the ‘Make a return' section. Important: Customers who make a purchase with a VAT registration number cannot exercise the right of withdrawal. 

To be accepted, returns must meet the following conditions: 
- The product in addition to being new, it must not have been worn outdoors.
- The product must be returned in its original box, packed in turn so as to protect the goods.
- The product can be returned within 14 days of receipt of the order.

The first order is always free, in Italy.

 

WITHDRAWAL PROCEDURE

The right of withdrawal is subject to the following conditions (Article 67 of the Consumer Code):

 

  • If the product has already been delivered, the consumer must return it or hand it over to a competent tradesperson, according to the procedure and time limits outlined in the contract. The time limit for returning the product must be not less than ten working days starting from the date of receipt of the product. Regarding the return deadline, the merchandise is counted as having been returned at the moment of delivery to the mail or dispatch office.
  • For contracts regarding the sale of goods, in the case of the merchandise having been delivered, basic structural integrity of the product to be returned is an essential requirement if a customer is to exercise the right of withdrawal. This requirement will be satisfied if the product is returned in its normal condition, having been kept and/or used with due care.
  • The sole cost to the consumer for exercising the right of withdrawal, according to the article mentioned above, is that directly related to the return of the product to the sender, when this has been expressly indicated in the contract.
  • If the right of withdrawal is exercised by the consumer in conformity with the procedure set out in this section, the trader is obliged to fully reimburse the consumer, including deposit costs. This must be carried out free of charge, with minimum delay, within thirty days of the trader being informed of the customer's wish to exercise their right of withdrawal. Reimbursement of funds is considered legally fulfilled when these are returned, sent or credited in the appropriate currency to the customer's account, before the time limit mentioned above.
  • In the case of the payment having been made in exchange bills, if these have not yet been cashed, they should then be returned to the customer.
  • Any clause limiting the reimbursement to the consumer of money spent, resulting from their having exercised the right of withdrawal, is null and void.If the price of a good or service, subject to contract as mentioned above, is wholly or partially covered by a payment made to the consumer by the trader (or by a third party by way of an agreement between them and the trader), the credit contract is considered legally resolved with no penalty resulting – provided that the consumer exercises the right of withdrawal according to the procedure outlined in the article mentioned above. It is an obligatory duty of the trader to inform the third party making the payment about the consumer having exercised their right of withdrawal. Any funds paid out by the third party for the good or service, before becoming aware of the consumer having exercised their right of withdrawal, will be reimbursed to them by the trader, with no penalty resulting apart from payment of accrued legal costs.

 

WHEN IS THE RIGHT OF WITHDRAWAL FORFEITED? (ARTICLE 55 OF THE CONSUMER CODE)

The right of withdrawal outlined in Article 64 and subsequent articles, as well as in Articles 52 and 53 and Subsection 1 of Article 54 does not apply:

 

  • To contracts relating to the supply of food products, drinks or other goods for everyday domestic consumption to the home of the consumer, or to their residence or workplace, by distributors who make regular rounds;
  • To contracts relating to the provision of accommodation, transport, catering and leisure services, when at close of contract the trader undertakes to provide these services on a specified date or within a predetermined period.

Unless agreed otherwise between the two parties, the consumer cannot exercise the right to withdrawal outlined in Article 64 and subsequent articles in the following cases:

 

  • The provision of services is initiated, with the consumer's agreement, before the time limit stated in Article 64, Subsection1;
  • The supply of goods or services whose price is linked to fluctuations in financial market rates that are beyond the control of the trader;
  • The supply of tailored or bespoke goods, or goods with characteristics that mean they cannot be sent back without risk of rapid deterioration or change;
  • The supply of audiovisual products or computer software in sealed packaging, which has been opened by the consumer;
  • The supply of newspapers, periodicals or magazines;
  • Betting or lottery services.

Refer to the legal text available from the Ministry of Economic Development (Ministero dello Sviluppo Economico) for further information. (link)

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