RIGHT OF WITHDRAWAL FOR THE CONSUMER
pursuant to and for the purposes of Articles 52 et seq. of the Consumer Code (Italian Legislative Decree 206/2005 and subsequent amendments), the Consumer (i.e. the natural person acting for purposes other than any business, trade, craft or professional activities that may be carried out) has the right to withdraw from the contract, without giving any reasons, within 14 (fourteen) days.
The decision to exercise the right to withdrawal must be notified by the Consumer within 14 (fourteen) days from receipt of the Product. In the case of separate delivery of several items ordered by the Consumer in one single order, the term of 14 (fourteen) days to exercise the right of withdrawal runs from the day on which the last Product was delivered.
Within the aforementioned term of 14 days, the Consumer must notify Equilibra s.r.l., via Plava, 74, Torino (postcode 10135) Italy ("Seller") of the wish to withdraw from the contract in one of the following ways:
a) by sending to the Seller the appropriate form, duly completed, in accordance with annex I part B of the Consumer Code click here (35,8kB) to download the form for exercising the right of withdrawal by email at firstname.lastname@example.org or by registered letter with acknowledgement of receipt to Equilibra s.r.l., via Plava, 74, Torino (postcode 10135), Italy, Attn. Customer Services,
b) by sending the Seller an email to: email@example.com, or by registered letter with acknowledgement of receipt to: Equilibra S.r.l., via Plava, 74, Torino, (postcode 10135), Italy, Attn. Customer Services, with any other explicit statement indicating the Consumer's intention to withdraw from the contract.
To comply with the terms of withdrawal, it is sufficient that the Consumer sends the corresponding notification regarding the right to withdraw before the withdrawal deadline comes to its end.
The Seller shall confirm to the Consumer without delay – via the email address provided by the latter at the time of registration or purchase of the Products – that the statement of withdrawal has been received, providing the instructions to arrange for return of the Product(s).
EFFECTS OF WITHDRAWAL
In the event of withdrawal, the Consumer will be refunded for all payments made for the purchase of the Products (including delivery costs), within 14 (fourteen) days of the date on which the Seller was notified of the decision of the Consumer to withdraw from the contract. Refunds may be delayed until the returned items are received or confirmation is received from the Consumer that the items have been dispatched, whichever is sooner.
The aforementioned refund will be issued using the same method of payment used by the Consumer at the time of purchase of the Product, except where the Consumer has expressly requested a different method by emailing firstname.lastname@example.org.
The only expense borne by the Consumer for exercising the right of withdrawal are the direct costs of returning the goods, as set out in Article 57, paragraph 1 of the Consumer Code.
Consumers are required to ship the goods to Equilibra, at the following address: Equilibra s.r.l., via Plava, 74, Torino (postcode 10135), Italy, Attn. Customer Service.
The shipment should be made without undue delay and in any case, within 14 days from the day on which the Consumer notifies the Seller of the withdrawal from the contract. The term is respected provided that the Consumer returns the goods within the 14-day period.
The Consumer is only liable for any reduction in value of the goods caused by handling of the items that is in excess of that necessary to examine their nature, characteristics and functioning.
The Products must in any case be stored, handled and inspected with normal diligence and returned complete with all their parts, accompanied by all accessories, information sheets, labels and tags.
In addition, the withdrawal applies to the Product in its entirety. Therefore, it may not be used in relation to parts and/or accessories of the Product, or for individual Products that are part of a kit, gift or similar pack that is sold as a unit to the Consumer.
If the Consumer exercises the right of withdrawal, he/she will be entitled to request from the Seller a voucher of equal value to the price paid for the Product to spend on items on the Website, instead of a refund of the price paid for the Product in question and the costs originally incurred for delivery. This right is granted to Consumers with a view to offering a benefit and does not in any way constitute a restriction on the right of withdrawal. In fact, in any event, the voucher shall be issued only following the explicit choice on the part of the Consumer to this effect, while in all other cases – including in the event that the Consumer does not make any choice – the Seller shall issue the refund in accordance with the law, as set out above.
CASES OF EXCLUSION OF THE RIGHT OF WITHDRAWAL
Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded in the following cases:
- Sealed Products that are not suitable for return for reasons of hygiene or linked to the protection of health and which have been opened after delivery.
The right of withdrawal applies to Customers that are Consumers and, therefore, the preceding paragraphs do not apply to contracts concluded with Business Customers (i.e. natural or legal persons acting in the exercise of their trade, business, craft or profession, or one of their intermediaries).