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Right of withdrawal

WHO CAN AND HOW TO ACTIVATE THE WITHDRAWAL

The right of withdrawal is regulated by law if the customer-consumer (meaning a person who buys goods for purposes not related to his professional activity, or performs a purchase without indicating a VAT number in the order placed ) has the right to terminate the purchase contract for any reason. In order to exercise this right, the customer must send a communication to Farinacci Shoes within 14 days with effect from the date of delivery of the goods.
In order to obtain it is sufficient to fill in the form found in the section 'After Sales Service'.
Please note: People who buy with a VAT number can not exercise the right of withdrawal. In case of return, the package will have to be intact.

HOW TO WITHDRAW

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


  • If goods have been delivered, the consumer is obliged to return them or make them available to the professional or the person designated by him, according to the procedures and times determined by the contract. The deadline for returning the goods can not be less than ten working days from the date of receipt of the goods. Upon expiry of the term the goods are considered returned when they are delivered to the post office or to the shipping agent.
  • For contracts for the sale of the goods, where there has been deliveriy of the goods, the integrity of the good to be returned is an essential condition for exercising the right of withdrawal. However, it is sufficient that the goods are returned in normal condition, as it was kept and used with the use of reasonable diligence.
  • The only costs payable by the consumer for exercising the right of withdrawal pursuant to this article is the direct cost of returning the goods to the sender, where expressly specified in the contract.
  • If the right of withdrawal is exercised by the consumer in accordance to the provisions of this section, the professional is obliged to reimburse the amounts paid by the consumer, including the amounts paid as a deposit. Refund must be made free of charge, as soon as possible and in any case within thirty days from the date on which the trader was aware of the exercise of the right of withdrawal by the consumer. The amounts are considered refunded if they are effectively returned, sent or credited by no later than the expiry of the deadline specified above.
  • In the event that the payment was made by means of promissory notes, in case they have not yet been presented, they must be returned. It is considered not valid, any clause that limits refunds to the consumer of the amount paid as a result of exercising the right of withdrawal.
  • If the price of a good or a service, subject to a contract under this Title is fully or partly covered by credit granted to the consumer, by the professional or third parties under an agreement between them and the professional, credit agreement is considered settled by law, without any penalty, if the consumer exercises his right of withdrawal in accordance with the provisions of this article. It is the obligation of the professional to communicate to third parties granting the credit, exercise of the right of withdrawal by the consumer. Any amounts paid by the third party granting the credit for payment of goods or services until such time he is aware of the exercised of the right of withdrawal by the consumer shall be refunded to the third by the professional, without any penalty, except the payment of statutory interest accrued.
WHEN THE RIGHT OF WITHDRAWAL DECAYS (ARTICLE 55 OF THE CONSUMER CODE)

The right of withdrawal described in Articles 64 and following, as well as Articles 52 and 53 and paragraph 1 of Article 54 does not apply:


  • To Contracts for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the consumer's home, at his place of residence or to his workplace by distributors who make frequent and regular rounds
  • To Contracts for the supply of services relating to accommodation, transport, catering, leisure, when at the conclusion of the contract the professional undertakes to provide these services on a specific date or within a specific period.

Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal described in Articles 64 and following cases:


  • Supply of services if performance has begun, with the consumer's agreement, before the end of the period provided for in Article 64, paragraph 1
  • The supply of goods or services which price is dependent on fluctuations in the financial market that the professional is not able to control
  • The supply of goods made to specifications or clearly customized or which by their nature can not be returned or are liable to deteriorate or expire rapidly
  • Supply of audiovisual products or computer software which were unsealed by the consumer
  • The supply of newspapers, and magazines
  • For betting and lotteries.

For more information it is possible to refer to the legal text available on the Ministry of Economic Development