Right of Withdrawal
Pursuant to Articles 52 et seq. of Legislative Decree No. 206/2005, if the Customer is a consumer (i.e., a natural person purchasing goods for purposes unrelated to their professional activity, or who does not make the purchase by indicating a VAT number on the order form), they have the right to withdraw from the purchase contract for any reason, without any penalty.
The products are covered by the legal warranty of conformity (lasting two years) pursuant to Articles 128 et seq. of the Consumer Code. Legislative Decree No. 170 of November 4, 2021, implementing EU Directive 2019/771, introduced a series of amendments to the Consumer Code, applicable to all sales contracts (including online) between a consumer and a seller concluded after January 1, 2022.
A significant change is the elimination of the obligation for the consumer to report defects within two months of discovery.
Regarding return timelines, Article 57 of the Consumer Code states that: unless the seller has offered to collect the goods themselves, the consumer returns the goods or delivers them to the seller or a third party authorized by the seller to receive the goods, without undue delay and in any case within fourteen days from the date on which they communicated to the seller their decision to withdraw from the contract.
All marketed products benefit from the legal warranty of conformity provided by Articles 128 et seq. of the Consumer Code, which covers any conformity defects of the purchased items existing at the time of delivery and which manifest within 2 years from delivery. Excluded from conformity defects and, therefore, from the legal warranty are any faults or damages caused by accidental events or the Customer's responsibility for using the products in a manner inconsistent with their intended use, or resulting from normal wear and tear.
The Customer may choose to request the seller to repair the product or replace it, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller.
The consumer has the right to a proportional price reduction or termination of the sales contract, as provided for in Article 135 bis, paragraph 4, of the Consumer Code, particularly if: the seller has not carried out the repair or replacement within the terms and conditions provided by the Consumer Code, or has refused to make the goods conform; if the conformity defect is so serious as to justify an immediate price reduction or contract termination; if a conformity defect manifests despite the seller's attempt to restore the conformity of the product; if the seller has declared (or it is clear from the circumstances) that they will not proceed to restore the conformity of the product within a reasonable period or without inconvenience.
The consumer does not have the right to terminate the contract if the conformity defect is only minor.
To benefit from this warranty, the customer must report the conformity defect by sending a communication to the seller indicating the defects and faults found.
Unless proven otherwise, it is presumed that any conformity defect that manifests within one year from the date of delivery already existed at that date, unless this assumption is incompatible with the nature of the product or the nature of the conformity defect.
In case of disputes with consumers, pursuant to Article 66-bis of Legislative Decree 206/2005 (Consumer Code), the territorial jurisdiction is irrevocably assigned to the Court of the consumer's residence (or domicile).
If the customer is a consumer based in Europe, they may use the platform established by the European Commission for the resolution of any disputes arising from the online contract concluded on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
The right of withdrawal is governed by Articles 52 et seq. of the Consumer Code;
- The consumer must be free to choose the method of communicating the withdrawal (any explicit declaration, registered letter, fax, email, online form, etc., is acceptable). Among the alternative methods of exercising the right of withdrawal, pursuant to Article 54 of the Consumer Code, attach a Standard Letter or Online Form as per Annex I, Part B, of the Consumer Code (see aicel.org website, login page "practical examples");
- The deadline for communicating the withdrawal is 14 days from the delivery of the goods.
To exercise this right, the Customer must send an EMAIL to "info@labiancheriaperlacasa.com " and inform us of the return request.
Upon receipt of the email, DITTA MASSA ELIO will contact and subsequently authorize the customer to ship the product subject to the right of withdrawal, which must arrive within 14 working days at our offices.
The address for return shipment is as follows:
DITTA MASSA ELIO
Via Torino 72
10077 San Maurizio Canavese (TO) telephone 011-9277642
The consumer is required to return the goods within 14 days from when they sent the withdrawal notice;
- Pursuant to Article 56 of the Consumer Code, the deadline for the seller's refund is 14 days from receipt of the withdrawal notice, and the refund may be withheld beyond 14 days only until the consumer proves they have returned the goods or until the goods are received by the seller; moreover, the cited provision specifies that the consumer must also be refunded any original shipping costs in addition to the price of the goods.
The only costs borne by the consumer are those for the return. - The consumer is responsible only for the decrease in the value of the goods resulting from handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Pursuant to Article 56 of the Consumer Code, the deadline for the seller's refund is 14 days from receipt of the withdrawal notice, and the refund may be withheld beyond 14 days only until the consumer proves they have returned the goods or until the goods are received by the seller; moreover, the cited provision specifies that the consumer must also be refunded any original shipping costs in addition to the price of the goods.
The right of withdrawal is subject to the following mandatory conditions:
The right applies to the product purchased in its entirety; it is not possible to exercise withdrawal on only part of the purchased product;
the purchased item must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories);
To limit damage to the original packaging, we recommend placing it in a second box, and in all cases, avoid applying labels or adhesive tapes directly to the original product packaging;
the item subject to the right of withdrawal must be returned in normal condition, having been stored and possibly used with normal diligence: therefore, used products showing signs of damage or dirt and which can no longer be considered intact will not be accepted; the shipping costs for returning the item are borne by the customer; the shipment, until proof of receipt in our warehouse, is entirely the customer's responsibility; in case of damage to the item during transport, DITTA MASSA ELIO will notify the Customer of the incident (within 5 working days of receiving the item in its warehouse), to allow them to promptly file a complaint with the courier they chose and obtain a refund of the item's value (if insured); in this case, the product will be made available to the Customer for return, simultaneously canceling the withdrawal request;
DITTA MASSA ELIO is in no way responsible for damage or theft/loss of goods returned with uninsured shipments;
Subject to any restoration costs for verified damage to the original packaging, DITTA MASSA ELIO will refund the customer the amount already paid for the product as soon as possible and in any case within 14 days from the date of receipt of the withdrawal notice, upon receipt of the returned goods, by reversing the amount charged to the Credit Card or by Bank Transfer.
In the latter case, it is the customer's responsibility to promptly provide the bank details for the refund (IBAN Code - Current Account of the invoice holder).
The right of withdrawal is completely forfeited for:
- lack of the essential condition of the item's integrity (packaging and/or its contents), in cases where DITTA MASSA ELIO verifies the absence of the external packaging and/or the original internal packaging;
- the absence of integral elements of the product or anomalies in the product itself;
- damage to the product due to causes other than its transport;
- a state of dirt on the product due to its use, which has compromised its integrity;
- evident state of use of the product (washing, ironing, etc.).
The costs and risks of transport for the return are entirely borne by the Customer.
The return of non-intact, deteriorated, or incomplete products (missing original accessories and components) will not be accepted by DITTA MASSA ELIO and will be returned to the sender at their expense.
LA BIANCHERIA PER LA CASA adheres to the ethical code of the Italian E-Commerce Association, available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel.
Transport Damage
DITTA MASSA ELIO is not responsible for damages resulting from transport not properly reported in the delivery note.
In case of visible external damage to the packaging, it is possible to reject the package by writing on the delivery note:
"REFUSED FOR VISIBLE DAMAGE," indicating the location of the dent/damage.
It is also possible to accept the package by writing on the delivery note:
"ACCEPTED WITH RESERVATION FOR VISIBLE DAMAGE," indicating the location of the dent/damage.
In addition, it is necessary to verify that the number of packages delivered corresponds to what is indicated on the invoice.