Who can activate the withdrawal and how?
The right of withdrawal is regulated pursuant to Legislative Decree 206/2005 if the customer-consumer (ie a natural person who purchases the goods for purposes not related to his professional activity, or who does not make the purchase by indicating in the order form a reference to a VAT number) is entitled to withdraw from the purchase agreement for any reason. To exercise this right, the customer must send to amazit.it a communication within 14 calendar days of the reception of goods.
In case of return the product / s must be sent to:
and it must have the PRODUCT CODE and the shipping invoice number. The only costs that you incur are the shipping fees to return the product and the outward shipments of the purchased product / s.
N.B .: Customers who purchase with VAT number can not exercise the right of withdrawal
The right of withdrawal is in any case subject to the following conditions (Article 67 of the Consumer Code): If the goods have been delivered, the consumer is obliged to return it or to make it available to the professional or the person he designated, according to the procedures and times provided for in the agreement. The deadline for the return of the goods can not however be less than ten working days from the date of reception of the goods. For the purposes of the deadline of the period the goods are deemed to be returned when they are delivered to the accepting post office or to the freight forwarder. In the case of agreements concerning the sale of goods, if the goods have been delivered, the substantial wholeness of the goods to be returned is an essential condition for exercising the right of withdrawal. It is however sufficient that the property is returned in normal status of preservation, as it has been stored and possibly employed diligently. The only expenses payable by the consumer for the exercise of the right of withdrawal pursuant to the provisions of this article are the direct costs of returning the goods to the sender, where expressly provided for in the agreement. If the right of withdrawal is exercised by the consumer in accordance with the provisions of this section, the professional is obliged to reimburse the sums paid by the consumer, including sums paid as a deposit. The refund must be free of charge, in the shortest possible time and in any case within 14 calendar days from the date on which the professional became aware of the exercise of the right of withdrawal by the consumer. The amounts are reimbursed under the terms if they are actually returned, shipped or credited not later than the expiration of the aforementioned time limit. In the event that the payment was made by means of bills of exchange, if these have not yet been submitted to the collection, they have to be returned. Any clause providing for limitations on the reimbursement to the consumer of the sums paid as a result of the exercise of the right of withdrawal is void. Where the price of a good or service, subject to an agreement as referred to in this title, is wholly or partially covered by a credit granted to the consumer, by the professional or third parties on the basis of an agreement between them and the professional, the credit agreement is deemed to be cancelled, without any penalty, in the event that the consumer exercises the right of withdrawal in accordance with the provisions referred to in this article. The professional is obliged to inform the third party granting credit of the exercise of the right of withdrawal by the consumer. Any sums paid by the third party who has granted the credit to pay for the good or service up to the moment he / she knows that the consumer has exercised the right of withdrawal, are reimbursed to the third party by the professional, without any penalty, except for the payment of accrued legal interests.
When does the right of withdrawal expire? (Article 55 of the Consumer Code)
The right of withdrawal provided for 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 domestic use for everyday consumption supplied to the consumer’s home, to his residence or to his place of work, by distributors who go around frequently and regularly.
– to contracts for the supply of services relating to accommodation, transport, catering and leisure, when at the time of conclusion of the agreement the professional undertakes to provide such services on a specific date or in a pre-established period.
Unless otherwise agreed between the parties, the consumer can not exercise the right of withdrawal provided for in articles 64 and following in the cases:
– of supply of servicesof which the execution has begun, with the consent of the consumer, before the expiry of the deadline provided for by article 64, paragraph 1.
– of supply of goods or services the price of which is linked to variations in the rates of the financial market that the trader is not able to control
– of supply of goods tailor-made or clearly personalised or which, by their nature, can not be returned or they are liable to deteriorate or to expire rapidly
– of supply of sealed audiovisual products or computer softwares, opened by the consumer
– of supply of newspapers, periodicals and magazines
– of betting and lottery services
For further information, you can consult the legal text available on the site of the Ministry of Economic Development.