RIGHT OF WITHDRAWAL
WHO CAN AND HOW TO ACTIVATE THE WITHDRAWAL
The right of withdrawal is governed by law if the customer-consumer (ie a natural person who buys the goods for purposes not related to his professional activity, or does not make the purchase indicating a VAT reference in the order form ) has the right to withdraw from the purchase contract for any reason. To exercise this right the customer must send Buy Mood a notice within 14 working days from the date of delivery of the goods.
To take advantage of the right of withdrawal, simply fill out the withdrawal form, attaching some photos (in the case of footwear also from the fund) showing the integrity of the item purchased and from to return, or by sending an e-mail with the requested material to customer email@example.com
Customers who purchase with VAT number cannot exercise the right of withdrawal. In case of return, under penalty of acceptance, the package must be intact.
In the event of a return with a refund request, the sum returned will be net of shipping costs where the order was charged to the customer.
Returns will not be accepted where the products will be returned without the original boxes. Should items be shipped to Buy Mood without the original packaging, the right of withdrawal automatically expires, the customer will not be replaced nor will the shoes be returned.
The right of withdrawal is subject to the following conditions (Article 67 of the Consumer Code):
If the delivery of the goods has taken place, the consumer is required to return it or to make it available to the professional or the person designated by him, according to the terms and conditions set forth in the contract. The deadline for returning the goods cannot in any case be less than ten working days from the date of receipt of the goods. For the purposes of expiry of the term the goods are considered returned when they are delivered to the accepting post office or to the shipper.
For contracts concerning the sale of goods, if the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. It is however sufficient that the good is returned in normal condition, as it has been kept and possibly used with the use of normal diligence.
The costs payable by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the sender.
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 the sums paid as a deposit. The reimbursement must take place free of charge, in the shortest possible time and in any case within thirty days from the date on which the professional became aware of the exercise of the right of withdrawal by the consumer. The sums are intended to be reimbursed within the terms if they are actually returned, shipped or credited back with a value not later than the expiry of the previously indicated term.
In the event that the payment was made through bills of exchange, if these have not yet been presented for collection, they must be returned. There is no provision for any reimbursement limitation towards the consumer of the amounts paid as a result of exercising the right of withdrawal.
If the price of a good or service, object of a contract referred to in this title, is wholly or partially covered by a credit granted to the consumer, by the professional or by a third party on the basis of an agreement between the latter and the professional, the credit agreement is considered terminated by law, without any penalty, in the event that the consumer exercises the right of withdrawal in accordance with the provisions of this article. The professional is obliged to communicate to the third party granting the credit the fact that the consumer has exercised his right of withdrawal. Any sums paid by the third party who granted the credit for payment of the good or service until he has knowledge of the exercise of the right of withdrawal by the consumer are reimbursed to the third party by the professional, without any penalty, subject to the payment of accrued legal interests.
WHEN THE RIGHT OF WITHDRAWAL DECIDES (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 do not apply:
To contracts for the supply of foodstuffs, beverages or other goods for everyday household use supplied to the consumer's domicile, to his place of residence or to his place of work, by distributors who carry out frequent and regular tours;
To contracts for the provision of services relating to accommodation, transport, catering, leisure, when, at the conclusion of the contract, the professional undertakes to provide such services on a specific date or in a predetermined period.
Unless otherwise agreed between the parties, the consumer cannot exercise the right of withdrawal provided for in articles 64 and following in the cases:
Of supply of services whose execution has begun, with the agreement of the consumer, before the expiration of the term foreseen by the article 64, paragraph 1;
Supply of goods or services whose price is linked to fluctuations in the financial market rates that the professional is unable to control;
Supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
Supply of audiovisual products or sealed computer software, opened by the consumer;
Of supply of newspapers, periodicals and magazines;
Of betting and lottery services.
For more information it is possible to consult the legal text available on the Ministry of Economic Development
+39 080 3221061
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