RIGHT OF WITHDRAWAL
Term for withdrawal
The consumer has a period of fourteen days to withdraw from the contract without having to provide any motivation.
Start
The aforementioned term starts:
a) in the event that a service is offered from the day of the conclusion of the contract
b) in the case of sale of a product, from the day when the consumer or a third party, different from the carrier and designated by the consumer, acquires the physical possession of the property or:
• in the case of multiple goods ordered by the consumer by means of a single order and delivered separately, from the day the consumer or a third party, other than the carrier and designated by the consumer, acquires the physical possession of the last good;
• In the case of delivery of an asset consisting of lots or multiple pieces, from the day when the consumer or a third, different from the carrier and designated by the consumer, acquires the physical possession of the last lot or piece;
• In the case of contracts for the periodic delivery of goods during a certain period of time, from the day the consumer or a third party, other than the carrier and designated by the consumer, acquires the physical possession of the first good.
Obligations to be paid by the company
The company, following the withdrawal of the consumer:
• communicates a confirmation of receipt, on durable support, of the withdrawal exercised without delay to the consumer;
• reimbursement to the same payments received, not including delivery costs, without undue delay and in any case within fourteen days from the day of the communication of the right of withdrawal.
• The company performs refund using the same payment vehicle used by the consumer, unless otherwise agreed following the payment.
Obligations against the consumer
The shipping costs are charged to the consumer for the return of the products received which must be shipped within fourteen days from the date on which he communicated his decision to withdraw from the contract (the deadline is respected if the consumer comply with the goods before the expiry of the period of fourteen days).
The substantial integrity of the asset is an essential condition for the exercise of the right of withdrawal. The product must therefore be kept with normal diligence and returned intact, complete in all its parts, fully functional and without signs of wear or dirt.
Exceptions to the right of withdrawal - Products for which the application of the right of withdrawal is excluded
The right of withdrawal cannot be exercised:
a) in case of purchase of medical devices
b) with supply of food, drinks or other goods intended for current consumption in the family and physically provided by a professional in frequent and regular turns at home, residence or in the workplace of the consumer
c) in the event of purchases of less than 50 euros (unless the global consideration that the consumer must pay independently of the amount of the individual contracts exceeds 50 euros);
d) in the event of a contract concerning a service after complete provision of the service if the execution of the contract began with the consumer express agreement;
e) in the event of the supply of tailor -made or clearly customized assets;
f) in the event of the supply of goods that risk deteriorating or expires quickly;
g) in the event of the supply of sealed goods that do not lend themselves to being returned for hygienic reasons or connected to the protection of health and have been opened after delivery;
h) in the event of the supply of assets that after the delivery are by their nature inseparably mixed with other Beni.
Legal guarantee
In the event of a lack of conformity, or delivery of goods that present defects or defects or is discounted from that provided for in the sales contract, i.e. unsuitable for the use that habitually serves an asset of the same
type, different from the description published on the site or that the promised qualities do not show, the provisions of the legal guarantee is applied by the articles 128 and following of Legislative Decree 205/2006 (Consumer Code).
Any faults or malfunctions determined by accidental facts or by the customer's responsibility or by a use of the product not compliant with its intended use and/or as required in the technical documentation attached to the product are excluded from the scope of the legal guarantee.
The store is responsible when the defect of conformity is manifested by two years from the delivery of the property, unless a conventional guarantee is foreseen beyond this term. In the event of the sale of used assets, the guarantee referred to in the previous paragraph can be limited to a period of time anyway
not less than one year.
The consumer is required to report the vice or defect in Mitrovo.com Within two months from the discovery (unless the sector recognized or hidden the existence of the defect).
It is assumed that the defects of conformity that manifest themselves within six months from the delivery of the property existed already on that date, unless this hypothesis is incompatible with the nature of the good or with the nature of the defect of
compliance.
The direct action to assert the defects that are not misunderstood by the seller is prescribed within the term of twenty -six months from the delivery of the property (the consumer who is agreed for the execution of the contract can however always assert the rights referred to in this article as long as The lack of conformity was reported within two months of the discovery and before the expiry of the two years from delivery).
In the event of defect of conformity, the consumer can ask for, without expense (including shipping), the restoration by repairing or replacement, for his choice, except that remedy is objectively impossible or excessively expensive compared to the other.
The above remedy is to be considered excessively expensive if it requires the store unreasonable expenses in comparison to the other, taking into account:
a) of the value that the good would have if there was no lack of conformity;
b) the extent of the defect of conformity;
c) of the event that the alternative remedy can be experienced without considerable inconveniences for the consumer.
The repairs or substitutions will be carried out within an adequate term from the request and will not have to cause considerable inconveniences to the consumer, taking into account the nature of the good and the purpose for which it was purchased.
The consumer may request, by his choice, a congruous reduction of the price or the termination of the contract where one of the following situations appeals:
a) repair and replacement are impossible or excessively onerous;
b) the seller did not replace within a adequate term;
c) the replacement or repair previously carried out has gone significant inconvenience to the consumer.
In determining the amount of reduction or the sum to be returned, the use of the asset is taken into account.
After the complaint of the lack of conformity, the seller can offer the consumer any other available remedy, with the following effects:
a) if the consumer has already requested a specific remedy, the seller remains obliged to implement it, with the necessary consequences regarding the start of the adequate term for repairs or replacements, unless acceptance by the consumer of the proposed alternative remedy;
b) If the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy pursuant to this article.
A lack of mild conformity, for which it has not been possible or it is excessively expensive to carry out the remedies of repair or replacement, does not give the right to terminate the contract.
The legal guarantee is limited to purchases made by consumers. With regard to subjects other than consumers, the provisions of the consumer code to articles 1490 and SS ..
Conventional guarantee of the manufacturer
The products sold on the site can, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ("conventional guarantee"). The customer can assert this guarantee only to the manufacturer. The duration, the extension, including territorial, the conditions and methods of use, the types of damage/defects covered and any limitations of the conventional guarantee depend on the individual producer and are indicated in the so -called guarantee certificate contained in the product packaging. The conventional guarantee has a voluntary nature and does not add, does not replace, does not limit and does not affect nor excludes the legal guarantee.
