Right of withdrawal
The law (DL 22/05/99. N.185) guarantees you the right to withdraw from the purchase contract for any reason. To exercise this right, reserved for individuals, thus excluding purchases made on behalf of a company, you must send Ablia S.r.l. a simple communication to that effect, within 10 working days from the date of receipt of the ordered goods. The communication of the desire to withdraw from the purchase must be received by registered letter with acknowledgment of receipt, addressed to Ablia Srl, Via Don Pasquetti 65 59100 Prato (Po), which is intended to be sent in good time if delivered to the accepting post office by term above. The communication can also be sent by telegram or fax, sent within the 10 days foreseen by the deadline, provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours. Alternatively, the communication can be sent via pec to the address email@example.com and confirmed by the staff. At this point you will only have to wait for communication from Ablia S.r.l. on how to return the purchased good and proceed with its return, within the following 48 hours. The goods must be sent at the expense of the buyer to Ablia S.r.l., Via Don Pasquetti 65 59100 Prato (Po).
The right of withdrawal is however subject to the following conditions:
the purchased good must be substantially intact and returned carefully packaged, complete with all the original parts (including any documentation and accessories);
by law, the shipping costs will be at your expense;
upon its arrival at the warehouse, the product will be examined to assess any damage or tampering (the substantial integrity of the returned goods is an essential condition for exercising the right of withdrawal).
Without prejudice to any repair costs for damage to the goods, Ablia S.r.l. will reimburse you within the terms of the law (30 working days) the full amount already paid (total amount of the ordered material excluding shipping costs), with bank currency in any case not exceeding the fifteenth working day from the date of receipt. of the notice of withdrawal. It will be your responsibility to promptly provide us with the bank details on which to obtain the transfer (ABI Code - CAB - Current Account of the invoice holder).
Below is the LEGISLATIVE DECREE n. 185
Implementation of Directive 97/7 / EC relating to the protection of consumers in respect of distance contracts
THE PRESIDENT OF THE REPUBLIC
Having regard to articles 76 and 87 of the Constitution;
Having regard to Directive 97/7 / EC of the European Parliament and of the Council of 20 May 1997, concerning the protection of consumers in the field of distance contracts;
Having regard to the law of 24 April 1998, n. 128;
Given the legislative decree of 15 January 1992, n. 50;
Given the art. 14 of the law of 23 August 1998, n. 400;
Given the resolutions of the Council of Ministers, adopted in the meetings of 14 and 21 May 1999;
On the proposal of the Ministers for Community policies and industry, trade and crafts, in agreement with the Ministers of Foreign Affairs, of Grace and Justice, of the Treasury, of the Budget and of Economic Planning;
the following legislative decree:
1. For the purposes of this decree, the following definitions apply:
distance contract: the contract concerning goods or services stipulated between a supplier and a consumer in the context of a remote sales or service provision system organized by the supplier who, for this contract, exclusively uses one or more remote communication up to the conclusion of the contract, including the conclusion of the contract itself;
consumer: the natural person who, in relation to the contracts referred to in letter a), acts for purposes not related to any professional activity carried out;
supplier: the natural or legal person who in distance contracts acts within the framework of his professional activity;
distance communication technique: any means that, without the physical and simultaneous presence of the supplier and the consumer, can be used for the conclusion of the contract between the said parties; an indicative list of the techniques contemplated by this decree is given in Annex I;
communication technique operator: the natural or legal person, public or private, whose professional activity consists in making one or more remote communication techniques available to suppliers.
1. This decree applies to distance contracts, excluding contracts:
relating to financial services, an indicative list of which is set out in Annex II;
concluded through automatic vending machines or automated commercial premises;
concluded with telecommunications operators using public telephones;
relating to the construction and sale or other rights relating to immovable property, with the exception of leasing;
concluded at an auction.
1. In good time, before the conclusion of any distance contract, the consumer must receive the following information:
identity of the supplier and, in the case of contracts involving prepayment, the address of the supplier;
essential characteristics of the good or service;
price of the good or service, including all taxes or duties;
methods of payment, delivery of the goods or provision of the service and any other form of execution of the contract;
existence of the right of withdrawal or exclusion of the same pursuant to article 5, paragraph 3;
methods and times for returning or collecting the goods in case of exercising the right of withdrawal;
cost of using the remote communication technique, when it is calculated on a basis other than the basic rate;
duration of the validity of the offer and the price;
minimum duration of the contract in the case of contracts for the supply of products or the provision of services with continuous or periodic execution.
2. The information referred to in paragraph 1, the commercial purpose of which must be unambiguous, must be provided in a clear and understandable way, by any means appropriate to the remote communication technique used, observing in particular the principles of good faith and loyalty in the field of commercial transactions, assessed on the basis of the protection needs of particularly vulnerable categories of consumers.
3. In the case of telephone communications, the identity of the supplier and the commercial purpose of the telephone call must be declared unequivocally at the beginning of the conversation with the consumer, under penalty of nullity of the contract.
4. In the case of use of techniques that allow individual communication, the information referred to in paragraph 1 is provided, if the consumer requests it, in Italian. In this case, the confirmation and further information referred to in Article 4 are also provided in the same language.
1. The consumer must receive confirmation in writing or, at his choice, on another durable medium at his disposal and accessible to him, of all the information required by article 3, paragraph 1, before or at the time of the execution of the contract. In any case, the following information must also be provided to the consumer by this time and in the same forms:
information on the conditions and methods for exercising the right of withdrawal pursuant to article 5, including the cases referred to in article 5, paragraph 2;
the geographical address of the supplier's headquarters to which the consumer can lodge complaints;
information on assistance services and existing commercial guarantees;
the conditions for withdrawal from the contract in the event of an indefinite duration or longer than one year.
2. The provisions of this article do not apply to services whose execution is carried out by means of a distance communication technique, if said services are provided in a single solution and are invoiced by the operator of the communication technique. Also in this case, the consumer must be able to have the geographic address of the supplier's headquarters to which he can submit complaints.
1. The consumer has the right to withdraw from any distance contract, without any penalty and without specifying the reason, within ten working days from:
for goods, from the day of their receipt by the consumer where the obligations referred to in Article 4 have been met or from the day on which the latter have been satisfied, if this occurs after the conclusion of the contract provided that no later than the deadline three months from the conclusion itself;
for services, from the day of the conclusion of the contract or from the day on which the obligations referred to in Article 4 have been met, if this occurs after the conclusion of the contract provided that no later than three months from the conclusion itself.
2. In the event that the supplier has not fulfilled the obligations referred to in Article 4, the deadline for exercising the right of withdrawal is three months and runs from:
for goods, from the day of their receipt by the consumer;
for services, from the day of the conclusion of the contract.
3. Unless otherwise agreed between the parties, the consumer cannot exercise the right of withdrawal provided for in paragraphs 1 and 2 for contracts:
the supply of services whose execution has begun, with the consumer's down payment, before the expiry of the seven-day term provided for in paragraph 1;
the supply of goods or services whose price is linked to fluctuations in financial market rates that the supplier is unable to control;
for the 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;
supply of newspapers, periodicals and magazines;
of betting and lottery services.
4. The right of withdrawal is exercised by sending, within the prescribed period, a written communication to the geographic address of the supplier's headquarters by registered letter with acknowledgment of receipt. The communication can be sent, within the same term, also by telegram, telex and facsimile, provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours.
5. If the goods have been delivered, the consumer is required to return them or make them available to the supplier or to the person designated by him, according to the methods and times provided for 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.
6. The only expenses 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, where expressly provided for in the distance contract.
7. If the right of withdrawal is exercised by the consumer in accordance with the provisions of this article, the supplier is required to reimburse the sums paid by the consumer. The reimbursement must be made free of charge, in the shortest possible time and in any case within thirty days from the date on which the supplier became aware of the consumer's exercise of the right of withdrawal.
8. If the price of a good or service, which is the subject of a distance contract, is wholly or partially covered by a credit granted to the consumer, by the supplier or by third parties on the basis of an agreement between them and the supplier, the contract of credit is understood to be terminated by law, without any penalty, in the event that the consumer exercises the right of withdrawal in accordance with the provisions referred to in the previous paragraphs. The supplier is obliged to communicate to the third party granting the credit that the consumer has exercised the right of withdrawal. Any sums paid by the third party who granted the credit for payment of the good or service up to the moment in which he is aware of the exercise of the right of withdrawal by the consumer, are reimbursed to the third party by the supplier, without any penalty, without prejudice to the payment of accrued legal interest.
1. Unless otherwise agreed between the parties, the supplier must execute the order within thirty days from the day following that on which the consumer sent the order to the supplier
1. Unless otherwise agreed between the parties, the supplier must execute the order within thirty days from the day following that on which the consumer sent the order to the supplier.
2. In case of non-execution of the order by the supplier, due to the unavailability, even temporary, of the requested good or service, the supplier, within the term referred to in paragraph 1, informs the consumer, according to the procedures set out Article 4, paragraph 1, and provides for the reimbursement of any sums already paid for the payment of the supply. Except for the consent of the consumer, to be expressed before or at the time of the conclusion of the contract, the supplier cannot fulfill by making a supply other than that agreed, even if of equivalent or superior value and quality.
1. Articles 3, 4 and 5 and paragraph 1 of article 6 do not apply:
to contracts for the supply of foodstuffs, beverages or other goods for domestic use of current consumption supplied to the consumer's home, place of residence or place of work, by distributors who make frequent and regular rounds;
to contracts for the supply of services relating to accommodation, transport, catering, leisure, when at the time of the conclusion of the contract the supplier undertakes to provide these services on a specific date or in a fixed period.
1. The consumer can make the payment by card where this is foreseen among the payment methods, to be communicated to the consumer pursuant to article 3, paragraph 1, letter of this legislative decree.
2. The payment card issuer re-credit to the consumer the payments of which the latter proves the excess over the agreed price or the execution through the fraudulent use of his payment card by the supplier or a third party, without prejudice to the application of article 12 of the law decree of 3 May 1991, n. 143, converted, with modifications, by the law 5 July 1991, n. 197. The payment card issuer has the right to charge the supplier with the sums credited back to the consumer.
1. It is forbidden to supply goods or services to the consumer in the absence of his prior order in the event that the supply involves a request for payment.
2. The consumer is not required to make any payment in the event of unsolicited supply. In any case, failure to reply does not mean consent.
1. The use by a supplier of the telephone, e-mail, automated call systems without the intervention of an operator or fax, requires the prior consent of the consumer.
2. Distance communication techniques other than those referred to in paragraph 1, if they allow individual communication, can be used by the supplier if the consumer does not explicitly declare himself against it.
1. The rights attributed to the consumer by this legislative decree are inalienable. Any agreement in contrast with the provisions of this decree is void.
2. If the parties have chosen to apply legislation other than Italian to the contract, the consumer must in any case be granted the protection conditions provided for by this legislative decree.
1. Without prejudice to the application of criminal law if the fact constitutes a crime, the supplier who contravenes the rules referred to in articles 3, 4, 6, 9 and 10 of this legislative decree, or who hinders the exercise of the right of withdrawal by the consumer according to the modalities referred to in article 5 or does not reimburse the consumer any sums paid by him, he is punished with a pecuniary administrative sanction from one million to ten million lire.
2. In cases of particular gravity or recidivism, the minimum and maximum limits of the sanction indicated in paragraph 1 are doubled.
3. The sanctions are applied in accordance with the law of 24 November 1981, n. 689. Without prejudice to the provisions regarding the powers of investigation of the officers and judicial police officers of article 13 of the aforementioned law no. 689, the administrative police bodies provide, ex officio or upon denunciation, on the ascertainment of violations. The relationship provided for by article 17 of law no. 689, is presented to the provincial office of industry, commerce and crafts of the province in which the commercial operator is resident or registered office.
1. In relation to the provisions of this legislative decree, consumer and user associations are entitled to act to protect the collective interests of consumers, pursuant to article 3 of law no. 281.
1. For civil disputes relating to the application of this legislative decree, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the State.
1. The distance contract must contain the reference to this legislative decree.
2. Until the issuing of a Consolidated Text for the coordination of the provisions of this legislative decree with the discipline set forth by the legislative decree of 15 January 1992, n. 50, to the special forms of sale provided for in article 9 of legislative decree no. 50 and articles 18 and 19 of the legislative decree 31 March 1998, n. 114, the more favorable provisions for the consumer contained in this legislative decree apply.
3. This legislative decree enters into force one hundred and twenty days from the date of publication in the Official Gazette of the Italian Republic.
Field of application
Written confirmation of information
Exercise of the right of withdrawal
Execution of the contract
Payment by card
Supply not required
Limits to the use of certain distance communication techniques
Transitional and final provisions
Given in Rome, May 22, 1999
D'ALEMA, President of the Council of Ministers
LETTA, Minister for Community Policies
BERSANI, Minister of Industry, Commerce and Crafts
DINI, Minister of Foreign Affairs
DILIBERTO, Minister of Grace and Justice
AMATO, Minister of the Treasury, Budget and Economic Planning
Seen, the Keeper of Seals: DILIBERTO