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Right of withdrawal

RIGHT OF WITHDRAWAL.

  1. In accordance with art. 52 of the Consumer Code, the Consumer Customer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within 14 (fourteen) days from the day of delivery of the Products purchased on the Site.
  2. The right of withdrawal is correctly exercised within the withdrawal period referred to in Article 52, paragraph 2, and Article 53 of the Consumer Code if the communication relating to the exercise of the right of withdrawal is sent by the Customer before the expiry of the withdrawal period.
  3. Pursuant to art. 54 of the Consumer Code, the Consumer Customer may withdraw from the contract concluded with the Seller by sending the latter, by post or e-mail, to the above addresses, an explicit declaration of exercising the right of withdrawal from the contract, adopting possibly the module type as per Annex 1, lett. B of the Consumer Code.
  4. Upon receipt of the declaration of withdrawal, the Seller immediately communicates to the Customer, by e-mail, a confirmation of receipt of the withdrawal exercised, which will be followed, following the investigations, by a further e-mail of acceptance or refusal of the withdrawal, depending on the occurrence or failure to comply with the methods and terms for exercising this right indicated below.
  5. Pursuant to art. 57 of the Consumer Code, once the withdrawal from the contract has been exercised, the consumer Customer is required to return the Products, sending them to the Seller or delivering them to a physical store strictly indicated by the Seller, without undue delay and in any case within 14 (fourteen) days from the date on which he communicated to the Seller his decision to withdraw from the contract. The deadline is met if the Customer sends back the Products before the expiry of the period of 14 (fourteen) days. The costs of returning the Products to the Seller are fully borne by the Customer, as well as the responsibility of the latter in case of loss or damage to the Products during transport, which is due to a negligent choice of the courier in charge of the shipment. and / or the shipping methods. Therefore, it is suggested to use particularly reliable couriers and to use shipping methods with tracking.
  6. In addition to the terms and methods described in the previous points 10.1, 10.2 and 10.3, the right of withdrawal is understood to be correctly exercised if the following conditions are also fully respected:
    1. the Products must not have been used, worn, washed;
    2. the Products are delivered to the Customer with an identification and disposable tag: it must still be present, well preserved and, in the case of disposable seals, attached in the original position;
    3. the Products must be returned in their original packaging, if it is disposable it must not have been opened and must still be well sealed;
    4. the Products must still have all the original labels, packaging and accessories (dust bags, hangers, clothes covers, etc.) received with the order;
    5. swimwear and underwear (bikinis, briefs, boxers etc.) can be tried on by the Customer over their personal underwear, but they cannot show signs of use, nor can the relative hygienic protection label be removed should have been removed;
    6. the Products must not be damaged;
    7. the Products must be delivered to the courier in charge of shipping, or delivered directly to a physical store indicated by the Seller, within 14 (fourteen) days from the notification to the Seller of withdrawal from the contract;
    8. in the case of Products shipped from a country outside the European Union, import duties and taxes in Italy must be paid in advance by the Customer.
  7. Pursuant to art. 59 of the Consumer Code, the right of withdrawal is also excluded in the event that the Customer has purchased tailor-made or customized products, or sealed products that cannot be returned for reasons of hygiene or health protection and that have been open after delivery.
  8. If, upon adequate verification by the Seller, the right of withdrawal has been exercised following the methods and terms indicated above, the Seller will send the Customer, via e-mail, the acceptance of the withdrawal and the Products thus returned and, subsequently, to reimburse any price already paid, with the exclusion of any import taxes, customs duties and any other amount not included in the sale price, in the shortest possible time and, in any case, within 90 (ninety) days from date on which the Seller became aware of the exercise of the right of withdrawal.
  9. In the event of a refund, the Customer can choose between two different methods, to be communicated to the Seller in response to his e-mail accepting the withdrawal exercised:
    1. Voucher: a discount code corresponding to the price of the returned Products will be sent to the Customer, net of any import taxes, customs duties and any other amount not included in the sale price. This Voucher can be used within 90 (ninety) days from the time of issue in a single solution for an order that has a value equal to or greater than the refund;
    2. refund of payment: for orders paid with PayPal or Credit Card (also through Apple Pay), the refund, net of any import taxes, customs duties and any other amount not included in the sale price, takes place on the account / Credit Card from which the payment originated, according to timelines over which the Seller has no control power, as these are procedures under the exclusive competence of PayPal or the bank issuing the Credit Card.
  10. 10.If the Customer does not comply with the methods and terms for exercising the right of withdrawal referred to in points 10.2, 10.3 and 10.4, he will not be entitled to a refund of the sums already paid to the Seller, who will communicate non-acceptance of the return by e-mail; in this case, within 14 (fourteen) days of receiving the Seller's e-mail, the Customer may request to receive the Products again, at their own expense, in the state in which they were returned to the Seller. In case of refusal by the Customer, the Seller may keep the Products, in addition to the price already paid for their purchase.
  11. 11. In any case, the Seller cannot be held responsible for:
    1. any delays in reimbursement attributable to the Customer (if he had not communicated preferences for the reimbursement and / or had communicated incorrect coordinates), banking institutions, payment circuits and / or third parties;
    2. Products returned by mistake, or damaged or not returned due to the responsibility of the shipper or attributable to third parties.
  12. 12. With the exercise of the right of withdrawal, the Customer is not entitled to any change (size, color, article, etc.) of Products.
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