RIGHT TO WITHDRAW
The final user has the right to withdraw from the contract concluded with Au Depart Italia S.r.l. (hereinafter, the “Seller”), without penalty and without having to give a reason, within fourteen (14) days following receipt of the products purchased on the Site.
However, the item chosen cannot be exchanged for another.
To withdraw from the contract, the final user must use the return form (hereinafter, the “Form”) that conforms to the template under Art. 49, paragraph 4 of Italian Legislative Decree no. 206 of 6 September 2005 (the “Consumer Code”), which must be completed and directly transmitted online through the Site, or prepare and send to the Seller another explicit statement of his/her decision to withdraw from the contract.
If the final user chooses to use the Form to directly transmit online through the Site, the Seller will send an e-mailed confirmation of receipt of the withdrawal request. However, if the final user chooses to send another withdrawal statement, the final user will have the burden of proving that he/she properly and timely executed the right to withdraw.
After withdrawing from the contract, the final user must return the products to the Seller by delivering them to the shipper for shipment within fourteen (14) days after he/she communicated his/her decision to withdraw from the contract. If the final user returns the products to a store, the products must be delivered to the store’s sales assistant within fourteen (14) days after the products were received.
The return of the products is free of charge; therefore, the final user will not pay the costs to return the products purchased. From the time the products purchased are redelivered to the shipper indicated by the Seller in the Form, the Seller shall be exonerated from all liability in the event of loss or damage to the products during shipment.
The right to withdraw, assuming compliance with the terms and methods described above, shall be deemed to have been exercised properly if the following terms and conditions have been fully satisfied:
a) The Form directly transmitted online through the Site or other explicit statement of your decision to withdraw from the contract must be properly completed and transmitted to the Seller within fourteen (14) days of receipt of the products;
b) the products must not have been used, worn, or washed;
c) the identification tag, which constitutes an integral part of the article, must be delivered along with the product;
d) products must be returned in their original packaging, including identification label and all other items that were in the package along with the product (e.g., dust bag);
e) products being returned must be delivered to the shipper within fourteen (14) days after the Seller was informed of the final user’s decision to withdraw from the contract; and
f) the products must not be damaged.
The amounts will be reimbursed as soon as possible and, in any case, within fourteen (14) days of the date the Vender learns that the right to withdraw was exercised. The Seller reserves the right to withhold the reimbursement until it has received and checked the product or the final user demonstrates that he/she reshipped the product correctly and in an intact condition, whichever occurs first.
The reimbursement above will be made by crediting the amount paid by the final user in the same manner as the payment was made for the purchase, unless the final user expressly agreed on another method, and provided that the final user will incur no cost as a result of the reimbursement. It is understood that the Vendor is not responsible for the timing of crediting of amounts, because that timing varies depending on the banking institution and the payment methods used by the user.
If the methods and deadlines for exercising the right to withdraw set forth in subparagraphs a), e) or f) are not adhered to, the final user will be not be entitled to reimbursement of amounts previously paid to the Seller. Within 14 days of the sending of the e-mail informing the final user that the return was not accepted, he/she may elect to reobtain, at his/her expense, the products in the condition they were returned to the Seller, by informing the Seller using the method that will be communicated to the final user. Otherwise, the Vender may retain the products, along with the amounts previously paid for their purchase.
If the terms set forth in subparagraphs b), c) or d) are not adhered to, the final user will not be entitled to full reimbursement of the amounts previously paid to the Seller. The final user will be responsible for the loss in value of the products returned resulting from use other than that authorised by the Seller, in order to enable it to ascertain the nature, characteristics and functioning of the products. In this event, 10 to 90 percent of the amounts paid to the Seller to purchase the products returned will be deducted from the reimbursement based on a specific communication that the Vendor will send by e-mail to the final user. Within 14 days of the sending of the e-mail stating the amount deducted from the reimbursement, the final user may elect to reobtain, at his/her expense, the products in the condition they were returned to the Seller, by informing the Seller using the method that will be communicated to the final user. Otherwise, the Vender may retain the products, along with the amount corresponding to the percentage deducted from the reimbursement.
Timing and methods of reimbursement
Regardless of the payment method used, the Seller shall make the full or partial reimbursement as quickly as possible and, in any case, within fourteen (14) days of the date the Seller learns that the right to withdraw was exercised, determines that that right was exercised correctly and checks the products that were returned.
The Seller shall make the reimbursement using the same payment method used by the final user to purchase the products returned, unless he/she expressly agreed with the Vendor on the use of a different payment method, and provided that the final user will incur no additional cost as a result of the reimbursement. If the recipient of the products indicated in the order form is different from the person who paid the amounts due for the purchase, if the right to withdraw is exercised, the Seller will reimburse the person who made the payment.
The Seller designates [UPS (www.ups.com)] as the shipper to return products. The products can be returned to the Seller free of charge through [UPS], using the pre-printed adhesive label accompanying the package containing the products. That method makes it possible to track the package at all times, thus freeing the final user from any liability if the products are lost or damaged during shipment.