Returns and refunds
EXTRACT FROM THE GENERAL SALES CONDITION
7. Right of withdrawal
7.1 Pursuant to and for the purposes of
Article 52 of the Consumer Code, the Consumer has the right to withdraw from
the contract, without providing any reason and only bearing the costs to return
the goods to the Seller, within and no later than the peremptory term of
fourteen (14) days (withdrawal period) starting:
1. from
the date of goods reception, in the case of a single item order;
2. from
the date of receiption of the last article, in the case of multiple goods
ordered in a single order or mixed orders delivered separately.
7.2 The Consumer may exercise his right
of withdrawal if the communication relating to the exercise of this right is
sent before the expiry of the aforementioned withdrawal period.
7.3 The communication of withdrawal must
be sent in paper form, by registered letter with return receipt addressed to
the Seller, Calzificio M. Bresciani S.r.l., 24050 Spirano (Bg), Via Campo
Romano n. 34/36, or, alternatively, in electronic form, by telegram or e-mail
communication to shoponline@bresciani.it. To this end, the Consumer may use a
withdrawal standard form: this is an option and not an obligation.
7.4 The burden of proof relating to the
exercise of the right of withdrawal lies with the Consumer, therefore it is in
the latter's interest to make use of the above-mentioned means of
communication.
7.5 In the event of correct and timely
exercise of the right of withdrawal, the Customer is obliged to return the
item, which must be sent to the Seller's registered office and exclusively
through the affiliated carriers indicated by the Seller, within the peremptory
term of fourteen (14) days from the date of communication of the withdrawal.
For orders placed in the USA, the item must be returned to the commercial
headquarters of PALMA SETTIMI inc., 7 Sutton Place, Brewster, NY 10509. For
orders placed in Australia or other non-EU Countries, the return must be made
to the Seller's registered office in Italy.
7.6 The direct costs of returning the
items shall be borne exclusively by the Consumer, as well as the responsibility
for the transport of the same and the choice of the means of transport.
7.7 The goods must be returned intact by
the Consumer, complete in all their parts and accompanied by all the original
accessories and markings: the socks must have the identification tag, the bow
at the toe and the tissue inside the sock, while the underwear (shirts, slips
and boxers) must have the label and tissue. All items must then be returned in their
original outer packaging (cotton dust bag). They must not be tampered with and
must be perfectly suitable for their intended use, with no signs of wear, use
and/or dirt. Withdrawal applies to articles in their entirety. It cannot
therefore be exercised in relation to parts and/or accessories of individual
articles.
7.8 Pursuant to and for the purposes of
article 56 of the Consumer Code, in the event of timely withdrawal from the
contract, the Seller shall reimburse the total amount due, excluding delivery
costs, without undue delay and in any case within fourteen (14) days from the
date on which the Seller was informed of the Consumer's decision to withdraw
from the contract. The reimbursement shall be made using the same payment
instrument used for the initial transaction, unless the Consumer has agreed
otherwise and on condition that the Consumer shall not incur any cost as a
consequence of the reimbursement. The Seller shall not be obliged to reimburse
the additional costs if the Consumer has used a carrier of his choice and,
therefore, a type of delivery different from the least expensive one offered by
the Seller. Unless the Seller has offered to collect the goods himself, the
Seller may withhold the reimbursement until receipt of the goods.
7.9 Pursuant to and for the purposes of
Article 57 of the Consumer Code, the Consumer shall be liable for any
diminished value of the goods resulting from the handling of the goods other
than what is necessary to establish the nature, characteristics and functioning
of the goods. In the event that the goods for which the withdrawal has been
exercised have undergone a decrease in value resulting from a handling of the
same other than that necessary to establish the nature, characteristics and
functioning of the goods, the Seller reserves the right to deduct from the
amount of the refund an amount equal to this decrease in value. The Seller
shall inform the Consumer of the circumstance and the consequent reduction in
the refund amount within five (5) days from the receipt of the goods,
providing, in the event that the refund has already been paid, the bank details
for the payment of the amount due by the user as a result of the reduction in
the value of the goods.
7.10 In the event that the withdrawal is
not exercised in accordance with the provisions of the applicable legislation,
it shall not result in the termination of the contract and, consequently, shall
not give rise to any right to reimbursement.
7.11 In the event of partial withdrawal
from multiple orders, the amount of the delivery costs to be reimbursed to the
Consumer shall be quantified in proportion to the value of the goods subject to
withdrawal. Therefore, for example, if the Consumer has placed a total order of
two hundred (200) Euro, which includes two items, the first of the value of
fifty (50) Euro and the second of the value of one hundred and fifty (150)
Euro, and returns the goods of the value of one hundred and fifty (150) Euro,
the Consumer shall be reimbursed an amount equal to 75% of the delivery
expenses incurred. In any case, the amount of the delivery costs to be returned
shall never exceed the amount actually paid.
7.12 Pursuant to art. 59 of the Consumer
Code, the right of withdrawal is excluded with respect to the supply of
custom-made or clearly personalized goods and to the supply of sealed goods
which are not suitable for return for hygienic reasons and were opened after
delivery. It is specified that, by way of example, Socks and Underwear (shirts,
briefs, and boxers) that are opened or lacking the original seals and packaging
(as indicated in Art. 7.7) fall under this exclusion, as they are no longer
suitable for return for hygienic and health protection reasons.
7.13 Pursuant to art. 47 paragraph 2 of
the Consumers' Code, the rules on the right of withdrawal do not apply to small
contracts, whereby the consideration to be paid by the Consumer does not exceed
Euro fifty (50), in accordance with EU regulations.
8. Return of defective or non-conforming products
8.1 In the event that the Consumer
considers that at the time of delivery the item does not comply with the
provisions of the contract, the Consumer must contact the Seller at the e-mail
address shoponline@bresciani.it within the peremptory terms indicated in
article 10.3, providing proof of the date of purchase and delivery of the
goods, as well as the alleged defect.
8.2 In order to allow the Seller to
verify the reported non-conformity, the Consumer must return the defective
goods to the Seller's registered office. The Seller, once the item has been
examined, will communicate the outcome of the verification in a reasonable
time. In the case of non-EU sales, the Seller reserves the right to request
photographic and video documentation before authorizing the return shipment. If
the defect is confirmed, the Seller will bear the shipping costs for the return
of the defective goods.
8.3 In the event of a proven defect, the
Seller shall offer the replacement or repair of the item, at the Consumer's
choice, unless the repair requested is objectively impossible and/or
excessively onerous compared to the other. In the event that the repair or
substitution is impossible or excessively onerous and if the Seller has not
provided for the substitution or repair within a reasonable term, the Consumer
can request the reduction of the price or the resolution of the contract, which
involves the return of the goods and the reimbursement of the price paid. If,
however, the defect is slight and it is not possible or excessively burdensome
to carry out the remedies of repair or replacement, there is no right to
termination of the contract. The Seller is obliged to provide the remedy
(repair or replacement) requested by the Consumer, but the Seller may propose
to the Consumer different solutions to resolve the problem. In such case, the
Consumer is free to accept the proposal received or to request one of the
remedies set forth above, as provided by the Consumer Code. The substitution or
repair of the item, or the reimbursement of the price shall be made as soon as
possible and, in any event, within 30 days from the date in which the Seller
has communicated to proceed with the substitution, repair or reimbursement,
without any expenses to be charged to the Consumer. The reimbursement shall be
made through the method of payment used to make the purchase, unless otherwise
agreed.