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 email@example.com. To this end, the Consumer may use the attached withdrawal 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 article, which must be delivered to the Seller’s Head Office solely and exclusively through the carriers indicated by the Seller, within the peremptory term of fourteen (14) days from the date of communication of the withdrawal.
7.6 The direct costs of returning the items are the sole responsibility of the Consumer, as well as the responsibility for the transport of the items. In particular, the Customer shall be charged a contribution to the cost of returning the items of five (5) Euro for the national territory, seven to eight (7 - 8) Euro for intra-EC countries and twelve (12) Euro for Malta and Cyprus.
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 in relation to the supply of tailor-made or clearly customised goods and the supply of sealed goods that are not suitable to be returned for hygienic reasons and have been opened after delivery.
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 firstname.lastname@example.org 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 alleged defect, the Consumer shall return the defective goods to the Seller’s Head Office, which, once the item is examined, shall communicate the outcome of the verifications carried out within a reasonable period of time.
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.