Article 11. Right of Withdrawal
11.1 Unless otherwise indicated, in the event of purchase on the Website, you do not have the right of withdrawal (defined below) provided for Article 52 of the Consumer Code as indicated in this article. Indeed, on the Website are offered for sale: sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
11.2 The user - who acts as a consumer - has the right to withdraw from the sale of goods agreement for the Product without stating the reason and without incurring in additional costs and expenses other than those indicated in this article, within fourteen calendar day (Right of withdrawal). The withdrawal period (Withdrawal Period) expires after 14 days:
- in case of a single Product order, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product;
- in case of a Multiple Order with separate deliveries, from the day the user or a third party other than the carrier and designated by the user comes into material possession of the Product delivered last; or
- in case of an order related to the delivery of a Product of different batches or multiple pieces, from the day when you or a third person, different from the carrier and elected by you, acquires the physical possession of the last batch or the last piece.
11.3 To exercise the Right of withdrawal, the user must inform the Seller, prior to the expiry of the Withdrawal Period, of their decision to withdraw.
11.4 You have exercised your Right of withdrawal within the Withdrawal Period if the relevant communication is sent by you before the expiry of the Withdrawal Period. This communication must be trasmitted in at least with the following ways:
- ART DISTRIBUTION S.A.S.
- ART DISTRIBUTION S.A.S. via dei quartieri 4/2 TORINO TO 10122 IT
Or by email:
- Email: email@example.com
The Consumer shall obtain lasting means of storage for the communication related to the excercise of the Right of withdrawal, since the burden of proof concerning the exercise of this right before the expiry of the Withdrawal Period falls on the user.
11.5 In case of exercise of the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph in these General Conditions of Sale.
11.6 The cost for returning the Product (including custom duties) is at the user's expense and the return occurs under their responsibility.
11.7 If the user withdraws from the agreement, the Seller shall refund the Total Sum Due paid by the user for the Product, including delivery expenses without undue delay and no later than 14 calendar days from the date on which the Seller was informed of the user's decision to withdraw from the agreement. The refund will occur by using the same payment method employed for the original transaction. In the event that the user have returned the Products using a carrier of their choice and at their costs, the Seller may suspend the reimbursement until receipt of the Products or until prove your demonstration of having sent the Products back, whichever is earlier.
11.8 The user is only responsible of the decrease in value of the goods due to a different use of the Product to the one necessary to establish the features and the Product functioning. In any case the Product must be kept, handled and inspected with the normal diligence and returned intact, complete in all his parts, fully functional, must include also all the accessories and the illustrative leaflets, the labels and the seal, if present, attached to the Product and intact and not tampered, and perfectly suitable for the use to which it is intended and free of signs of wear or dirt. The withdrawal is applied to the Product in its entirety. In this sense it cannot be exercised just for some parts and/or accessories (which don’t represent and are not autonomous products) of the Product.
11.9 If the Product has suffered a loss in value resulting from the handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this loss in value. The Company will notify you within 14 days of receipt of the Product of the circumstance and the consequent reduced refund amount. If the refund has already been paid, the Company will communicate the bank details for the payment of the amount due by the user due to the decrease in value of the Product.
11.10 In the event that the withdrawal has not been exercised in compliance with the provisions of the applicable legislation, it will not result in termination of the contract and, by consequence, won’t create any right of reimbursement. The Seller will communicate to the user that it will reject the withdrawal request within 14 working days from the reception of the Product. In case the Product already arrived back to the Seller, it will stay to the Seller for user disposal for the pick-up that will have to be done on charge and under responsibility of the user.
11.11 In case the Right of withdrawal cannot be applied, the user will be informed on the Website.
11.12 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed in favor of the user will be quantified in proportion to the value of the Product subject to withdrawal. For example, the user has placed an order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and returns the Product of the value of 150.00 Euros, the user will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned will never exceed what actually paid by the user.