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Right of Withdrawal

Who can and how to activate the Right of Withdrawal

The Right of Withdrawal is regulated by law if the customer-consumer (a person who buys goods for purposes not related to his professional activity, namely doesn't indicate in the order form a reference to VAT when purchasing) has, for any reason, the right to terminate the purchase contract. 

To exercise this right, the customer must send to Agostani srl a notice within 10 working days with effect from the date of delivery of the goods.
This notice shall be sent by Registered post with acknowledgement of receipt addressed to:

Agostani Srl
Via dei sassi 4
23862 Civate Lecco

Customers who buy as a company, using the VAT number, can't exercise the right of withdrawal

Withdrawal Procedures

The Right of Withdrawal is subject to the following conditions (Article 67 of the Italian Consumer Code):

  • If the goods have been delivered, the consumer must return them or make them available to the professional or the person designated by him, in accordance with the arrangements and timing stipulated in the contract. The return deadline can not be less than ten working days from the date of receipt of the goods. Upon expiry of the term, the goods are considered returned when they are delivered to the post office or shipping agent.
  • For contracts about the sale of goods, if the goods have been delivered, the integrity of the property to be returned is an essential condition for exercising the right of withdrawal. However, it's sufficient that the goods are returned in normal condition, as it was kept and used with the use of reasonable diligence.
  • The only costs payable by the consumer for exercising the right of withdrawal, pursuant to this article, are the direct costs of returning the goods to the sender, where expressly authorized by contract.
  • All items purchased at Agostini Srl will be returned and replaced with other articles of the same amount within 10 days from the date of purchase.

When the right of withdrawal ends (Article 55 of the Italian Consumer Code)

The right of withdrawal does not apply to:

  • Contracts for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the consumer's home, to his place of residence or to his workplace by distributors frequent and regular;
  • Contracts for the supply of services relating to accommodation, transport, catering, leisure, when at the conclusion of the contract the professional undertakes to provide these services on a specific date or within a specific period.

Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for in Article 64 and following in these cases:

  • Supply of services if performance has begun, with the consumer's agreement, before the end of the period provided for in Article 64, paragraph 1;
  • Supply of goods or services whose price is dependent on fluctuations in the financial market that the professional isn't able to control;
  • Supply of goods made to measure or clearly personalized or which, by their nature, can't be returned or are liable to deteriorate or expire rapidly;
  • Supply of audiovisual products or sealed software, opened by the consumer;
  • Supply of newspapers, periodicals and magazines;
  • Betting services and lottery.

For more information is possible to consult the legal text available on the Ministry of Economic Development

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