Right of withdrawal
Art. 7 – Right of withdrawal
The Customer who is a consumer has the right to withdraw from the contract for the purchase of the product without any penalty and without specifying the reason, within 14 (fourteen) working days from receipt of the goods, unless otherwise indicated by the supplier relating to the state and manner of conservation of the product and its category.
The provisions of Legislative Decree no. 206 of 6 September 2005 ("Consumer Code") shall apply.
Consumer" means "the natural person who is acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out".
Art. 8 – How to exercise the right of withdrawal (read carefully)
The consumer purchaser must express his or her wish to withdraw from the contract by sending written notice, within 14 (fourteen) working days of receipt of the goods, to the following e-mail address firstname.lastname@example.org , provided that it is confirmed by registered letter with acknowledgement of receipt within the following 48 (forty-eight) hours.
In the written communication, the Customer must, for each product for which he intends to exercise the return, clearly indicate his intention to withdraw from the purchase.
The registered letter shall be deemed to have been sent in good time if it is delivered to the accepting post office within 14 days of receipt of the goods.
The customer must also, within 14 (fourteen) days of receipt of the goods, return the product to the address of the CINCOTTA RESORT SAS warehouse. The product is deemed to be returned when it is handed over to the accepting post office or forwarding agent.
The substantial integrity of the goods is an essential condition for the exercise of the right of withdrawal.
Moreover, the withdrawal applies to the product in its entirety. It cannot be exercised in relation to parts and/or accessories of the product.
In the case of non-perishable food products, the packaging must be absolutely intact, i.e. it must not have been opened or have been tampered with, and the products must have been stored according to the instructions on the product packaging.
In the case of perishable products and/or products with an expiry date of less than 60 days, the right of withdrawal is excluded (see art. 9 below and art. 59 of the Consumer Code).
The return takes place under the full responsibility of the Customer until the certificate of receipt of the Product by CINCOTTA RESORT SAS. The Customer is liable for any damage that the Product may suffer during transport. CINCOTTA RESORT SAS shall not be liable in any way for any damage, theft or loss that may occur during the return transport of goods returned by the Customer.
In order to limit damage to the original packaging, we recommend that the goods be placed in a second box; the affixing of labels or adhesive tape directly onto the original product packaging should be avoided in all cases.
The costs of returning the Product shall be borne by the Customer.
After receipt of the product and only after verifying compliance with the terms and conditions for the exercise of the right of withdrawal and the integrity of the returned product, CINCOTTA RESORT SAS will proceed free of charge to refund the price paid (excluding shipping costs that remain charged to the customer) as soon as possible and in any event no later than thirty days from the date on which CINCOTTA RESORT SAS became aware of the exercise of the right of withdrawal.
The refund will be made through the transfer of the transaction (if payment is made by the customer with credit card or PayPal) or by bank transfer (if payment is made by the customer with bank transfer in advance). In the latter case, it will be the responsibility of the customer to provide promptly in writing (eg in the same notice of withdrawal), the bank details on which to obtain the refund (IBAN and name of the account holder) to allow CINCOTTA RESORT SAS to make the refund.
If, on the other hand, the withdrawal has not been exercised in accordance with the above-mentioned conditions and the provisions of art. 64 et seq. of the Consumer Code, or if the Product is not intact, it will not result in the termination of the contract and, consequently, will not entitle the customer to a refund of the amount paid for the Product. The Product shall remain at the warehouse of CINCOTTA RESORT SAS and shall be made available to the customer for collection at his expense and under his responsibility.
Similarly, if the Product is damaged during transport, since the condition of the integrity of the Product does not exist, the request for withdrawal will be refused. CINCOTTA RESORT SAS will notify the Customer of the incident within 5 working days of receipt of the Product, to enable him to exercise his rights under the transport contract. The Product will remain at the warehouse of CINCOTTA RESORT SAS and will be made available to the Customer for collection at his expense.
Art. 9 – Exclusion of the right of withdrawal
The right of withdrawal does not apply in the cases referred to in Article 55 of Legislative Decree 06.09.2005 no. 206 (Consumer Code) to which reference is made. In particular, it does not apply:
• in the case of the supply of goods made to measure or clearly customised at the express request of the customer, or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly (e.g. fresh and perishable foodstuffs such as meat, fish, frozen food, fruit, vegetables, dairy products and cheese, cold cuts, delicatessen products).
• contracts for the supply of foodstuffs, beverages or other household goods for current consumption supplied to the consumer's home, place of residence or workplace by distributors making frequent and regular rounds.
The right of withdrawal is therefore excluded for all perishable food products.
For the purposes of the law, perishable products are meant:
1. Pre-packaged agricultural, fish and food products bearing an expiry date or a minimum durability date not exceeding 60 days;
2. bulk agricultural, fish and food products, including herbs and aromatic plants, whether or not wrapped or chilled, which have not undergone any treatment that prolongs their shelf life for more than 60 days;
3. meat products with either of the following physical or chemical characteristics: - aW greater than 0,95 and pH greater than 5,2; - aW greater than 0,91; - pH equal to or greater than 4,5;
4. all types of milk.
Since the right of withdrawal is reserved exclusively for Customers who are "consumers", it cannot be exercised by legal persons and natural persons acting for purposes relating to their professional activity.