Right of Withdrawal
In accordance with Art. 64 of Italian Legislative Decree No. 206/2005, if the Customer is a consumer i.e. an individual purchasing the goods for purposes extraneous to any business or professional activity performed, or not identifying a VAT number in the order form), he/she is entitled to withdraw from the contract for any reason, without the need to provide explanations and without any penalty, subject to the contents of Articles 7.2, 7.3 and 7.4 below.
The right of withdrawal may be exercised within ten working days from the date of receipt of the goods by way of the procedure identified on the Website.
In any case, the Customer may exercise the right of withdrawal by sending to Italimpianti Orafi Spa a written communication in that sense, within ten working days from the date of receipt of the goods. That communication should be sent, by registered letter with acknowledgement of receipt, addressed to: Italimpianti Orafi Spa Via Provinciale di Civitella 8, Badia al Pino – 52041 (AR), Italy or by fax or e-mail, again within the aforementioned term of ten working days.
1. In this case, the withdrawal should be confirmed by the Customer by sending the communication of withdrawal by registered letter with aknowledgement of receipt, strictly within 48 hours of sending the communication by fax or e-mail.
Once the right of withdrawal has been exercised, Italimpianti Orafi Spa Customer Services will proceed to communicate to the Customer – also via e-mail – the address to which to ship the goods to be returned and the authorisation number to be identified on the appropriate returns form, which must be attached to the Product. The Customer must send the entire Product, carefully packaged in its original packaging, avoiding damaging it by using sticky labels or other items, and complete with all its original content, to the address communicated.
Shipping costs for returning the goods, along with all direct costs of returning the goods (therein including any customs duties) are borne by the Customer. The shipment made by the Customer should occur by Courier within ten working days from the communication to the Customer of the address to which to make the shipment of goods and the authorisation number for the return. The shipping process, until confirmation of receipt by Italimpianti Orafi Spa, is at the liability and risk of the Customer. Upon receipt of the goods, Italimpianti Orafi Spa will proceed to verify their integrity and to refund to the Customer the sum for the purchased Product, with the exclusion of transportation costs and direct costs for returning the goods. The refund will be made by bank transfer, to the current account identified by the Customer in the withdrawal form, within the period of thirty days from receipt by Italimpianti Orafi Spa of the registered letter of withdrawal, if the goods have been sent by the Customer within ten working days following the communication to the Customer, by e-mail, of the address to which to make the shipment and the authorisation number for the return and if the goods are received intact at the address identified by Italimpianti Orafi Spa
The right of withdrawal may be exercised only in relation to the purchased Product in its entirety: it is not possible to exercise the withdrawal for only part of the purchased Product (e.g.: accessories, attached software, etc.). The right of withdrawal may not be exercised in relation to audio-visual Products or sealed computer software (including that attached to hardware material), once opened, along with the supply of custom-made or clearly customised packaged goods or goods which, by their nature, cannot be re-shipped or risk rapid deterioration or alteration. The purchased Product must be returned intact and in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.). The affixing of labels or sticky tape directly on the original packaging of the Product should be avoided. In the case of damage to the goods during transportation, Italimpianti Orafi Spa shall provide notification to the Customer of the occurrence (within five working days of receipt of the Product at its warehouses), so as to allow the Customer to raise a prompt dispute with the courier chosen by it and to obtain the refund of the value of the Product (if insured by the Customer). Italimpianti Orafi Spa shall not be liable for damage, theft or loss of Products returned by shipping not insured at the care and expense of the Customer.
The right of withdrawal is forfeited in the case of defect of the substantial integrity of the returned goods and thus, by way of example, in the case of: I) absence of the external packaging and/or the original internal packaging; II) absence of supplemental elements of the Product (accessories, cables, manuals, parts, etc.); III) damage to the Product for causes other than its transportation; IV) abnormal state of preservation. In the case of the Customer’s forfeiture of the right of withdrawal, Italimpianti Orafi Spa will return to the Customer the purchased Product, charging to the same the shipping costs (therein including customs charges).
The right of withdrawal is also recognised, under the same conditions set out in this article, also to Customers who are not qualified as consumers in accordance with Italian Legislative Decree No. 206/2005.
All Products are covered by the manufacturer’s standard warranty and, for Customers who are consumers (individuals purchasing the goods for purposes extraneous to any business or professional activity performed, or not identifying a VAT number in the order form), also the legal warranty for defects in conformity, referred to in Articles 128-135 Italian Legislative Decree No. 206/2005. In order to request assistance under the warranty, the Customer must retain the invoice it will receive via e-mail in electronic PDF format.
The manufacturer’s standard warranty is provided in accordance with the procedures illustrated in the documentation present in the Product packaging. If, following an intervention by an Authorised Support Centre, the defect is found not to be covered by the manufacturer’s standard warranty, the Customer will be charged any costs of verification and restoration requested from the Authorised Support Centre, along with any transportation costs incurred by Italimpianti Orafi Spa
The legal warranty in favour of the consumer Customer covers defects in conformity, existing at the time of delivery of the goods, that have manifested within two years from the delivery of the goods. The defect of conformity must be communicated, under penalty of forfeiture, within two months from the date upon which the consumer discovered the defect by way of communication sent to Italimpianti Orafi Spa Via Provinciale di Civitella 8, Badia al Pino – 52041 (AR), Italy or via the Website. The action against the seller is prescribed in any case to the term of two years from delivery of the goods. In the case of a defect in conformity, the consumer Customer is entitled to the restoration, without cost, of conformity of the goods by repair or replacement, or an appropriate reduction in price and termination of the contract in accordance with the provisions of Art. 130 of Italian Legislative Decree No. 206/2005.
Having received the communication, Italimpianti Orafi Spa Customer Services will contact the Customer to communicate the return procedures and number to be indicated on a copy of the form, already sent in advance, to be sent with the Product. Italimpianti Orafi Spa will proceed to send its own courier to collect the Product without additional costs for the Customer. The Product must be returned by the Customer, if possible in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.).
The affixing of labels or sticky tape on the original packaging of the Product should be avoided in all cases. Once the Product returned by the Customer has been checked, Italimpianti Orafi Spa will proceed to replace or repair it and will ship the Product itself, subject to the provisions of Art. 130 Italian Legislative Decree No. 206/2005. If, following an intervention by an Authorised Support Centre, it is ascertained that the defect reported does not equate to a defect in conformity in accordance with Articles 128 et seq of Italian Legislative Decree No. 206/2005, the Customer will be charged any costs of verification and restoration requested from the Authorised Support Centre, along with any transportation and customs costs incurred by Italimpianti Orafi Spa
The Customer may, at its own discretion, use any additional discounted services offered by Italimpianti Orafi Spa under the conditions and with the limits and procedures set out by the same each time.