Right of withdrawal
DL updated (n ° 206/2005)
Art. 5. Exercise of the right of withdrawal
1. The consumer has the right to withdraw from any distance contract, without any penalty and without specifying the reason, within fourteen working days starting: a) for goods, from the day of their receipt by the consumer if they are the obligations referred to in Article 4 have been satisfied or from the day on which they have been satisfied, if this occurs after the conclusion of the contract provided that no later than three months from the conclusion itself; b) for services, from day of the conclusion of the contract or from the day on which the obligations referred to in Article 4 have been satisfied, if this occurs after the conclusion of the contract as long as no later than three months from the conclusion itself.
2. In the event that the supplier has not fulfilled the obligations referred to in Article 4, the deadline for exercising the right of withdrawal is three months and starts: a) for the goods, from the day of their receipt by part of the consumer; b) for services, from the day of the conclusion of the contract.
3. Unless otherwise agreed between the parties, the consumer cannot exercise the right of withdrawal provided for in paragraphs 1 and 2 for contracts: a) for the supply of services whose execution has begun, with the consent of the consumer, before the expiry of the ten-day term provided for in paragraph 1; b) for the supply of goods or services whose price is linked to fluctuations in the financial market rates that the supplier is unable to control; c) for the supply of packaged goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly; d) the supply of audiovisual products or computer software sealed, opened by the consumer; e) the supply of newspapers, periodicals and magazines; f) betting and lottery services.
4. The right of withdrawal is exercised by sending, within the prescribed period, a written communication to the geographic address of the supplier's headquarters by registered letter with acknowledgment of receipt. The communication can be sent, within the same term, also by telegram, telex and facsimile, provided that it is confirmed by registered letter with acknowledgment of receipt within the following 48 hours. Alternatively, you can send a communication via PEC to the address: email@example.com
5. If the goods have been delivered, the consumer is required to return them or make them available to the supplier or the person designated by him, with original packaging suitable for sale. The deadline for returning the goods cannot in any case be less than ten working days from the date of receipt of the goods.
6. The only expenses 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 provided for in the distance contract.
7. If the right of withdrawal is exercised by the consumer in accordance with the provisions of this article, the supplier is required to reimburse the sums paid by the consumer. The reimbursement must be made free of charge, in the shortest possible time and in any case within thirty days from the date on which the supplier became aware of the consumer's right of withdrawal.
8. If the price of a good or service, which is the subject of a distance contract, is wholly or partially covered by a credit granted to the consumer, by the supplier or by third parties on the basis of an agreement between them and the supplier, the contract of credit is understood to be resolved by law, without any penalty, in the event that the consumer exercises the right of withdrawal in accordance with the provisions referred to in the previous paragraphs. The supplier is obliged to communicate to the third party granting the credit that the consumer has exercised the right of withdrawal. Any sums paid by the third party who granted the credit for payment of the good or service up to the moment in which he is aware of the consumer's right of withdrawal are reimbursed to the third party by the supplier,
COSTAUTO SRLwill accept the returned goods, reserving the right to verify that the products have been returned in their original state and with their packaging intact.It is advisable and strongly recommended to cover the original packaging of the product with other protective packaging that preserves its integrity and also protect it from writing or special labels. The right of withdrawal lapses in its entirety when the "essential condition of integrity of the good" (packaging and / or its contents) ceases, in cases where the lack of the original external / internal packaging is ascertained; the absence of integral elements of the product (cables, hooks, parts, ...); a use of the product such as to make it impossible to restore the conditions pre-existing to the sale. In the event of forfeiture of this right,
The address for sending the registered letter for the exercise of withdrawal and the goods to be returned is:
VIA RUBINACCI, 19
80040 CERCOLA (NA)
For any legal dispute that may arise between the parties to this contract, the Court of Nola (NA) and / or the Justice of the Peace of Sant'Anastasia (NA) will be competent.