Right of Withdrawal
1.14. Right of withdrawal
A) Pursuant to Articles 52 and following of the Consumer Code, if the Customer is a final Consumer (i.e. a natural person who purchases the goods for purposes not related to his/her commercial, industrial, artisanal or professional activity, or a user who has not entered the VAT number in the registration form having registered as a "Private individual"), he/she has the right to withdraw from the purchase contract without having to provide any reason and without having to bear costs other than those indicated under E) within 14 (fourteen) calendar days from the day in which the Consumer or a third party, other than the carrier and designated by the Customer himself/herself, acquires physical possession of the goods, or:
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in the case of multiple purchases, ordered by the Consumer through a single order and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last good;
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in the case of delivery of goods consisting of multiple lots or pieces, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last piece or lot;
B) The consumer exercises his right of withdrawal if the relevant communication is sent by him before the expiry of the withdrawal period, as indicated above. To this end, the User can send an email to info@articolidaregalonline.it or to mybagsrls@gmail.com.com presenting an explicit declaration of his decision to withdraw from the contract
C) The Consumer will promptly receive confirmation of receipt of the aforementioned declaration, via email, constituting proof of the valid exercise of the right of withdrawal.
D) It is reiterated that the Consumer exercises his right of withdrawal if the relevant communication is sent by him before the expiry of the withdrawal period, as indicated above.
In the event that the User makes use of the Withdrawal Declaration, he is invited to indicate the order number, the product for which he intends to exercise the right of withdrawal and his address.
Please note that the burden of proof relating to the valid exercise of the right of withdrawal lies with the User, so it is in his/her own interest to use a durable medium when transmitting the relevant declaration.
E) The User shall return the products using a carrier of his/her choice and at his/her own expense, without undue delay and in any case within 14 calendar days from the date on which he/she communicated his/her wish to withdraw from the contract.
The product, appropriately protected and packaged, must be sent to the indicated address
The return of the product takes place under the responsibility and at the expense of the User, who only bears the direct cost of returning the goods.
In the event of damage to the goods during transport, Mybag srls will inform the customer of the incident (within 5 working days of receiving the goods in the designated warehouses), to allow him to promptly file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured).
Mybag srls is not responsible for damage or theft/loss of goods returned with uninsured shipments.
F) B2Bires Srl will refund the payments received from the Consumer, possibly including delivery costs – excluding additional costs resulting from the Consumer's possible choice of a type of delivery other than (where permitted) standard delivery no later than 14 (fourteen) calendar days from the day on which Mybag srls was informed of the withdrawal.
The aforementioned refund will be made using the same means of payment used by the Consumer for the final transaction, unless the Consumer has expressly agreed otherwise and provided that he does not have to bear any costs as a consequence of the refund.
Payment, in the case of an order concluded with a bank transfer, is subject to the communication of the IBAN code and it will be the customer's responsibility, if they have not already communicated them by email, to promptly provide the bank details on which to obtain the refund: any delays in the refund attributable to the late or incorrect communication of the IBAN code cannot be contested to Mybag srls
G) Mandatory conditions for the right of withdrawal The right of withdrawal is subject to the following mandatory conditions:
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The Consumer User is solely responsible for the decrease in value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning;
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the good must however be stored, handled and inspected with normal diligence and returned intact, perfectly functional and complete in all its parts, including all accessories and information sheets, any identification signs, labels and disposable seals, where present, intact and still attached to the product. The product must be perfectly suitable for the use for which it is intended and free from signs of wear and dirt;
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the right of withdrawal applies to the entire product, and therefore cannot be exercised in relation to parts and/or accessories. More generally, it is necessary to return the product complete with all accessories and the original packaging, where present . In this case, to limit damage to the original packaging, we recommend, when possible, to insert it in a second box, and if possible, avoid attaching labels or adhesive tape directly to the original packaging of the product.
1.14.I) Withdrawal exercised in a manner that does not comply with the provisions of the law
In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not give rise to the termination of the contract and, consequently, will not give the right to any refund.
Mybag srls will notify the User via email within 5 working days of receiving the product.
The product will remain at Mybag srls available for collection by the User, who will have to do so at his own expense and under his own responsibility.
1.14.L) Case in which the withdrawal is exercised in accordance with the provisions of the law, but the consumer must be held responsible for the decrease in value of the goods
Pursuant to art. 57 paragraph 2 of the Consumer Code, the Consumer is responsible for the decrease in value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning.
In the event that he has exercised the right of withdrawal but must also be held responsible, for the aforementioned reasons, for the manipulation of the product, the refund amount will be reduced by an amount equal to this decrease in value.
Mybag srls will inform the User of the circumstance and the consequent reduced refund amount, by email, within 5 working days of receiving the product, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the User due to the aforementioned decrease in value.