Who can and how to activate withdrawal
The right of withdrawal is regulated by law if the customer-consumer (i.e. a natural person who buys the goods for purposes not related to his professional activity, i.e. does not make the purchase by indicating in the order form a reference to VAT) is entitled to withdraw from the purchase contract for any reason.
To exercise this right the customer must send SHD Elettronica sas a communication within 10 working days from the date of delivery of the goods.
Such communication must be sent by registered mail with return receipt addressed to:
SHD Elettronica sas
Via Bisalta, 29
12100 Cuneo (CN) – Italia
and must quote the IDENTIFICATION NUMBER associated with your request.
Customers purchasing with a VAT number cannot exercise their right of withdrawal.
Modalities of withdrawal
The right of withdrawal is however subject to the following conditions (Article 67 of the Consumer Code):
- If the goods have been delivered, the consumer shall return them or place them at the disposal of the trader or the person designated by the trader, in accordance with the procedures and time limits laid down in the contract. The deadline for returning the goods may not be less than ten working days from the date of receipt of the goods. For the purposes of the deadline, the goods shall be deemed to have been returned when they are handed over to the accepting post office or to the forwarding agent.
- For contracts concerning the sale of goods, if the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for the exercise of the right of withdrawal. However, it is sufficient that the goods are returned in a normal state of preservation, in that they have been kept and possibly used with the use of normal diligence.
- The only costs payable by the consumer for exercising the right of withdrawal under this Article are the direct costs of returning the goods to the sender, where expressly provided for in the contract.
- If the right of withdrawal is exercised by the consumer in accordance with the provisions of this Section, the trader must reimburse the sums paid by the consumer, including any sums paid as a deposit. The reimbursement shall be made free of charge, as quickly as possible and in any event within 30 days from the date on which the trader has become aware of the consumer’s exercise of the right of withdrawal. The sums shall be deemed reimbursed within the time limits if they are actually returned, sent or credited with a value date not later than the expiry of the time limit indicated above.
- In the event that payment has been made by means of bills of exchange, if they have not yet been presented for collection, they must be returned. Any clause providing for limitations on the reimbursement to the consumer of sums paid as a consequence of the exercise of the right of withdrawal is null and void.
- Where the price of a good or service covered by a contract as referred to in this Title is wholly or partly covered by credit granted to the consumer, either by the trader or by a third party on the basis of an agreement between the trader and the consumer, the credit agreement shall be deemed to be cancelled automatically, without any penalty, if the consumer exercises his right of withdrawal in accordance with the provisions of this Article. The trader shall be required to inform the third party providing the credit of the consumer’s exercise of his right of withdrawal. Any sums paid by the third party who has granted the credit in respect of the goods or services up to the time when he becomes aware that the consumer has exercised his right of withdrawal shall be refunded to the third party by the trader, without any penalty, without prejudice to the payment of the statutory interest accrued.
When the right of withdrawal expires (Article 55 of the Consumer Code)
The right of withdrawal provided for in Articles 64 et seq. as well as Articles 52 and 53 and paragraph 1 of Article 54 shall not apply to:
- 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;
- contracts for the provision of services relating to accommodation, transport, catering or leisure, where the trader undertakes at the time of conclusion of the contract to provide such services on a specified date or within a specified period.
Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for in Articles 64 et seq. in the following cases:
- of supply of services where performance has begun, with the consumer’s agreement, before the expiry of the time limit provided for in Article 64 (1);
- provision of goods or services whose price is linked to fluctuations in financial market rates that the trader is unable to control;
- the supply of goods made to measure or clearly personalised or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
- the supply of sealed audiovisual products or computer software that have been opened by the consumer;
- supply of newspapers, periodicals and magazines;
- of betting and lottery services.
For more information you can consult the text of the law available on the Italian Ministry of Economic Development