Rights of withdrawal and refund of the Consumer
11.1. The Consumer, as provided for in art. 52 paragraph 2 of the Consumer Code and without prejudice to what is provided for in art. 13 of these General Conditions, has the right to withdraw from the on-line sales contract stipulated, without any penalty and without specifying the reason within the term of 14 (fourteen) days. The withdrawal period expires after 14 days from the day:
(a) in the case of a contract for the sale of a single good (purchase of a single good) "from the day on which Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods";
b) in the case of a contract relating to multiple goods ordered by the Consumer in a single order (Purchase of several goods with the same 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
c) in the case of a contract for the delivery of goods consisting of multiple lots or pieces: from the day in which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece;
11.2. How to exercise the right of withdrawal: to exercise the right of withdrawal, the Consumer is required to inform the Seller of his decision to withdraw from this contract of sale online through an explicit statement to be delivered to the email address email@example.com.
11.3. To correctly exercise the right to withdraw, the Consumer must manifest his will to withdraw, in the manner indicated above, by sending the aforementioned declaration to the Vendor within the expiry date of the withdrawal period: the right to withdraw is considered correctly exercised if the communication relative to the exercise of the right to withdraw is sent to the Vendor before the expiry date of the withdrawal period. It is recalled that the burden of proof relating to the exercise of the right of withdrawal is on the Consumer;
11.4. The right of withdrawal is understood to have been exercised correctly if the following conditions are fully respected:
The products must not have been used
The products must be returned in their original packaging and sealed as in order; the products must have the state seal intact, in the same state in which the seal was at the time of shipment of the product by Cocktail House
The products must be delivered to the courier within 14 days from the submission of the request for withdrawal;
Products must not be damaged.
Effects of Consumer Withdrawal
12.1. If all of the aforementioned return conditions have been complied with, the Consumer who withdraws from the present online sales contract shall be reimbursed for all payments made in favor of the Seller, including delivery costs (except additional costs deriving from the possible choice of a type of delivery different from the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from the day in which the Seller has received the returned goods and has verified the integrity of the same as per the return conditions. Said refunds shall be made using the same means of payment used for the initial transaction unless the Consumer has expressly agreed otherwise; in any event, he shall not incur any costs as a consequence of said refund;
12.2. The reimbursement may be suspended until receipt of the goods or until the Purchaser demonstrates that the goods have been returned, whichever is earlier;
12.3. If the Consumer has received the goods subject of the on-line sales contract, he/she is obliged to return the goods to the addresses indicated in the appropriate section of the site, without undue delay and in any case within 14 days from the day in which the Consumer has communicated his/her withdrawal from the present online sales contract. The term is respected if the goods are returned before the expiry of the 14 days;
12.4 The actual cost of the return will still be related to the method of return chosen by the consumer (such as the carrier or type of shipment chosen);
12.5. If the Seller has not met the information requirements related to the existence of the right of withdrawal, how and when to return or collect the goods in case of exercise of the right of withdrawal, the deadline for the exercise of the right is 12 months after the end of the initial withdrawal period as indicated in the preceding paragraph. If the Seller provides the indicated information within 12 months after the end of the initial withdrawal period, the right of withdrawal shall end 14 days after receipt of the information by the Consumer;
12.6. With the receipt of the communication with which the Consumer communicates the exercise of the right of withdrawal, the parties (Seller and Consumer) are released from their mutual contractual obligations, without prejudice to the provisions of the obligations of the Consumer and the Seller previously mentioned.
Exclusions of the right of withdrawal of the Consumer
13.1. The Consumer Code provides for exclusions to the right of withdrawal for distance contracts and contracts negotiated away from business premises about:
- service contracts after the full performance of the service if the execution and 'started with the express agreement of the consumer and the acceptance of the loss of the right of withdrawal following the full performance of the contract of sale online by the Seller;
- the provision of goods or services whose price and 'tied to fluctuations in the financial market that the Seller is not' in control and that may occur during the withdrawal period;
- the supply of goods made to measure or personalized;
the supply of goods that are liable to deteriorate or expire rapidly;
- the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery;
- the supply of goods which, after delivery, are by their nature inseparably mixed with other goods;
- the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the online sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market that cannot be controlled by the Seller
- contracts in which the Consumer has specifically requested a visit by the Seller to carry out urgent repair or maintenance work if, on the occasion of such visit, the Seller provides services in addition to those specifically requested by the Consumer or goods other than spare parts necessary to carry out the maintenance or repairs, the right of withdrawal shall apply to such additional services or goods;
- the supply of sealed audio or video recordings or sealed computer software that has been opened after delivery;
- the supply of newspapers, periodicals, and magazines except for subscription contracts for the supply of such publications;
contracts entered into in connection with a public auction;
- the provision of accommodation for non-residential purposes, - the transport of goods, car rental services, catering services, or services relating to leisure activities where the contract provides for a specific date or period of performance;
- the supply of digital content using a non-material medium if performance has begun with the express agreement of the consumer and his acceptance that in that case, he would lose his right of withdrawal.
Liability and obligations of the Seller towards the Consumer: liability for defects, proof of the damage, and compensable damages
14.1. The consumer agrees to pay the price of the products in the manner and under the terms described above and to print and keep the order confirmation email;
14.2. Under art. 114 and following of the Consumer Code, the Seller is responsible for the damage caused by defects of the goods sold if it fails to communicate to the damaged party, within three months from the request, the identity, and domicile of the producer or the person who supplied him with the goods;
14.3. The above request, by the damaged party, must be made in writing and must indicate the product that caused the damage, the place, and date of purchase; it must also contain the offer to view the product if still existing;
14.4. The Seller shall not be held liable for the consequences of a defective product if the defect is due to the conformity of the product with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered as defective;
14.5. No compensation will be due if the damaged party was aware of the defect of the product and the danger arising from it and nevertheless voluntarily exposed himself to it. In any case, the damaged party will have to prove the defect, the damage, and the causal connection between the defect and the damage;
14.6. The damaged party may claim compensation for damage caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus principally used by the damaged party;
14.7. Damage to items as per art. 123 of the Consumer Code will, however, be indemnifiable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros);
14.8. In no case can the Purchaser be held responsible for delays or misunderstandings in the payment if he proves to have made the payment in the time and manner indicated by the Seller;
14.9. The Vendor shall not be held responsible for damages, losses, and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, as the Purchaser shall only have the right to a full refund of the price paid and any additional charges incurred.
Right of withdrawal of the seller.
15.1. To the vendor is recognized ex-art. 1373 c.c. right of recess ad nutum within the term of 14 days from the order confirmation. This withdrawal can be exercised by sending an email to the mailbox provided by the user during registration.
15.2. The user will be refunded all payments made to the Seller, including delivery costs, using the same means of payment used for the initial transaction.
Guarantees and methods of assistance to the Consumer
16.1. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist (a) they are suitable for the use for which goods of the same type are customarily used; (b) they conform to the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) have the usual quality and performance of goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, in particular in advertising or on the label; d) are also suitable for the particular use desired by the Consumer and which was brought to the knowledge of the Seller by the latter at the time of the conclusion of the contract and which the Seller has accepted, also by conclusive facts;
16.2. The Consumer loses any right if he does not report the conformity defect to the vendor within the term of two months from the date in which the defect was discovered. The denunciation is not necessary if the vendor has recognized the existence of the defect or has concealed it;
16.3. In any case, unless there is proof to the contrary, it is presumed that the lack of conformity which becomes apparent within six months from the delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity;
16.4. In case of lack of conformity, the Consumer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price, or termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller under art. 130, paragraph 4, of the Consumer Code;
16.5. The request must be made in writing, by registered letter with acknowledgment of receipt or by certified e-mail or electronic mail to the Seller, who will indicate his willingness to carry out the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, if the Seller has accepted the request of the Consumer, he shall indicate the method of shipment or return of the goods as well as the term provided for the return or replacement of the defective goods;
16.6. Should repair and replacement be impossible or excessively onerous, or should the Vendor not provide for the repair or replacement of the goods within the term referred to in the previous point or, finally, should the replacement or repair carried out previously have caused significant inconvenience to the Consumer, the latter may request, at his discretion, an appropriate reduction of the price or termination of the contract. The Consumer must in this case send his request to the Seller, who will indicate his willingness to carry out the same, or the reasons that prevent him from doing so, within seven working days from receipt;
16.7. In the same communication, where the Vendor has accepted the request of the Consumer, it shall indicate the proposed reduction in price or the modalities for returning the defective goods. In such cases, it shall be the responsibility of the Consumer to indicate the modalities for re-crediting the amounts previously paid to the Seller;
16.8. The Consumer may communicate to the Seller any complaints or request support and assistance by e-mail at the following addresses: firstname.lastname@example.org