1.1. Cases of exclusion of the
right of withdrawal
Pursuant to art. 59, paragraph 1, lett. d) and e)
of D. Lgs. 6 September 2005, n. 206 (Consumer Code), the right of withdrawal is
excluded in relation to:
The goods purchased by a non consumer Customer and/
or that requires invoice;
Goods that risk deteriorating or expire rapidly;
Sealed goods whose are not suitable
for return for hygienic or health protection reasons and which have been opened
after delivery.
With reference to the cases of exclusion of the
right of withdrawal listed above, the Customer, in particular, is informed and
accepts that among the Products that "risk to deteriorate or expire
quickly" include all food products, as the characteristics and qualities
of these types of Products are subject to alteration even as a result of
improper storage. Therefore, for reasons of hygiene and protection of
Users, the right of withdrawal is only applicable for products purchased on the
Website that can be returned to Giacomazzi Srl, intact in the respective seal,
and placed on the market without endangering the health of consumers.
1.2 Exercise of the right of withdrawal
The Customer may exercise the right of withdrawal,
pursuant to art. 52 and ss. of D. Lgs. 206/2005, in relation to specific
Products, other than those listed in paragraph 9.1 above, provided that these,
after delivery, have not been opened or their seals altered.
In cases where the exercise of the right of
withdrawal is allowed, the Customer has the right to withdraw from the purchase
contract for any reason, without any need to provide explanations and without
any penalty.
To exercise the right of
withdrawal, the customer must send to Giacomazzi Srl, within 14 days from the
date of delivery of the Products, a written communication by e-mail to the
following e-mail address customercare@giacomazzi1968.it with subject
"Exercise of the right of withdrawal" and:
attaching the withdrawal form (download the form);
expressly declaring its intention to withdraw and
providing the following additional information:
- the purchase order number and date,
- the date of delivery of the purchase order;
- the name and address of the Customer;
- the indication of an e-mail and telephone number
of the Customer;
- the code of the article or articles for which the
right of withdrawal is intended.
The right of withdrawal applies to the Product
purchased in its entirety; therefore, if the Product is composed of
several components or parts, the right of withdrawal cannot be exercised only
on part of the Product purchased.
Upon receipt of the communication of exercise of
the right of withdrawal, Giacomazzi Srl will provide to open a practice for the
management of returns and to communicate to the User the instructions on how to
return the Products, that will take place by courier indicated by Giacomazzi
Srl himself.
In case of exercise of the right of withdrawal
Giacomazzi Srl will refund the User the full amount of the returned Products,
within 14 days from the date on which the notice of withdrawal was received,
without prejudice to the right of Giacomazzi Srl to suspend the payment of the
refund until the actual receipt of the Products. The refund will be made
using the same payment method used by the User.