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Abstract
The sale of product by Internet are subject to the law (D. Lgs. 22/05/1999 n.185) which regulates the matter of remote contracts, i.e. contract performed out of commercial shops. This rule sanction the right of withdrawal, i.e. gives to the consumer the possibility to return the article purchased and to obtain the reimbursement of the purchase cost. The right of withdrawal is reserved to natural person (consumers) , therefore cannot be exercised by legal and natural persons which are acting for purpose concerning the professional activity they are carrying on. Are therefore excluded from the right of withdrawal, the sales made by retailers and companies are therefore excluded from the right of withdrawal.
The right of withdrawal is still subject to the following conditions:
The right apply to product purchased in its entirety;
You can not exercise recess only on the product purchased;
The products must be returned complete: exercising the return right partially it’ s not possible;
Delivery expenses will not be refunded and are at the consumer's expenses.
Products must be returned integral, in their original box and with adequate external packaging.
The right of withdrawal is consented on condition that:
the product and the original outside/inside box are substantially integral;
the product is not damaged:
In the event that the return does not comply with this terms and conditions, you will not be entitled to any refund of sums already paid to GRACO S.n.c.; if the above requisitions are not satisfied, the products will be rejected and returned to sender with transport costs at his charge.
Arrangements for removal of equipment:
Send via E-mail to
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a communication containing a signed declaration to exercise the right of withdrawal, and any required information (name, surname, address, telephone numbers, e-mail, serial number, products you are returning and bank details). After that you must wait for the communication by e-mail of the Code of Authorization to Return (CAR) by GRACO S.n.c. and return it within 15 (fifteen) days. Upon its arrival at GRACO S.n.c., the goods will be examined to assess any damage or tampering. Instructions for the return shipment of GRACO S.n.c.. After activating the practice of withdrawal and having obtained the authorization code to return (CAR) for shipping, you must take all necessary precautions so as to protect the merchandise from any damage, or alteration. Once the merchandise has been received (and the contents inspected for integrity) GRACO S.n.c. will proceed, as quickly as possible, with crediting the Customer with the cost of the merchandise (as specified on invoice) and withholding, if necessary, any shipping costs incurred which will be irrevocably charged to the Customer.
GRACO S.n.c. reserves the right to reject the merchandise sent without following this procedure. Please highlight the Return Merchandise Authorisation number (RMA) on the packet and return it to :
Azienda Agricola Santa Maria
GRACO S.n.c. - C.da Pagliaravecchia, Km 1 - 71017 Torremaggiore (Fg)
You will pay all the expenses for the sending.
Extracts from Art. 5 of Legislative Decree 22 May 1999, n. 185 - Exercise of right of withdrawal
1) The consumer has the right to terminate any contract, without penalty and without specifying the reason, within 10 (ten) working days:
a) for the property, from the day of receipt by the consumer where they have been fulfilled the obligations of Article 4 of the D. Lgs 185/99, or from the day on which they have been met, if that occurs after the conclusion of the contract provided that no more than three months after the conclusion thereof;
2) If the supplier has not fulfilled its obligations under Article 4 of the Legislative Decree 185/99, the deadline for exercising the right of withdrawal is 3 (three) months and shall begin:
a) for the property, from the day of receipt by the consumer;
3) Unless otherwise agreed by the parties, the consumer may not exercise the right of withdrawal referred to in paragraphs 1 and 2 for the contracts of:
c) supply of goods made to measure or clearly personalized or ,for their nature, can not be returned or are likely to deteriorate or expire rapidly;
4) The right of withdrawal is exercised by sending, in time, a written communication to the geographic location of the supplier by registered letter with return receipt. The communication can be sent within the same period, including by telegram, fax, E-mail provided it is confirmed by registered letter with with return receipt within the following 48 hours.
5) if the products have been delivered, the consumer is required to return them or make them available to the supplier or the person designated by him, in the manner and timing set by the contract. The deadline for returning the property can not be less than ten (10) working days from the date of receipt of the property.
6) The only cost payable by the consumer for the exercise of the right of withdrawal in accordance with this article is the direct cost of returning the property to the sender, as expressly written in the contract.
7) If the right of withdrawal is exercised by the consumer under the provisions of this Article, the supplier is obliged to repay the sum paid by the consumer. The reimbursement should be free as soon as possible and in any event within 60 (sixty) days from the date when the provider became aware of the right of withdrawal by the consumer.
8) If the price of the products or services covered by a contract, either wholly or partly covered by a credit granted to the consumer, supplier or third parties under an agreement between them and the supplier, the credit is settled law, without any penalty, if the consumer exercises the right of withdrawal in accordance with the provisions set out in paragraphs. It requires the provider to disclose to third credit grantor the activity of the right of withdrawal by the consumer. Any amounts paid by the third that gave credit to the payment of goods or services until they have knowledge dell'avvenuto exercise of the right of withdrawal by the consumer shall be refunded to the third provider, without penalty, with the exception of the payment of interests accrued.
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