Chi può e come attivare il recesso?

The right of withdrawal is regulated pursuant to Legislative Decree. 206/2005 if the customer-consumer (ie a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form a reference to VAT number) has the right to withdraw from the purchase contract for any reason. To exercise this right, the customer must send a communication within 14 calendar days of receipt of the goods.

In case of return, the product(s) must be sent to:
Tostini S.r.l. REGISTERED OFFICE: Via Prov. Teggiano Polla – 84039 – Teggiano (SA) – Italy

and must contain the PRODUCT CODE and the accompanying invoice number. In case of exercise of the right of withdrawal, the Seller will refund all payments received from the Customer including any delivery costs incurred by the latter.

N.B.: Customers who purchase with VAT number cannot exercise the right of withdrawal

Modalità di recesso

The right of withdrawal is in any case subject to the following conditions (Article 67 of the Consumer Code): If the delivery of the goods has taken place, the consumer is required to return it or to make it available to the professional or the person designated by him, according to the methods and times provided for 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 purpose of expiring the term, the goods are considered returned when they are delivered to the accepting post office or to the shipper. For contracts concerning the sale of goods, if there has been delivery of the goods, the substantial integrity of the goods to be returned is an essential condition for the exercise of the right of withdrawal. it is however sufficient that the goods are returned in a normal state of conservation, as it has been kept and possibly used with the use of normal diligence. The only expenses payable by the consumer for the exercise of the right of withdrawal pursuant to 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 is obliged to reimburse the sums paid by the consumer, including the sums paid as a deposit. The refund must be made free of charge, as soon as possible and in any case within 14 calendar days from the date on which the professional became aware of the exercise of the right of withdrawal by the consumer. The sums are refunded within the terms if they are actually returned, shipped or re-credited with currency not later than the expiry of the previously indicated term. In the event that payment has been made by means of promissory notes, if these have not yet been presented for collection, they must be returned. any clause that provides for limitations on the reimbursement to the consumer of the sums paid as a result of the exercise of the right of withdrawal is void. Where the price of a good or service covered by a contract referred to in this Title is wholly or partly covered by a credit granted to the consumer, by the trader or by a third party on the basis of an agreement between the consumer and the trader, the credit agreement shall be deemed to have been terminated automatically, without penalty, in the event that the consumer exercises the right of withdrawal in accordance with the provisions of this Article. the professional is obliged to communicate to the third party granting the credit the exercise of the right of withdrawal by the consumer. Any sums paid by the third party who granted the credit for payment of the good or service until the moment in which he is aware of the exercise of the right of withdrawal by the consumer are reimbursed to the third party by the professional, without any penalty, without prejudice to the payment of the accrued legal interest.

When does the right of withdrawal lapse? (Article 55 of the Consumer Code)

The right of withdrawal provided for in articles 64 and following, as well as articles 52 and 53 and paragraph 1 of article 54 does not apply:
– contracts for the supply of food, beverages or other household goods for everyday consumption supplied to the consumer’s home, place of residence or place of work by distributors making frequent and regular rounds – contracts for the supply of services relating to accommodation, transport, catering, leisure, when at the time of conclusion of the contract the trader undertakes to provide such services on a specified date or in a predetermined period

Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for in Articles 64 et seq. in cases:
– the provision of services the execution of which has begun, with the agreement of the consumer, before the expiry of the period provided for in Article 64, paragraph 1
– the supply of goods or services the price of which is linked to fluctuations in financial market rates which the trader is unable to control
– the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly
– the supply of audiovisual products or sealed computer software, opened by the consumer
– supply of newspapers, periodicals and magazines
– betting and lottery services

For more information you can consult the text of the law available on the Ministry of Economic Development.