Returns and Refunds Guarantee
on the website www.marikadepaola.it we pay close attention to the security of your online purchases: for this we use certified electronic payments, accurate packaging and we insure shipments.
Returns and Refunds
According to the provisions of the Consumer Code, Legislative Decree n.206/2005 as well as the latest amendment Legislative Decree n.219/2016, with reference to distance contracts or contracts negotiated away from business premises, there is the possibility for of the Buyer - consumer to exercise, pursuant to art. 52, the so-called right of withdrawal or change of mind, i.e. to return the purchased good to the Seller and obtain the consequent reimbursement of the purchase price, within a period of fourteen (14) working days from receipt of the goods, without having to provide any reason and without having to bear costs other than those provided for in art. 56, paragraph 2 and 57.
The right of withdrawal applies only to natural persons - consumers, who act for purposes that can be considered unrelated to their commercial activity. The Professional Customer cannot, in any case, take advantage of any right of withdrawal.
Method of withdrawal: The Customer has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within fourteen (14) days of receipt of the products. The withdrawal must be expressed by registered letter with acknowledgment of receipt to be sent to the following address: Marika De Paola Srl Via Cesare Battisti 53 cap 41121 Modena
Or by PEC to the following box: firstname.lastname@example.org
Once the communication has been received, the Seller's Customer Service will forward instructions on how to return the goods to the Customer. The right of withdrawal is subject to the following conditions:
The law applies to the product purchased in its entirety; it is not possible to exercise the withdrawal only on part of the purchased product.
By law, the shipping costs relating to the return of the goods are charged to the customer.
If, the Customer who has made a return on an order with free transport (since at the moment there was a promotion in progress: zero transport costs), with the return the Buyer will be charged for the transport costs previously paid, reversing them from the amount to be reimbursed.
The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the Customer.
The Seller is not liable in any way for damage or theft/loss of goods returned by uninsured shipments.
In the event of damage to the goods during transport, the Seller will notify the Customer of the incident (within 5 working days), to allow him to file a complaint against the courier and obtain any reimbursement. In this case, the product will be made available to the Customer for its return at the same time as canceling the request for withdrawal.
The Seller will refund the Customer the full amount already paid, within 30 days of the return of the goods, after checking the state of conservation. The refund does not include transport costs, both those incurred for the original shipment of the goods and those for the subsequent return. Reimbursement will be made by transferring the amount charged to the credit card or by bank transfer. It will be the Customer's responsibility to provide the bank details on which to obtain the refund.
The right of withdrawal is lost entirely, due to lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where the Seller ascertains:
- The lack of the external packaging and/or wrapping containing the purchased product as most of them are fragile products;
- Damage to the product for reasons other than its transport. In the event of forfeiture of the right of withdrawal, the Seller will return the purchased goods to the sender, charging the shipping costs to the sender.
Pursuant to art. 59 of the consumer code there are exceptions to the right of withdrawal, in this case the Seller cannot be applied: “1. The right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to: ... c) the supply of made-to-measure or clearly personalized goods, d) if the goods risk deteriorate, e) if the sealed goods, opened after delivery, do not lend themselves to being returned for hygienic or health protection reasons, f) in the case of supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods ... and finally the products which, in the opinion of the Seller, are used".
Since 15 February 2016, a new platform managed by the European Commission has been active online, the ODR (Online Dispute Resolution), aimed at allowing EU citizens to resolve any dispute relating to and/or deriving from contracts for the sale of goods and services in a non-judicial manner stipulated online. To lodge a complaint, you can connect to the following site: www.ec.europa.eu/consumers/odr
The ODR platform is designed to facilitate communication between the trader-Seller, the Customer-consumer and a dispute resolution body. A dispute resolution body is an organization or impartial person who helps consumers and traders resolve disputes without going to court.
For more information, the Customer Service is at your complete disposal.
Pursuant to Title III, Chapter I, Articles 128 et seq. of the Consumer Code, the legal guarantee of conformity applies to the sale of the products. The Customer has the right to restore, without charge, the conformity of the goods by replacement or to an adequate reduction of the price or the termination of the contract. The Seller is responsible, in accordance with article 130, when the lack of conformity occurs within two years of delivery of the goods. The consumer forfeits the rights provided for by article 130, paragraph 2, if he does not report the lack of conformity to the Seller within two months from the date on which he discovered the defect. The action aimed at asserting the defects not fraudulently concealed by the Seller and is prescribed, in any case, within the term of twenty-six months from the delivery of the goods.
All products marketed by the Seller are covered by the 24-month legal guarantee of conformity for lack of conformity.
To use the warranty, the Customer must deliver the invoice (or DDT) that he received together with the purchased goods.
The conventional guarantee of the manufacturer of the goods, if provided by the latter, is present in the internal packaging and indicates the methods for being able to use it. If, following intervention by an Authorized Assistance Center, the defect is not covered by the manufacturer's standard warranty, the Customer will be charged for any costs of verification and recovery requested by the Authorized Assistance, as well as any transport costs.
- The 24-month warranty pursuant to Legislative Decree n.24/02 applies to products that present a lack of conformity, provided that the same is used correctly, in compliance with its intended use and as provided in the documentation attached technique. This guarantee, in accordance with Legislative Decree no. 24/92, is reserved only for the private consumer (natural person who purchases the goods for purposes not related to his professional activity, or makes the purchase without indicating in the order form a VAT number reference). In the event of a lack of conformity, the Seller shall restore the conformity of the product by means of repair/replacement or a reduction in price, at no cost to the Customer, until the termination of the contract. If, following intervention by an Authorized Assistance Center, a lack of conformity should not result in accordance with Legislative Decree n.24/02, the Customer will be charged for any costs of verification and recovery required by the Authorized Assistance , as well as transport costs if incurred by the Seller
Replacements in the event of DOA (Dead On Arrival: product not working when first switched on), subject to the existence of the conditions for the application of Legislative Decree no. 24/02, will be carried out only if expressly provided for by the manufacturer. The timing of replacement or repair of the product depends exclusively on the manufacturer.
In the event that, for any reason, the Seller is unable to replace a product under warranty (restored or replaced), he may proceed, with the prior consent of the Customer, to replace the product itself (if still in the price list) or with another same features and value.
No damages can be requested from the Seller for any delays in carrying out repairs or replacements of products under warranty.
In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc…); to limit damage to the original packaging, it is recommended, when possible, to place it in a second box; the affixing of labels or adhesive tapes directly on the original packaging of the product should be avoided in all cases.