Who can and how to activate the withdrawal
The right of withdrawal is regulated by law if the customer (ie a person who buys goods for purposes not related to his professional activity, or does not make the purchase indicating in the order form a reference to VAT) has the right to withdraw from the purchase contract for any reason.
To exercise this right, the customer must send Man El.Service srl a communication within 10 working days from the date of delivery of the goods.
Such communication must be sent by RECOMMENDED with return receipt addressed to:
Man El.Service srl
Via Pittara, 46
10151 Turin (TO)
and must include the ORDER NUMBER associated with your request. To obtain this, simply consult the order receipt email received after your purchase.
Please note: customers who purchase with a VAT number cannot exercise the right of withdrawal.
Modalities of withdrawal
The right of withdrawal is subject to the following conditions (Article 67 of the Consumer Code):
- Where the goods have been delivered, the consumer is required to return them or make them available to the trader or to the person designated by him, in accordance with the terms and conditions set out in the contract. In any event, the time limit for returning the goods may not be less than 10 working days from the date of receipt of the goods. For the purpose of the expiration of the term, the goods shall be deemed to be returned at the time they are delivered to the accepting post office or freight forwarder.
- For contracts concerning the sale of goods, where 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 in any case sufficient that the property be returned in a normal state of preservation, as it has been kept and possibly used with the use of normal diligence.
- The only charges payable by the customer for exercising the right of withdrawal under this Article are the direct charges for returning the goods to the sender, where expressly provided for in the contract.
- Where the right of withdrawal is exercised by the consumer in accordance with the provisions of this Section, the trader shall be required to reimburse the sums paid by the consumer, including sums paid as a deposit. The refund must be made free of charge, as quickly as possible and in any event within 30 days of the date on which the trader became aware that the consumer was exercising his right of withdrawal. Amounts shall be deemed to be repaid on time if they are actually repaid, dispatched or credited with value date not later than the expiry of the term previously indicated.
- If 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 reimbursement to the consumer of sums paid as a result of the exercise of the right of withdrawal is null and void.
- Where the price of a good or service covered by an agreement as referred to in this Title is fully or partly covered by credit granted to the consumer, either by the trader or by a third party on the basis of an agreement between the latter and the trader, the credit agreement shall be automatically terminated, without any penalty, if the consumer exercises his right of withdrawal in accordance with the provisions of this Article. The trader is required to inform the third party granting the credit that the consumer has exercised his right of withdrawal. Any sums paid by the third party who has granted the credit for payment for the goods or services up to the moment when he has knowledge that the consumer has exercised his right of withdrawal shall be reimbursed to the third party by the trader, without any penalty, without prejudice to the payment of the legal interest accrued.
When the right of withdrawal lapses (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 shall not apply:
- a contract for the supply of foodstuffs, beverages or other household goods for normal consumption to a consumer's home, place of residence or place of work, supplied by means of frequent and regular rounds by distributors;
- a contract for the provision of accommodation, transport, catering or leisure services, where, at the time of the conclusion of the contract, the trader undertakes to provide these services on a given date or during a given period.
- Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for in Articles 64 and following in cases:
- for the supply of services the performance of which has begun, with the consumer's agreement, before the expiry of the period provided for in article 64 (1);
- the supply of goods or services the price of which is linked to fluctuations in financial market rates which the trader cannot control;
- for the supply of goods made to the consumer's specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
- for the supply of audiovisual products or computer software which have been sealed and opened by the consumer;
- supply of newspapers, periodicals and magazines;
- betting and lottery services.
For further information you can consult the text of the law available on the Ministry of Economic Development