Right of withdrawal d.lgs. n.21 of February 21, 2014
The customer (consumer), who purchased products through this shop, has the right to withdraw from the contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) calendar days. The 14 days start from the day of the conclusion of the contract or from the day of delivery of the goods.
This right is reserved exclusively to natural persons (consumers), therefore it cannot be exercised by legal persons and natural persons who act for purposes related to their professional activity.
To exercise the right of withdrawal, the customer must:
The essential integrity of the products to be returned is an essential condition for exercising the right of withdrawal. The products must not have been damaged or altered or used partially. It is not possible, for example, to use a shampoo for a few days and then take advantage of the right of withdrawal and ask to return it.
The law provides for some exceptions to the right of withdrawal.
A hypothesis in which the consumer cannot withdraw from the purchase made occurs when he purchased online “sealed goods that do not lend themselves to be returned for hygiene reasons or related to health protection and were opened after delivery”. What are these goods? For example, cosmetics.
An exception to the right of withdrawal can be justified by the nature of the purchased goods, due to which it is necessary to pack an asset for hygiene or health protection needs.
If a customer opens the packaging these needs can be compromised; the asset risks not being able to be used by another person anymore, and therefore cannot be sold again by e-commerce to another customer.
According to the Court of Justice in such cases the right of withdrawal is excluded only if, once its packaging has been opened, the good contained “it is no longer definitively in a condition to be marketed, for reasons of hygiene or connected to health protection, since it is impossible or excessively difficult, due to the very nature of this asset, that the professional adopts measures that allow it to be put up for sale again without this harm one or other of these needs.”
The customer must return the goods, using a carrier of his choice and at his own expense, to the address of IKONA Cosmetics Italia in via via M. Saccani, 2 – 42023 Cadelbosco di Sopra (RE). Once the withdrawal has been exercised, the customerhas the obligation, within 14 days o return the goods purchased and no longer wanted.
In case of exercise of the right of withdrawal, the seller, having received the goods, checked that the same is intact, complete with all its parts, with the original packaging completely intact and without any damage, will refund the customer the amount paid, excluding the costs of returning the goods, in the shortest possible time and, in any case, within 14 days from the date on which the seller became aware of the customer’s exercise of the right of withdrawal.
The seller will refund the customer the full amount paid by the same, the price of the product plus delivery costs in the following ways: bank transfer; PayPal refund; or other method agreed and confirmed with the customer himself.
In case of partial withdrawal for the purchase of multiple products, the transport costs will not be refunded. In the event that the transport costs were free for certain promotions, the cost of € 5 for the transport will be retained.
Procedure for adhering to the right of withdrawal
1. The Consumer has the right to withdraw from the distance contract without any penalty and without communicating the reason within the term of 14 calendar days from the day of receipt of the goods certified by the coupon signed by the courier.
2. The right of withdrawal is exercised by sending, within the deadline set in point 1, a written communication by E-mail to the address [email protected] or registered A/R sent to:
IKONA Cosmetics Italia – Via M. Saccani, 2 – 42023 Cadelbosco di Sopra (RE)
The following information must be traceable in the text of this communication:
a) Name and surname of the Customer
c) Reference to the transport document number
d) The will to withdraw from the purchase
e) Description of the returned goods and relative amount paid
3. The purchased good for which you intend to take advantage of the right of withdrawal must be intact, in perfect condition and returned in its original complete packaging in all its parts.The right of withdrawal does not apply to sealed consumable products that are opened by the consumer. The customer has the obligation, once the right of withdrawal has been expressed, to return the goods purchased and no longer wanted within 14 days.
IKONA Cosmetics Italia does not accept the return in the following cases:
- Product not intact: product damaged, altered, used or opened when sealed
- The product is not sent in the complete original packaging in all its parts
In these cases there will be no refund. The customer will be contacted within 2 working days to define what to do with the returned package. If the customer decides to get the returned product back, he will have to take charge of the collection at the IKONA Cosmetics Italia office, by sending the courier’s waybill by email to [email protected] if he chooses to collect it by courier .
4. By law, the shipping costs for the return of the goods are charged to the customer, under which the full responsibility falls until the certificate of receipt c / o its headquarters by IKONA Cosmetics Italia, which will not respond in any way for any damage, theft or loss for uninsured returned shipments.
Upon arrival, the goods will be examined to assess any damage or tampering (e.g. use even for trial purposes). If the lack of integrity of the returned goods is recognized, the right of withdrawal is lost. IKONA Cosmetics Italia will contact the customer for agreements.
If the goods have been damaged during transport, IKONA Cosmetics Italia will promptly notify the Customer (2 working days from the date of receipt at our office) to allow him to make a timely complaint against the courier chosen by him and obtain reimbursement of the value of the asset (if insured).
In this case, the product will be made available to the customer for its return and at the same time the withdrawal request will be canceled, as our company can no longer dispose of the product.
5. If the right of withdrawal is exercised in accordance with the provisions of Legislative Decree n.21 of February 21, 2014 referred to in the previous points, IKONA Cosmetics Italia will refund the amount paid by the Customer for the goods returned. This refund will take place in the shortest possible time and in any case no later than 14 calendar days from the date of receipt of the returned goods. We inform our kind customers that the refund will be made with the same payment method they used at the time of purchase:
– Credit back to the bank account in case of payment by bank transfer or cash on delivery
– Cancellation of the transaction in case of payment by credit card.
We therefore invite the kind customers to indicate the bank details directly on the withdrawal notice at the time of sending the same by email or registered mail in order to speed up the refund procedure. We remind our Customers that from 1 January 2008, in compliance with European interbank directives, it is mandatory to use the IBAN code also for national transfers. Therefore it will be necessary to communicate the aforementioned IBAN code to obtain a refund of the amounts paid.