I INVITE YOU TO VIEW THE ENTIRE INFORMATION DOCUMENT, AIMED AT CONCERNING THE CONSUMER'S RIGHTS AND OBLIGATIONS
Information concerning the exercise of the right of withdrawal
- pursuant to Art. 49, paragraph 4, -
LEGISLATIVE DECREE 21 February 2014, n "Implementation of Directive 2011/83/EU" Published in the Official Gazette of 11 March 2014, n°58
TERMS, METHODS AND CONDITIONS FOR EXERCISEING THE RIGHT OF WITHDRAWAL
Consumer:Alphaink S.r.l.: Professional/Distance Selling Company, as referred to in article 3, paragraph 1, letter c).
Goods: Any tangible movable good put up for sale on the Professional's Internet site.
Contract of sale: Any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price, including contracts having as their object both goods and services.
Distance contract: any contract concluded between the trader and the consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication until conclusion of the contract, including the conclusion of the contract itself.
The AGRICULTURAL PHARMACY, in accordance with the new provisions on consumer rights and the right of withdrawal of the same, introduced by Legislative Decree N°21 of 21/02/2014, published in the Official Gazette of 11 March 2014, n°58 and in force since 13.06.2014, informs and communicates the following:
1. the consumer has a period of fourteen days to withdraw from a distance or off-premises contract (ex art. 52, 1° paragraph) without having to provide any reason and without having to incur costs, with the express exception of:
a) shipping costs of the returned goods, to be borne exclusively by him, equal to the rates adopted by Poste Italiane Spa or other shipping companies (art. 56, 2° paragraph);
a) costs related to the decrease in the value of the goods caused by their use other than or exceeding what is strictly necessary to establish the nature, characteristics and operation of the same once received; any use exceeding the minimum allowed for the proof of the goods purchased è therefore charged to the consumer and will be deducted from the price initially paid to be refunded. Handling or use for the economic diminution of the product is understood to be when this represents a value greater than 1% of the lifetime of the product itself (art. 57, paragraph 2);
. 2. The withdrawal period referred to in paragraph 1, in accordance with the provisions of Article 52, paragraph 2, with express reference to the distance sales contract of goods, shall run from the time when the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods (in the case of multiple deliveries of goods/lots ordered by the consumer in a single order, the period shall run from the physical acquisition of the last good/lot). 3. Before the expiry of the withdrawal period, the consumer shall inform the trader of his decision to exercise his right to withdraw from the contract, using the form attached at the bottom of this webpage or submit any other explicit statement of his decision to withdraw from the contract and without giving any reason.
3. It should be noted that for this purpose, for the consumer, the date of dispatch of the communication shown on the shipping receipt is decisive (it is therefore advisable to send it by registered mail with return receipt or equivalent).
This is due to the fact that the burden of proof regarding the correct and timely exercise of the right of withdrawal lies with the consumer (ex art. 54, paragraph 4). The exercise of the right of withdrawal, once known by FARMACIA AGRICOLA, terminates the obligations to perform the contractual obligations that have arisen such as, by way of example, the delivery of goods not yet delivered and object of the same, single order.
No later than 14 days from the knowledge of the exercise of the right of withdrawal, FARMACIA AGRICOLA will reimburse all payments received by the consumer, including delivery costs that may be applied in addition to the sale price, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly requested otherwise in the letter concerning the right of withdrawal.
. If the consumer, at the time of purchase, has expressly chosen a type of delivery other than the least expensive type offered by the company, FARMACIA AGRICOLA is not obliged to reimburse the additional costs incurred in the event of exercising the right of withdrawal (ex art. 56, 2° paragraph).
FARMACIA AGRICOLA will withhold the refund until it has received the goods or the consumer has proved that he/she has returned the goods, whichever is the earliest.
. The return of the goods to FARMACIA AGRICOLA must take place, without undue delay and in any case within fourteen days from the date on which the consumer has informed FARMACIA AGRICOLA of his decision to withdraw from the contract; for this purpose, the date resulting from the shipping receipt counts. The consumer bears the direct cost of returning the goods, which is his sole responsibility.
. The goods sold by FARMACIA AGRICOLA are all normally returnable by post. In order to proceed with the return of the goods, it is necessary to generate an RMA service ticket. If you would like to send the goods back to us, please let us know at email@example.com and we will provide you with an RMA document with a unique code. This document should be printed, filled out and placed inside the packaging of the goods, together with a copy of the receipt or invoice for the purchase. In the absence of these documents, the return will be irrevocably refused by the laboratory and the goods will be returned to the sender. In contracts for the sale of goods concluded with FARMACIA AGRICOLA, the risk of loss of or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only at the moment when the latter, or a third party designated by him and other than the carrier, takes physical possession of the goods.
However, the risk is already transferred to the consumer at the moment of delivery of the goods to the carrier, if the carrier has been chosen by the consumer and this choice has not been proposed by FARMACIA AGRICOLA, without prejudice to the consumer's rights against the carrier. By virtue of the above, the obligations of the parties are summarised below; in any case, the consumer is invited to read the entire information document.
CONSUMER OBJECTIONS AND INCOMBENTS:
Exercise the right of withdrawal and, therefore, communicate it in writing no later than 14 days from the receipt of the goods purchased from FARMACIA AGRICOLA; for this purpose, the date of dispatch of the communication shall prevail;
Return the goods within a maximum of 14 days from the date on which you informed FARMACIA AGRICOLA of your decision to withdraw from the contract, stating that the return of the goods is an essential condition for reimbursement; for this purpose, the date of the shipping receipt will be taken into account and the proof of the timeliness of the return will be your sole responsibility;
To bear the costs of returning the purchased goods, which are at your sole expense and therefore non-refundable;
To bear the costs of decreasing the value of the goods for any use of the same in excess of what is strictly necessary to establish the nature, characteristics and functioning of the same once received; any use exceeding the minimum allowed for the proof of the goods purchased is therefore at the expense of the consumer and will be deducted from the price initially paid to be refunded.
OBLIGATIONS OF THE PROFESSIONAL, AGRICULTURAL PHARMACY:
Deliver the goods purchased by the consumer without undue delay and at the latest within thirty days from the date of the conclusion of the contract (completion of the online purchase);
Guarantee to the Consumer payment expenses that do not exceed those incurred by the Professional himself, whatever the means of payment used; he may not, therefore, impose unjustified additional costs on the Consumer if he chooses a different means of payment, such as a credit card or Bancomat instead of cash;
Reimburse, no later than 14 days after learning of the exercise of the right of withdrawal, upon return of the returned goods, all payments received from the consumer merchant, excluding any delivery costs charged, using the same means of payment used by the consumer for the initial transaction, unless the latter has expressly requested otherwise in the letter concerning the right of withdrawal;
Withdrawal form - pursuant to Art. 49, paragraph 1, letter h -
(fill in and return this form only if you wish to withdraw from the contract, preferably by registered letter with return receipt or other equivalent means)
Area PIP lotto 113.1
83047 Lioni AV Object: Exercise of right of withdrawal
I, the undersigned, Mr/Mrs _______________ hereby give notice of and formally exercise my right of withdrawal from the contract of sale of the following goods:
--- Price paid including shipping costs
— Ordered on /received on ______ at the following address
--- Reason (possible and not mandatory for the consumer)