Right of withdrawal
Right of withdrawal
Pursuant to art. 52 and ff. of the Italian Consumer Code, the Consumer Customer has the right to withdraw from the Product purchase contract without incurring costs other than those directly incurred in returning the goods, as provided for in this section and without having to provide any reasons, within fourteen calendar days ("Withdrawal Period") starting:
- in the case of an order for a single Product, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires the material possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires the material possession of the last Product;
- in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires the material possession of the last lot or piece.
In compliance with the provisions of art. 59 of the Italian Consumer Code, the Consumer Customer cannot exercise the right of withdrawal in the cases referred to in the same article 59.
In the event that, one of the legal hypotheses applying, the right to withdraw is not applicable, this exclusion will be specifically and expressly communicated in the Product Data Sheet and during the purchase process in any event, before the user takes steps to forward the order.
Procedures for withdrawal
To exercise the right of withdrawal, the Customer must inform Kartell, before the expiry of the Withdrawal Period, of its decision to withdraw. To this end, the Customer can:
- use the online return form in the order history for registered users or from the link "track your order" in the footer of the Site and by selecting the return request button on the product/s concerned; the reason for the return will be asked via the drop-down menu and, if necessary, more information such as photos of the product. Following receipt of the return request, Kartell will promptly send the Customer confirmation of receipt of the Online Declaration of Withdrawal by email, with the relative time references (date/time of receipt);
- submit any other explicit declaration of its decision to withdraw from the contract ("Declaration of Withdrawal"). The Declaration of Withdrawal must be sent to the following addresses: by registered mail to Kartell, Via delle Industrie, 1 - 20082 Noviglio (MI). In the event that the Customer makes use of the Declaration of Withdrawal, they are invited to indicate in the Declaration of Withdrawal the order number, the Product(s) for which they intend to exercise the right of withdrawal and their address.
Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the Customer, it is in the Customer's interest to use a durable medium when communicating their withdrawal to Kartell.
Returning the product in case of withdrawal
The Product, properly packaged and protected, must be sent to Kartell at the Customer's expense without undue delay and in any case within 14 calendar days from the date on which the Customer informed Kartell of their decision to withdraw through a carrier of the customer's choice.
The Consumer is liable for any diminished value of the goods only where that results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods. The Product may be tried, tested or checked but must not have been used; it must therefore be kept adopting normal diligence and returned intact, perfectly suitable for its intended use and free from signs of wear or dirt, completely assembled, accompanied by all accessories and leaflets, with identification tags and labels (where present) still attached to the Product and intact and not tampered with.
The Products sold on the Site are original and are shipped in their authentic packaging; when returning them, the Products must be returned as received, possibly in their original packaging, and including any accessories (e.g. cables, batteries, manuals, etc.) and/or elements that form an integral part thereof.
Furthermore, the withdrawal applies to the Product in its entirety. It cannot be exercised in relation to parts and/or accessories of the Product.
The Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal, are made available to the Customer on the Site before the conclusion of the contract, through the "Right of Withdrawal" link and attached to the "Order placed successfully".
Ineffectiveness of the withdrawal and charges to be borne by the Customer
In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and/or the Product is not returned intact, completely assembled and/or accompanied by its accessories and/or elements that form an integral part thereof (e.g. cables, batteries, manuals, etc.), it will not result in the termination of the contract and, consequently, will not give the right to a refund of the amount paid by the Customer for the Product. Kartell will notify the Customer by email within 5 working days of receipt of the Product, rejecting the request for withdrawal. If the Product has already been received by Kartell, it will retain it in order for the Customer to collect it which must take place at the expense and under the responsibility of the Customer.
In the event that the Product for which the withdrawal has been exercised has diminished in value as a result of handling the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. Kartell will notify the Customer, by email, of the circumstances and the consequent reduced refund amount, within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, with the bank details for the payment of the amount owed by the Customer due to the diminished value of the Product.