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Returns and Refunds Policy

1. Right of withdrawal

The User, who qualifies as a Consumer (also referred to as the “Consumer User”), has the right to withdraw from the Contract, without any penalty and without specifying the reason, within a period of 14 days from the date of receiving the Products.

In the case of multiple purchases made by the Consumer User with a single order and delivered separately, the 14-day period starts from the date of receiving the last Product.

The Consumer User who intends to exercise the right of withdrawal must communicate it to the Seller through explicit declaration, which can be sent by registered mail with acknowledgment of receipt or via certified email to the address indicated in Article 1 above or to a different address subsequently communicated to the Consumer User by the Seller.

In accordance with Article 57 of Legislative Decree 206/2005 (Consumer Code), in the event of exercising the right of withdrawal, the Consumer User is required to return the goods within 14 days from the day on which they communicated their intention to withdraw from the Contract to the Seller.

The merchandise must be returned to the Seller at the address indicated in Article 1 above.

In any case, any and all costs related to the return of the Products are the responsibility of the Consumer User.

The Products must be returned intact, in their original packaging, complete in all their parts (including packaging, labels, etc.), and complete with the attached tax documentation. Subject to the right to verify compliance with the above, the Seller will refund the amount of the Products subject to withdrawal, including any shipping costs, within a maximum period of 14 days from receiving the withdrawal communication from the Consumer User.

The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts, it is not possible to exercise the withdrawal only for part of the purchased Product, unless otherwise agreed between the Seller and the Consumer User.

As provided in Article 56 paragraph 3 of Legislative Decree 206/2005 (Consumer Code), as amended by Legislative Decree 21/2014, the Seller may withhold the refund until the receipt of the Product(s) or until the Consumer User has provided evidence of having returned the Products to the Seller.

The Seller will carry out the refund using the same payment method chosen by the Consumer User at the time of purchase. The Seller may use a different payment method only if the Consumer User agrees to such a change.

If the methods, conditions, and terms for exercising the right of withdrawal, as specified in this article, are not respected, the Consumer User will not be entitled to a refund of the amounts already paid. In this case, the Consumer User may recover the Products at their own expense in the condition in which they were returned to the Seller. Otherwise, the Seller may retain the returned Products, in addition to all sums already paid by the Consumer User for the related purchase.

The right of withdrawal is expressly excluded with reference to Contracts concluded between the Seller and the User who qualifies as a Professional (also referred to as the “Professional User”).

2. Warranties

For each Product purchased by a Professional User, the latter will benefit from the warranty for defects in the sold item as provided for in Articles 1490 and following of the Civil Code; the action of the Professional User to assert the warranty for defects prescribes one year after the delivery of the purchased Product, and the related defects must be reported within the terms set out in Article 1495 of the Civil Code.

For each Product purchased by a Consumer User, the latter will benefit from the free legal warranty of conformity provided for in Articles 128 and following of Legislative Decree 206/2005 (Consumer Code). The Seller’s Legal Warranty applies to defects of conformity that manifest themselves within 24 months from the date of delivery of the Product and that are reported by the Consumer within 2 months from the date of discovery of the defects, in accordance with Article 132 of the Consumer Code. In the case of a defect of conformity, the Consumer User has the right to have the Product restored to conformity, without charge, through repair or replacement, or to an appropriate reduction in price or to the resolution of the Contract. The Consumer User will retain the rights arising from the Legal Warranty described above, regardless of the subscription of other conventional warranties, whether free or paid.

There is a “defect of conformity” when the purchased Product:

  • is not suitable for the use for which goods of the same type are normally used,
  • does not conform to the description given by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model,
  • does not have the usual qualities and performance of a good of the same type, taking into account any declarations made in advertising or labeling,
  • is not suitable for the particular use intended by the consumer if brought to the attention of the seller at the time of purchase.

In any case, the User, whether a Consumer or a Professional, will not have the right to any type of warranty in relation to any Product or component identified as defective if, except where otherwise provided for and in accordance with applicable law:

  • the Products have been repaired or altered by persons other than the Seller or any other authorized entity; and/or
  • the defect of conformity of the Product or Products has manifested itself beyond the period of 2 (two) years from the delivery of the Product itself and/or the related request for repair or replacement of the defective Product or Products has been sent more than 2 (two) months after the discovery of the defect for the Consumer User; the Professional User has not complied with the prescription and forfeiture terms provided for in Article 1495 of the Civil Code; and/or
  • the defects are due (in whole or in part) to improper use, misuse, storage, or maintenance or any installation carried out by persons other than the manufacturer, the Seller, or any other authorized entity – or without observing the instructions provided with the Products delivered; and/or
  • at the time of the conclusion of the Contract, the User was aware of the defect and could not have ignored it with ordinary diligence; and/or
  • the defect of conformity arises from instructions or materials provided by the User.

The User is expressly informed and acknowledges that any and all further warranties on the part of the Seller (such as, by way of example, commercial warranties, etc.) are excluded.

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Phone:
+39 0577306018

E-mail:
info.instant@toscanita.it

Office:
Via Pier Capponi,99
50132 Firenze

Operational Headquarters:
Strada Provinciale Colligiana, 27
Località Il Casone
53035 Monteriggioni (SI)