Consumer Withdrawal and Returns Policy

GENERAL TERMS AND CONDITIONS OF SALE

CONSUMER POLICIES

WITHDRAWAL and RETURNS

COMPLAINTS AND LEGAL GUARANTEE OF CONFORMITY

 

These policies, provided pursuant to Art. 49 of the Consumer Code and Art. 12 of Legislative Decree No. 70 of 9 April 2003, lay down the conditions for the exercise of the right of withdrawal, returns and the legal guarantee of conformity, and are an integral part of the General Terms and Conditions of Sale, which may be found at General terms and condition of sale and which you are kindly requested to read carefully before placing your Order.

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  • Procedures for Withdrawal

1.1 In accordance with Article 52 et seq. of the Italian Consumer Code, the User/Consumer shall have the right to withdraw (the “Withdrawal”) from the contract for the purchase of Products entered into with the Seller, without any penalty and without having to provide any reason, within fourteen (14) days from the day on which it received the Products purchased on the Platform accessible from the Website www.sinesia.com, in accordance with the terms set out below. In the case of a separate delivery of several Products ordered by the User/Consumer in a single Order, the period of fourteen (14) days for the exercise of the right of withdrawal starts from the day on which the last Product was delivered.

1.2 In accordance with Article 54 of the Italian Consumer Code, the User/Consumer may exercise the right of Withdrawal through any one of the following methods:

  1. online transmission of the withdrawal form to the Seller, fully filled in, in accordance with the template provided pursuant to Article 49, paragraph 1, letter h) of the Consumer Code, which can be accessed and downloaded at this link (Annex 1); in this case, confirmation of receipt of the User’s withdrawal notice shall be sent by e-mail to the address provided when placing the Order;
  2. transmission by post of the withdrawal form to the Seller, fully filled in, which can be accessed and downloaded at this link (Annex 1) and in accordance with the template provided pursuant to Article 49, paragraph 1, letter h) of the Consumer Code;
  • by sending another explicit statement expressing one’s decision to withdraw from the contract by post to the Seller.

1.3 For cases ii) and/or iii) under Art. 1.2 above, the User/Consumer’s notice shall be sent to the attention of Customer Service customercare@sinesia.com. In these cases, it is understood that the responsibility of proving the correct and timely exercise of the right of withdrawal shall lie with the User/Consumer.

1.4 Return. According to the provisions of Article 57 of the Italian Consumer Code, once Withdrawal has been exercised, the Products to be returned must be delivered to the courier within fourteen (14) days from the date on which the User/Consumer notified to the Seller its decision to withdraw from the contract.

1.5 In accordance with Art. 59 of the Consumer Code, the right of Withdrawal shall not apply if the User/Consumer has purchased Products that are clearly customised or that are not suitable for return for hygienic and/or health protection reasons and/or that have been opened after delivery.

  • Conditions for exercising the right of Withdrawal

2.1 In accordance with Article 52 of the Italian Consumer Code, the right of Withdrawal is deemed to have been properly exercised if the following conditions are fully met:

  1. the right of withdrawal must be duly exercised within fourteen (14) days of receipt of the Products by following one of the procedures indicated in Article 1 above;
  2. the Products must not have been opened and, in any case, must not be damaged and/or deteriorated and must meet the requirements set out in Article 4 below in relation to Product conformity checks;
  3. the Products must be returned in their original wrapping and/or box and/or packaging, with their accessories, instructions for use and anything else supplied with them;
  4. the Products must be delivered to the forwarding agent for return within fourteen (14) days of the User/Consumer notifying the Seller of its decision to withdraw from the purchase of the Products.

3) Costs and procedures for Returns

3.1 In accordance with the provisions of Article 57(1) of the Italian Consumer Code, the return costs shall be borne exclusively by the User/Consumer. Any packages returned at the recipient’s expense will not be accepted.

3.2 If the right of withdrawal is exercised, the Seller shall not be liable for the return transport costs or for any loss of or damage to the Products attributable to third parties. Any risk associated with the return of the Products shall be the exclusive responsibility of the User/Consumer, unless the User/Consumer can prove that it deposited the Products to be returned with a carrier.

3.3 If the User/Consumer has met all the conditions provided for in Article 2.1 above, the Seller, in accordance with Article 56 of the Consumer Code, shall provide a full refund of the Total Amount Due, the User/Consumer being responsible only for the costs of the Return, i.e. those for returning to the Seller the Products purchased pursuant to Article 1.4, unless the Seller has expressly exempted the User/Consumer from such costs at the time the Products were purchased.

4) Conformity checks on returned Products

4.1 The User/Consumer will be contacted at the e-mail address provided when placing the Order if the Return cannot be accepted because it fails to meet the conditions referred to in letters a) and e) of Article 2.1 above, or in the situation referred to in Article 59 of the Italian Consumer Code. In that case, the User/Consumer may choose to have the purchased Products sent back at its own expense. If they refuse this shipping cost, the Seller reserves the right to retain the Products and the amount corresponding to the Total Amount Due for the purchase of the Products.

4.2 All the Products must be returned unopened, in perfect storage conditions, with all protective materials and labels and stickers attached to the Products (if any), as well as their original packaging, accessories and documentation. If the Product has been opened or has been changed from its original condition in any way, the Seller reserves the right not to accept the Return. The Seller assumes no liability for Products returned by mistake or for items forgotten in packages or returned Products.

4.3 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the User/Consumer shall be calculated in proportion to the value of the Product being Withdrawn.

4.4 The User/Consumer shall only be liable for any decrease in the value of the Products resulting from handling the Product in way other than is necessary to check the Product’s nature, features and quality in accordance with the Product Sheet, as stated in the Order Confirmation. The Product shall be kept, handled and examined with the level of care to be normally expected and returned complete in all its parts, perfectly functioning, equipped with all accessories, instructions for use and anything else supplied with it, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it was intended and without signs of wear or soiling. Additionally, the right of withdrawal concerns the Product as a whole. Therefore, it cannot be exercised in relation to parts and/or accessories (which do not constitute products in and of themselves) of the Product.

5) Refund terms and procedures

5.1 After receiving the Return and checking that all the requirements provided for in Article 4 above have been met, the Seller shall refund the Total Amount Due paid by the User/Consumer for the Product, including the costs of Shipping, without undue delay and in any case no later than 14 calendar days from the day on which the User/Consumer notified its decision to exercise the Withdrawal to the Seller. The refund may be suspended until the Products are received or until the User/Consumer has proven that it returned the Products, whichever is earlier.

5.2 The refund amount provided for in Art. 5.1 shall be communicated by e-mail, to the same address as the Order Confirmation, as proof of acceptance of the Return and the Seller shall proceed to refund the Total Amount Due in full, except as provided for in Art. 3.

5.3 The refund shall be completed by using the same payment method employed for the original transaction, unless otherwise specified by the User/Consumer. Under no circumstances will the User be debited any amount as a consequence of said refund. The value date of the credited sum shall be the credit date. The time required to re-credit or refund of the sums paid to purchase the Products depends on the payment method used by the User/Consumer, in accordance with the provisions of the individual companies managing the payment means in question.

5.4 Regardless of the payment method used, the refund provided for in Article 5.1 shall be activated by the Seller as soon as possible, and in any case within fourteen (14) days from the date on which it became aware of the exercise of Withdrawal, once it has verified that the process of Withdrawal and the Return have met the conditions set out in the preceding Articles.

6) Complaints and non-conforming Products

6.1 Without prejudice to the legal warranty for the Products sold, pursuant to Art. 128 et seq. of the Italian Consumer Code, Gruppo Sinergia S.r.l., as seller of the Products, warrants that all the Products sold meet the conditions specified in the Order Confirmation, in terms of quantity and quality, for a period of two years from the delivery of the Products, and shall be liable towards the User/Consumer for any lack of conformity of the Product with these conditions at the time of delivery. In the event of a lack of conformity of a Product pursuant to Article 129 of the Consumer Code, the User/Consumer shall be entitled to have goods restored, without charge, by repair or replacement, until they meet the original conditions of conformity. If these remedies fail, the User/Consumer shall be entitled to an appropriate price reduction or to terminate the contract.

6.2 The User/Consumer shall be entitled to exercise the rights provided for in Article 6.1 if the Products are defective or otherwise do not comply with the Order Confirmation at the time of their receipt, provided that the same submits a notice of complaint over non-conformity of the Products (Complaint) within a period of two months from the date on which it discovered such non-conformity.

6.3 Products that have been repaired, modified or in any way altered by the User/Consumer are not covered by the legal guarantee of conformity.

6.4 In the event of a conformity defect duly reported in the Complaint, the User/Consumer shall be entitled (i) in the first instance, to have the Product repaired or replaced (whichever it prefers) free of charge, unless the solution requested is objectively impossible or excessively burdensome compared to the other, based on the specific circumstances of each case, considering the type of Product, and where this is possible depending on the number of Products still available for sale, or, (ii) in the alternative, to a proportional reduction of the Total Amount Due or to termination of the contract (whichever it prefers). This shall be the case, however, in cases where repair or replacement is impossible or excessively burdensome, or if the repair or replacement have not been made within a reasonable period of time, or where the repair or replacement have caused considerable inconvenience to the Consumer. The requested solution shall be deemed excessively burdensome if it entails unreasonable expenses for the Seller compared to alternative solutions, considering the value that the Product would have if the non-conformity did not exist, the extent of the non-conformity, the possibility that the alternative solution may be achieved without significantly inconveniencing the User/Consumer.

6.5 For practical information on how to exercise Returns and Complaints, Customer Service may be contacted at the addresses already indicated in the General Terms and Conditions of Sale, which is available here. The User/Consumer must follow the procedure for the return of damaged, non-conforming and/or defective Products that will be indicated by Customer Service; otherwise, the User/Consumer may not claim any refund or replacement of the Products in question. In order to be replaced, the Product, upon return to the Seller, even if defective, must be in its original package and/or box and/or packaging, with any accessories, instructions for use and anything else supplied with it. The return of the Product without its original box and/or packaging, accessories and documentation shall result in the Seller being unable to replace the Product. Customer Service may request information on the identity of the User/Consumer and carry out any check that may be useful. 

6.6 Where replacement of non-conforming Products takes place, once the Products returned by the User/Consumer have been received, the Seller shall check that the complaints are valid. If they are deemed valid, the Seller shall replace the defective, damaged or non-conforming Product and send it to the User/Consumer as soon as possible and in any case within 30 (thirty) working days from receipt of the Products. Shipping costs shall be borne entirely by the Seller.

If the Seller is not able to replace the Products within the aforementioned term, it shall immediately notify the User/Consumer at the e-mail address provided at the time of purchasing the Products.

If, after examining the returned Products, the Seller considers that the complaints are invalid, the User/Consumer shall not be entitled to a refund and the Products shall be returned to it at its expense.

 

 

STANDARD FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL

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