Right of withdrawal

Right of withdrawal from distance purchase agreement, as of Italian legisl. decree nr. 206/2005

  1. The Buyer has a period of 14 days from effective delivery to withdraw from any online purchase contract effected through the Website, without giving any reason, or without incurring in any penalty, whatsoever. Such notice of withdrawal has to be effected by the Buyer to Tiroler Goldschmied GmbH Italy, 39019 Tirol, Schloßweg 3, by e-mail: tirol@tirolergoldschmied.it, fax 0039 0473 923 242 or traditional mail.
  2. Exercise by the Buyer of his right to withdraw from an online sales transaction, is possible if he wore the Product only for try-on, and if the Product is sent back to the Seller in its original condition, without defects and damage, with original packaging, certificate, and unbroken seal. Outside the scope of the right to withdraw are personalized Products and custom-made Products. Products that present engravings, may be accepted for withdrawal, at the sole discretion of the Seller.
  3. In addition, and at his own discretion, the Buyer can exercise his right of withdrawal also through the form attached to this General Conditions (Annex 1), reflecting the wording of part B of the Italian legislative decree nr. 21/2014.
  4. The Buyer shall have exercised his right of withdrawal within the withdrawal period referred to in article 10(1) above if the notice concerning the exercise of the right of withdrawal is sent by the Buyer before that period has expired. The burden of proof of exercising the right of withdrawal in accordance with this article shall be on the Buyer.
  5. The Buyer shall send back the goods without undue delay and in any event not later than 14 days from the day on which he has noticed his decision to withdraw from the online purchase contract to the Seller. The deadline shall be met if the Buyer sends back the goods before the period of 14 days has expired. The Buyer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the products. Consequently, the Buyer loses its right of withdrawal if he changes the products in any way.
  6. In case of exercise by the Buyer of the right of withdrawal, the Seller will reimburse all payments received from the Buyer within 14 days from receipt of notice of exercise of the right of withdrawal, except for supplementary costs, e.g. if the Buyer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Seller. In addition, Seller will take over the direct and reasonable costs related to the sending back of the products to the Seller’s premises.
  7. The Seller may withhold the reimbursement in art. 10.5 until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
  8. After receipt by the Seller of the notice of exercise of the right of withdrawal, either Party shall be released from all contractual duties, except the duties set out in this article 10.

 

Model withdrawal form