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Withdrawal rights and rules for the return of goods
The entire withdrawal procedure is governed by the Consumer Code, which is laid out in four phases:
a) Obligation to give complete pre-contract information to the consumer on withdrawal issues.
Before the consumer is bound to a distance contract, MUSETTI furnishes to the consumer in a clear and comprehensible manner, the General Instructions for Withdrawals, which contain the information, conditions, terms and procedures for the exercise of such right, and information stating that the consumer will have to bear the costs of the return of goods in case of withdrawal. Lastly, MUSETTI will deliver to the CLIENT the sample letter for the exercise of withdrawal (so-called standard form) which, if necessary, the latter may edit, integrate, print and send via registered mail: the instructions are placed at the Client’s disposal on the Site before the conclusion of the contract, through the “Withdrawal Rights” and attached to the e-mail of Confirmation of Order Registration.
b) Exercise of withdrawal rights
In order to benefit from the option granted, the CLIENT must, before the expiry date of the withdrawal period, inform MUSETTI of the decision to exercise the right to withdraw from the contract. To this end the CLIENT may, as an alternative:
- - present any type of declaration explaining the decision to withdraw from the contract, indicating the order/invoice number, description and quantity of the products returned, in case of partial withdrawal, for which he/she intends to exercise the withdrawal right, his/her address and bank data for the reimbursement. The aforesaid written notification of withdrawal shall be sent to one of the following addresses in the following ways: registered mail with return slip addressed to Musetti S.r.l. Via G. Marcora 2/4 - 29010 Pontenure (PC) or via e-mail HYPERLINK "mailto:firstname.lastname@example.org"email@example.com or fax +39 0523692828. MUSETTI is obliged, upon receiving the communication, to confirm the receipt without delay, and furnish to the CLIENT the confirmation of receipt of the communication on a durable medium;
- - or use the WITHDRAWAL FORM referred to in annex I, part B of L. Decree 21/2014 (“Paper Withdrawal Form”) furnished by MUSETTI, and available on this link, and likewise attached to the e-mail of “Confirmation of Order Registration.” The duly compiled Paper Withdrawal Form must be sent via electronic means to MUSETTI, before the expiry of the Withdrawal Period, to the address or fax number indicated. The CLIENT will have exercised his/her withdrawal right within the Withdrawal Period, if the Paper Withdrawal Form is sent by the same, before the expiry of the withdrawal period: in this case MUSETTI communicates without delay to the consumer regarding the confirmation of the receipt of the Paper Withdrawal Form, on a durable medium.
- - Pursuant to Articles 52 and subsequent amendments of the Consumer Code, L. Decree no. 206 of 6 September 2005, the CLIENT in his/her position as a consumer is entitled to withdraw from the purchase contract of the Product without having to furnish any motivation and will receive the total reimbursement of the costs incurred (excluding forwarding costs) without any additional burden.
- -To exercise such right, the CLIENT will have to send a written communication WITHIN the term of fourteen (14) DAYS (“Withdrawal Period”) starting from the date of receipt of the products
In case of orders relating to a sole Product, from the day in which the client or a third party, other than the courier designated by the CLIENT, receives the Products; In case of multiple purchases performed by the CLIENT with a sole order and delivered separately, from the date of receipt of the last product; In case of an order relating to the delivery of a Product consisting in batches or multiple pieces, from the day in which the CLIENT or a third party, other than the courier, and designated by the CLIENT, receives the last batch or piece. For further information on withdrawal rights, you may contact the MUSETTI Client Service: Toll free number 800 298 911 Fax: +39 0523 692828 e-mail: firstname.lastname@example.org.
c) Reimbursement of the sales price
After the consumer has expressed the decision to proceed with the return of his purchase, MUSETTI is obliged to reimburse all the payments received on the occasion of the sale, excluding the standard delivery costs. To fulfill the reimbursement obligation, a term of not more than fourteen (14) days is given from the moment in which MUSETTI was informed by the CLIENT of the decision to withdraw: therefore, within such term MUSETTI shall proceed with the reaccreditation of the sums with the same procedures used by the consumer for the payment of the goods. The reimbursement sum will be at net of delivery costs. MUSETTI may, however, withhold the reimbursement up to the moment in which it receives the goods, or up to when the consumer has not demonstrated to have resent the goods, accordingly until when such situation has not been verified, and in every case with the limits given below.
The CLIENT is obliged to return the goods received, with undue delay within fourteen (14) days from the date in which he/she communicated to Musetti the decision to exercise the withdrawal right. The products subject to such withdrawal will have to be sent via ordinary postal package to the address: Musetti S.r.l. Via G. Marcora 2/4, 29010 Pontenure (PC).
The costs for the return are charged to the consumer, except when otherwise agreed on and provided that the consumer has been informed of such costs before the conclusion of the contract.
For contracts regarding the sale of goods, the essential condition for the exercise of the withdrawal right is the substantial integrity of the goods to be returned.
According to law, the CLIENT is solely responsible for the decreased value of the goods as a result of diverse handling other than those necessary to establish the nature, characteristics and functions of the goods themselves. The goods have to be returned whole, in the original packaging, complete in all its parts and accompanied by the attached tax documentation.
In case the withdrawal is not exercised compliantly to what is provided by applicable norms, and in particular, in cases where the Product is not whole in all its parts and/or accompanied by its accessories and/or elements that are integral parts of the product (for example: damaged products, irregularly packed and not completely packed products and sealed packs opened by the CLIENT, or where there are missing or damaged parts like elements, accessories, packaging material, boxes, documentation and/or other objects), this will not imply the resolution of the contract, and consequently, will not give any entitlement to reimbursement of what the CLIENT paid for the Product. Musetti will communicate this to the CLIENT via e-mail within 5 business days from the receipt of the Product, rejecting the request for withdrawal. The Product, if already sent to Musetti, will be kept and be at the CLIENT’s disposal for retrieval which will be charged to and under the responsibility of the CLIENT. In cases where the Product for which withdrawal right was exercised has suffered a loss in value due to handling of the goods that is not compliant with the necessary measures to establish the nature, characteristics and function of the products, the amount of reimbursement will be decreased by a sum equal to such loss of value. MUSETTI shall communicate this to the CLIENT via e-mail, within 5 business days from the receipt of the Product, furnishing to the same, in the case in which the reimbursement has already been paid, the bank data for the payment of the amount due from the CLIENT because of the Product’s loss of value.
Legal Guarantee of Conformity
MUSETTI is always obliged, pursuant to the Consumer Code, to deliver to the consumer goods that conform to the sales contract.
In case of the receipt of products that do not conform to the order, or are defective, or in case damaged during transport, the CLIENT is entitled, without costs, to the restoration of the conformity of the product through repairs or replacement of the product, and as an alternative, the other remedies provided by Art. 130 of the Consumer Code. In conformity with the provisions given in Title III, Part IV of L. Decree 206/2005 (so-called Consumer Code) MUSETTI guarantees that the products acquired on the Site had no conformity defects upon delivery of the product, and that may arise within two years from such delivery.
MUSETTI must be notified of the conformity defects, under penalty of annulment of the warranty, within two months from its discovery. A lack of conformity arises when a limitation or significant reduction of suitability in the use of the product occurs, in accordance with Art. 129 of the Consumer Code.
All defects arising from negligent or improper use of the product are not covered.
In order to use the Legal Guarantee, the defective product, if still covered by guarantee will have to be sent to the assistance center together with the purchase invoice and/or Bill of Lading that is, documentation that testify to the date of the purchase and delivery of the goods. It would thus be advisable for the CLIENT, for the purpose of this proof, to keep the purchase invoice which Musetti sends via e-mail in PDF format as well as the Bill of Lading or any other document that can attest to the date of the purchase and date of delivery.
In cases where a defective product purchased on the Site, is still covered by the Legal Guarantee, the CLIENT will have to send to MUSETTI a specific notification. In cases of defective or nonconforming products MUSETTI will arrange at its own expense, to retrieve the product according to the CLIENTS’ availability.
For any information to this regard, contact the Client’s Service (at the toll free number 800 298 911 or write an e-mail to email@example.com) that will give instructions on the next steps the CLIENT will have to take.
In cases where the repair or replacement are not possible or excessively expensive or if the salesman has not provided for the substitution or repairs within a reasonable term, the consumer may request a reduction of the price or the contract resolution, that will imply the return of the goods and the reimbursement of the price paid. If therefore, the defect is slight and there is no possibility or if excessively costly, there is no entitlement to the resolution of the contract.The seller is obliged to provide a remedy (repair or replace) requested by the consumer, but the seller may, however, propose to the consumer different solutions to solve the problem. The consumer, in such case, is free to accept the proposal or request one of the remedies expressly provided by the Consumer Code. Manufacturer’s Guarantee For all the products sold by Musetti, other than those of foods, in addition to the legal Guarantee provided for conformity defects, Musetti offers the CLIENT an ulterior guarantee, so-called “manufacturer’s guarantee” without any interference with the first: the Manufacturer’s Guarantee is of a voluntary nature and does not add, replace, limit or jeopardize, or exclude the Legal Guarantee. The CLIENT may avail of this guarantee only in connection with the producer. The duration, extension, also territorial, conditions and use modes, types of damages/defect covered and possible limitations of the Manufacturer’s Guarantee are indicated in the so-called guarantee certificate contained in the product’s package. If the product acquired is seen to have manufacturing defects and/or was damaged during transport, the CLIENT may request the substitution of the same within the mandatory term of ten (10) days from the receipt, under penalty of expiry of the guarantee, via telegram, or e-mail to the following address MUSETTI firstname.lastname@example.orgHYPERLINK "mailto:email@example.com", or through a telephone communication to the Client’s Service at the number 800 298 911. The CLIENT is obliged to return the defective or damaged product in its original package, whole in all its parts. In case of product return, the forwarding costs will be borne by MUSETTI. MUSETTI will thus provide for the substitution of the product with an identical one, or in case stocks have run out and after making an agreement with the CLIENT, with one of equivalent value. To make use of the assistance under guarantee, the CLIENT shall keep the invoice which he/she may print out by accessing the section "My account”: validity of the manufacturer’s guarantee is twenty-four (24) months from the purchase date. Once past the 24 months validity of the Manufacturer’s Guarantee, every intervention of repairs and/or replacement of components will be borne by the Consumer. As to the purchase of the coffee machines, the following provisions will hold. The guarantee validity is 24 months from the purchase date and is extended to all the mechanical and electrical parts. The guarantee does not cover repairs caused by: - faults caused by improper use or not compliant with the instructions - faults caused by limescale or by a nonregular descaling - faults caused by a usage with different voltage than that indicated - faults caused by modifications made internally by non-qualified staff - any damage due to transport without suitable packaging The parts retained to be defective will be replaced free of charge. The transportation costs will be charged to the buyer.