Right of withdrawal according to Legislative Decree no. 206/2005
- The right of withdrawal applies only to those goods mentioned in Legislative Decree no. 206 of 6 September 2005.
- The Buyer may cancel the contract concluded with no contractual penalty and without the need to give any reason within 14 (fourteen) days from receipt of the goods ordered.
- If the Buyer wishes to exercise its right of withdrawal, it must notify the Seller of this, expressly and unequivocally declaring its decision to withdraw from the contract. The burden of proof regarding the proper exercise of the right of revocation lies, in accordance with the provisions of this article, with the Buyer. The Buyer is also entitled, instead of making a written declaration, to exercise its right of withdrawal by returning the ordered goods, provided that this is done within the same time limits and in accordance with the conditions under Art. 12. The date of handover to a post office or a carrier will apply.
- The goods must be returned without delay and in any event no later than 14 (fourteen) days from the date on which the Buyer informed the Seller of its decision to revoke the contract. Claims for reimbursement of the full purchase price can in any case only be made if the goods are returned intact and are kept in a state that will permit due inspection of the condition, properties and functioning of the goods.
- The Buyer may not assert its right of withdrawal in the following cases: where goods are delivered that are made either to measure or are clearly according to individual customer specifications; where the nature of the goods prevents their return; where goods are perishable or the expiry date of the goods may be exceeded.
- In exercising the right of withdrawal in accordance with the provisions of this article, the Buyer will bear the costs directly associated with the return of the goods to the Seller.
- When exercising its right of withdrawal in accordance with the applicable provisions, the Buyer will be reimbursed for the amounts it has already paid; this does not apply to any additional costs incurred if the Buyer expressly chooses a different type of delivery than the best standard delivery offered by the Seller. Costs will be reimbursed promptly and in any event within 14 days of the date upon which the Seller was informed of the Buyer’s decision to exercise its right of withdrawal. The Seller is however entitled to refuse reimbursement until the goods have been returned to it or the Buyer has provided proof that it has returned the goods, according to whichever of the two situations arises first.
- Upon notification of the Seller by the Buyer of its intention to exercise the right of withdrawal, the parties will be released from their respective obligations; the provisions of this article will remain unaffected.
Express termination clause
- The obligations set out in Article 9 for the Buyer are material to this contract. It is therefore expressly agreed that failure to comply with even one of these obligations, unless due to chance or force majeure, will lead to the termination of the contract in accordance with Art. 1456 of the Italian Civil Code, without the need for a court judgment.
Notifications
- Except as expressly provided or as provided for by law, notifications sent between Seller and Buyer will preferably be made by e-mail to the respective e-mail addresses regarded by both parties as a valid means of communication; no objection will be permitted to their use in court solely on account of the fact that they are electronic documents.
- Notifications to the Seller made in writing and any complaints will only be valid if sent to the following address:
Martin Speck GmbH, San Lugano 3, I-39040 Truden (BZ), tel. +39 0471 887 263 – fax +39 0471 887 820, info [at] martinspeck.it, tax code/VAT no. IT 01698980214 - Both parties to the contract may at any time change their e-mail addresses used for the purposes set out in this article provided that they promptly notify the other party in accordance with the forms set out in the preceding paragraph.
Complaints
Complaints will only be accepted within a period of 5 (five) days from receipt of the goods.
The appearance, weight and properties of the goods may vary as they are natural products.
Retention of title
The goods will remain the property of Martin Speck GmbH until full payment of the purchase price is made.
