Right of withdrawal
The Consumer Customer has the right of withdraw without having to give any motivation.
The right of withdrawal is excluded in case of supply of customized goods, products on promotion or clearly personalised and in case of products, provided on the exclusive request of the customer, which are not present on our website lomuarredi.com.
The consumer cannot exercise the right of withdrawal for contracts for the supply of any non-prefabricated goods produced on the basis of an individual choice of the consumer, (the current legal wording states that the right of withdrawal cannot be exercised for "goods made on an individual choice or clearly customised"): the vast majority of the products in our catalogue fall into this category, for more information contact the Customer Service.
In the event that the right of withdrawal is exercised on a single product which, within a larger supply, has enabled with its value a discount, the promotion can no longer be applied.
The withdrawal has to be performed within a period of seven days starting from:
– the day in which the consumer or the third party, different from the carrier and assigned by the consumer, gains the physical possess of the goods;
– in the event of multiple goods ordered by the consumer through a single order and delivered separately, from the day in which the consumer or a third party, different from the carrier and assigned by the consumer, gains the physical possess of the last good;
– in the event of delivery of a good formed by multiple lotteries or pieces, from the day in which the consumer or a third party, different from the carrier and designated from the consumer, acquires the physical possession of the last lot or piece.
Before the expiration of the period of withdrawal, the consumer informs the trader of his decision to exercise the right of withdrawal from the contract through the sending of one written communication with the explicit declaration of his decision to withdraw from the contract.
The communication must reach Lomuarredi Ltd using alternatively one of the following ways:
– by e-mail to the addresses email@example.com
The consumer has exercised his right of withdrawal within the period of withdrawal if the communication referring to the use of the right of withdrawal is sent to the consumer before the expiration of the period of withdrawal.
The relative burden of proof to the exercise of the right of withdrawal in compliance with the present section falls on the consumer.
In case of withdrawal, unless the trader offered himself to collect the goods, the consumer gives back the goods or hand them to the trader or to a third party authorized to receive the goods by the trader, without any undue delay and in any case within fourteen days from the date in which he has communicated to the trader his decision to withdraw from the contract. The term is respected if the consumer sends back the goods before the expiration of the period of fourteen days. The consumer pays only the direct cost of the return of the goods (all the shipping costs). The shipping costs for returning a product vary, depending on quantity and country, from Euro 300.00 to Euro 1,500.00.
Goods must be given back perfectly intact and properly packed with the original packaging, equipped with all the eventual accessories, including technical and/or assembly instructions. The consumer is responsible for the reduction of the value of the goods deriving from a manipulation of the goods, different to the one necessary to establish the nature, the characteristics and the functioning of the goods.
Right of refund
Obligations of the trader in the event of withdrawal
1. The trader shall reimburse all payments received from the consumer, excluding the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract . The trader shall carry out the reimbursement referred to in the first sentence using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement. In the event that the payment is made by cheque or bill of exchange, if these have not yet been presented for payment they must be duly returned. Any provision which limits reimbursement to the consumer of amounts paid as a result of withdrawal shall be null and void.
2. Notwithstanding paragraph (1), the trader shall not be required to reimburse the supplementary costs.
3. Unless the trader has offered to collect the goods himself, with regard to sales contracts, the trader may withhold the reimbursement until he has received the goods back.