RIGHT OF WITHDRAWAL, WARRANTIES AND COMPLAINTS

Right of Withdrawal

Pursuant to Articles 52 et seq. of the Italian Consumer Code (Legislative Decree No. 206/2005), any Customer acting as a consumer, namely a natural person purchasing goods for purposes unrelated to any business, commercial, craft or professional activity, has the right to withdraw from the purchase contract without giving any reason and without incurring any penalty within 14 (fourteen) days from the date on which the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the goods.

To exercise the right of withdrawal, the Customer must inform Sidermarine S.r.l. of their decision by means of an explicit statement sent through the contact details provided on the website or by any other written communication clearly expressing the intention to withdraw from the contract.

The withdrawal notice must be sent within 14 (fourteen) days from receipt of the goods.

Following the exercise of the right of withdrawal, the Customer shall return the goods without undue delay and in any event within 14 (fourteen) days from the date on which the withdrawal was communicated.

Products must be returned intact, complete with all accessories, technical documentation, manuals, original packaging and any promotional items received with the purchase.

The direct costs of returning the goods shall be borne by the Customer, unless the product delivered is defective, damaged during transport, or not in conformity with the order.

The Customer shall only be liable for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

Refunds

In the event of a valid withdrawal, Sidermarine S.r.l. shall reimburse all payments received from the Customer, including any standard delivery costs paid for the purchase, without undue delay and in any event within 14 (fourteen) days from the day on which it was informed of the Customer’s decision to withdraw from the contract.

The refund will be made using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed between the parties.

Sidermarine S.r.l. may withhold the reimbursement until the returned goods have been received or until the Customer has supplied evidence of having sent back the goods, whichever occurs first.

Exclusions from the Right of Withdrawal

Pursuant to Article 59 of Legislative Decree No. 206/2005, the right of withdrawal does not apply in the cases provided for by applicable law, including but not limited to:

  • goods made to the Customer’s specifications or clearly personalised;

  • goods manufactured or specially procured upon the Customer’s specific request and not intended for ordinary commercial sale;

  • goods liable to deteriorate or expire rapidly;

  • sealed goods which are not suitable for return for health protection or hygiene reasons and which have been unsealed after delivery;

  • goods which, after delivery, are inseparably mixed with other items;

  • sealed audio or video recordings or sealed computer software which have been unsealed after delivery;

  • newspapers, magazines and periodicals, except for subscription contracts;

  • any other cases provided for under Article 59 of the Italian Consumer Code.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

Addressee:

Sidermarine S.r.l.

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods:

Order Number: _______________________

Ordered on: _______________________

Received on: _______________________

Consumer's Full Name: _______________________

Consumer's Address: _______________________

E-mail used for the order: _______________________

Date: _______________________

Consumer's Signature (only if this form is submitted in paper format): _______________________

Legal Warranty of Conformity

The legal warranty of conformity provided for by Articles 128 et seq. of the Italian Consumer Code applies exclusively to Customers acting as consumers.

Under applicable law, the seller is liable for any lack of conformity existing at the time of delivery of the goods and becoming apparent within the period established by law.

In the event of a lack of conformity, consumers are entitled to the remedies provided by the Italian Consumer Code, subject to the conditions and limitations set out therein.

Proof of purchase must be retained in order to benefit from the legal warranty.

Purchases by Businesses and Professionals

For purchases made by professionals, companies, organisations or VAT-registered entities acting in the course of their business or professional activities, the provisions of the Italian Consumer Code do not apply.

In such cases, the relevant provisions of the Italian Civil Code concerning sales contracts and warranties for defects shall apply.

Manufacturer's Commercial Warranty

Where provided by the manufacturer, any commercial warranty shall be governed exclusively by the terms, conditions and limitations specified in the documentation supplied with the product.

Any manufacturer's commercial warranty is additional to and does not replace, limit or affect the rights granted to consumers under the legal warranty of conformity.

Should a technical inspection reveal that the reported defect is not covered by either the legal warranty or the applicable manufacturer's warranty, the Customer may be charged for any inspection, transport and handling costs incurred.

Complaints

For any complaint, request for information or assistance relating to orders placed through the website, Customers may contact Sidermarine S.r.l. using the contact details provided on the website.

Privacy

Personal data provided by Customers shall be processed in accordance with Regulation (EU) 2016/679 (GDPR), the applicable Italian data protection legislation and any other relevant laws concerning the protection of personal data.

Full details regarding the processing of personal data are available in the Privacy Policy published on the website.

The Data Controller is Sidermarine S.r.l.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with Italian law, including Legislative Decree No. 206/2005 (Italian Consumer Code), Legislative Decree No. 70/2003 concerning electronic commerce, and all other applicable national and European regulations.

For any dispute involving a consumer, jurisdiction shall lie with the court of the consumer's place of residence or domicile, where required by applicable law.

Where the Customer is not a consumer, exclusive jurisdiction shall be vested in the Court of Bari, Italy.

Consumers residing within the European Union may also make use of alternative dispute resolution mechanisms provided by applicable legislation.

Final Provisions

For all matters not expressly regulated herein, the provisions of the Italian Civil Code, the Italian Consumer Code, Legislative Decree No. 70/2003 and any other applicable national and European legislation governing e-commerce, consumer protection and distance contracts shall apply.

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