Right of withdrawal
Right of withdrawal
1. Right of Withdrawal
1.1 In reference to Legislative Decree 206/2005 and as provided by Legislative Decree no. 21 of 21 February 2014, the Customer has the right to withdraw from the contract without specifying the reason, within 14 calendar days, starting from the day of receipt of the purchased products.
1.2 As provided for by art. 59 paragraph 1 of Legislative Decree no. 21 of 21 February 2014, the right of withdrawal does not apply to the supply of goods:
- made to measure or clearly personalized (letter "c");
- sealed which are not suitable for return for hygiene or health protection reasons and have been opened after delivery (letter "e").
1.3 To withdraw from the contract, the Customer is required to inform Yomelley via any explicit declaration – email, post, registered mail, telephone, etc. – or by completing the withdrawal form (not mandatory) sent to the following addresses:
Your Personal Gift by Maffizzoli Alberto
Via Cavalier Angelo Bonomi, 134
25085 Gavardo (BS)
Phone: +39 0365 1906345
Email: info@yomelley.com
Within a period not exceeding 14 calendar days from receipt of the goods and must clearly indicate:
- Intention to want to make use of the right of withdrawal
- The name of the product or products you wish to return and the relative quantities
- The email address that Yomelley will use to communicate the status of the return
1.4 The Customer is required to return the products to Yomelley within 14 calendar days from when he communicated the request for withdrawal but only after having received written authorization from Your Personal Gift (within 3 calendar days from the Customer's notification of the right of withdrawal).
1.5 The packaging and integrity of the products to be returned during transport is the exclusive responsibility of the Customer, each product to be returned must be packaged correctly to be able to withstand standard or express shipping. If the Customer no longer has the original packaging or if the latter is in conditions not suitable to support a further shipment, the Customer is required to obtain packaging of equal or superior safety. Yomelley informs the Customer that products returned with open or torn packaging will not be accepted.
1.6 The Customer who has the right to withdraw will be refunded all payments made to Yomelley relating to the order and the product being returned, including delivery costs (with the exception of additional costs resulting from any choices made by the Customer for delivery methods or additional services other than standard delivery), without undue delay and in any case no later than 14 calendar days from the day on which Yomelley was informed of the Customer's decision to withdraw from this contract. The shipping costs for the return of the product, for which the Customer will use its own courier, are also excluded from the refund. Yomelley will not be held responsible for damage or loss caused during transport.
1.7 The Right of Withdrawal, in addition to compliance with the terms and conditions described in the previous points 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6, is deemed to be correctly exercised if the following conditions are also fully respected:
- the withdrawal communication must be correctly written and sent to Yomelley within 14 calendar days of receipt of the products;
- the products must not have been used, damaged or altered, please remember that the purpose of the right of withdrawal is to give the Customer the opportunity to examine the product as if it were in a shop, not to give away days of free use;
- sealed products must not be opened;
- products must be returned in their original packaging;
- returned products must be returned within 14 calendar days from the date on which the Customer correctly and completely requested the right of withdrawal (ref. point 1.2);
Yomelley informs the Customer that any defect or anomaly found on the returned products and reported by Yomelley as a dispute to the Withdrawal, if not previously reported by the Customer to Yomelley prior to or at the same time as the communication of withdrawal, will render any opposition by the Customer null and void.
1.8 If the Right of Withdrawal is exercised correctly by the Customer following the methods and terms indicated in this paragraph 1, Yomelley is required to refund any sums already collected for the purchase of the products (ref. Point 1.5)
1.9 If the methods and terms for exercising the right of withdrawal, as specified in this paragraph, are not respected, the Customer will not be entitled to a refund of the sums already paid to Yomelley or to the issuance of the requested credit; however, he/she may obtain, at his/her own expense, the products in the state in which they were returned to Yomelley. Otherwise, Yomelley may retain the products as a refund of expenses, in addition to the sums already paid for their purchase.
1.10 The right of withdrawal is not provided for purchases made by companies/professionals with VAT number.
2. Refund times and methods
2.1 After the return of the products, Yomelley will carry out the necessary checks relating to their conformity to the conditions and terms indicated in paragraph 1. In the event that the checks are concluded positively, Yomelley will send, via email, the relative confirmation of acceptance of the returned products.
2.2 Whatever the payment method used by the Customer, the refund is activated by Yomelley as soon as possible and in any case within 14 calendar days from the date on which Yomelley became aware of the exercise of the Customer's request for the right of withdrawal, after verifying the correct execution of the same and acceptance of the returned products.
2.3 If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercising the right of withdrawal, will be carried out by Yomelley, in any case, towards the person who made the payment.
3. Failure to Accept Goods
3.1 The courier will attempt to deliver the goods to the customer a maximum of two times, after which the goods will be put into storage at the courier's warehouse and it will be up to the Customer to collect the goods within and no later than 7 working days. Any new delivery attempts must be agreed with Yomelley and will result in the charging of additional delivery costs.
3.2 In the event that the customer is not available for delivery or requests particular methods and times not foreseen by the type of delivery purchased during the order phase, the goods will be returned to Yomelley with full storage and return costs charged.
3.3 The customer who completes an order, is aware that in any case and also in the case of payment on delivery (therefore with the possibility of withdrawing by not accepting the goods), the return shipment and any storage costs will still be invoiced following the return of the rejected goods. If the customer does not intend to pay these costs, Yomelley reserves the right to request the balance through legal action.
1. Right of Withdrawal
1.1 In reference to Legislative Decree 206/2005 and as provided by Legislative Decree no. 21 of 21 February 2014, the Customer has the right to withdraw from the contract without specifying the reason, within 14 calendar days, starting from the day of receipt of the purchased products.
1.2 As provided for by art. 59 paragraph 1 of Legislative Decree no. 21 of 21 February 2014, the right of withdrawal does not apply to the supply of goods:
- made to measure or clearly personalized (letter "c");
- sealed which are not suitable for return for hygiene or health protection reasons and have been opened after delivery (letter "e").
1.3 To withdraw from the contract, the Customer is required to inform Yomelley via any explicit declaration – email, post, registered mail, telephone, etc. – or by completing the withdrawal form (not mandatory) sent to the following addresses:
Your Personal Gift by Maffizzoli Alberto
Via Cavalier Angelo Bonomi, 134
25085 Gavardo (BS)
Phone: +39 0365 1906345
Email: info@yomelley.com
Within a period not exceeding 14 calendar days from receipt of the goods and must clearly indicate:
- Intention to want to make use of the right of withdrawal
- The name of the product or products you wish to return and the relative quantities
- The email address that Yomelley will use to communicate the status of the return
1.4 The Customer is required to return the products to Yomelley within 14 calendar days from when he communicated the request for withdrawal but only after having received written authorization from Your Personal Gift (within 3 calendar days from the Customer's notification of the right of withdrawal).
1.5 The packaging and integrity of the products to be returned during transport is the exclusive responsibility of the Customer, each product to be returned must be packaged correctly to be able to withstand standard or express shipping. If the Customer no longer has the original packaging or if the latter is in conditions not suitable to support a further shipment, the Customer is required to obtain packaging of equal or superior safety. Yomelley informs the Customer that products returned with open or torn packaging will not be accepted.
1.6 The Customer who has the right to withdraw will be refunded all payments made to Yomelley relating to the order and the product being returned, including delivery costs (with the exception of additional costs resulting from any choices made by the Customer for delivery methods or additional services other than standard delivery), without undue delay and in any case no later than 14 calendar days from the day on which Yomelley was informed of the Customer's decision to withdraw from this contract. The shipping costs for the return of the product, for which the Customer will use its own courier, are also excluded from the refund. Yomelley will not be held responsible for damage or loss caused during transport.
1.7 The Right of Withdrawal, in addition to compliance with the terms and conditions described in the previous points 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6, is deemed to be correctly exercised if the following conditions are also fully respected:
- the withdrawal communication must be correctly written and sent to Yomelley within 14 calendar days of receipt of the products;
- the products must not have been used, damaged or altered, please remember that the purpose of the right of withdrawal is to give the Customer the opportunity to examine the product as if it were in a shop, not to give away days of free use;
- sealed products must not be opened;
- products must be returned in their original packaging;
- returned products must be returned within 14 calendar days from the date on which the Customer correctly and completely requested the right of withdrawal (ref. point 1.2);
Yomelley informs the Customer that any defect or anomaly found on the returned products and reported by Yomelley as a dispute to the Withdrawal, if not previously reported by the Customer to Yomelley prior to or at the same time as the communication of withdrawal, will render any opposition by the Customer null and void.
1.8 If the Right of Withdrawal is exercised correctly by the Customer following the methods and terms indicated in this paragraph 1, Yomelley is required to refund any sums already collected for the purchase of the products (ref. Point 1.5)
1.9 If the methods and terms for exercising the right of withdrawal, as specified in this paragraph, are not respected, the Customer will not be entitled to a refund of the sums already paid to Yomelley or to the issuance of the requested credit; however, he/she may obtain, at his/her own expense, the products in the state in which they were returned to Yomelley. Otherwise, Yomelley may retain the products as a refund of expenses, in addition to the sums already paid for their purchase.
1.10 The right of withdrawal is not provided for purchases made by companies/professionals with VAT number.
2. Refund times and methods
2.1 After the return of the products, Yomelley will carry out the necessary checks relating to their conformity to the conditions and terms indicated in paragraph 1. In the event that the checks are concluded positively, Yomelley will send, via email, the relative confirmation of acceptance of the returned products.
2.2 Whatever the payment method used by the Customer, the refund is activated by Yomelley as soon as possible and in any case within 14 calendar days from the date on which Yomelley became aware of the exercise of the Customer's request for the right of withdrawal, after verifying the correct execution of the same and acceptance of the returned products.
2.3 If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in the event of exercising the right of withdrawal, will be carried out by Yomelley, in any case, towards the person who made the payment.
3. Failure to Accept Goods
3.1 The courier will attempt to deliver the goods to the customer a maximum of two times, after which the goods will be put into storage at the courier's warehouse and it will be up to the Customer to collect the goods within and no later than 7 working days. Any new delivery attempts must be agreed with Yomelley and will result in the charging of additional delivery costs.
3.2 In the event that the customer is not available for delivery or requests particular methods and times not foreseen by the type of delivery purchased during the order phase, the goods will be returned to Yomelley with full storage and return costs charged.
3.3 The customer who completes an order, is aware that in any case and also in the case of payment on delivery (therefore with the possibility of withdrawing by not accepting the goods), the return shipment and any storage costs will still be invoiced following the return of the rejected goods. If the customer does not intend to pay these costs, Yomelley reserves the right to request the balance through legal action.