According to the Italian Legislative Decree n° 206/2005 ("Codice del consumo", Italian Consumer Code), the right to withdraw may be applicable with exclusive relation to those customers who can be defined as “consumers”, meaning individual persons who purchase for purposes unrelated to their professional or commercial activities. Such right is also excluded for resellers and, in general, persons who, for whatever reason, buy in order to sell to third parties, as well as for those purchasers who require customizations on the products.
The consumer has the right to withdraw from the contract within 14 days without specifying any reason. Such period of time starts: a) in case of a sales contract, from the day the customer or a third person appointed by the customer (not the courier) materially takes delivery of the goods; b) regarding a single sales contract for multiple items separately shipped, from the day the consumer or a third person appointed by the customer takes material delivery of the last purchased good; c) in case of a sales contract related to an item formed by different parts or multiple components, from the day the consumer or a third person appointed by the customer takes material delivery of the last purchased part or component.
How to exercise the right to withdraw?
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired
Instructions for completion:
To Musicarte Srl
Via d’antona 6/q
Fax: +39 071 741261
For a better management of the withdrawal procedure, the communication shall specify the order number, the code of purchase and the refund method, if different from the payment method. Anyway it is strongly suggested that the customer contacts Musicarte Customer Service, so that we can provide every information on how a correct withdraw procedure should be opened. Please note that in case of promotional operations, meaning when an item is sold toghether with another good which price is extremely low or that comes for free, the withdraw will be legitimately exercised by returning both the goods.
The right to withdraw is excluded for: a) purchasing of personalised or customized goods, b) purchasing of sealed audio or video material or softwares, when they have been opened after the delivery, c) contracts stipulated during a public auction, d) purchasing of digital contents on non-phisical memory, when the customer has accepted the loss of the right to withdraw.
Effects of withdraw
If the consumer withdraws from this contract, Musicarte shall reimburse all payments received in execution of the contract, including the costs ofdelivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than theleast expensive type of standard delivery offered by us, without undue delay and in any event not later than 14 days fromthe day on which Musicarte has been informed about the decision to withdraw from the contract. Musicarte will carry out suchreimbursement using the same means of payment used for the initial transaction, unless expresslyagreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement.
Musicarte may withhold reimbursement until the goods are received back or until the consumer has supplied evidence ofhaving sent back the goods, whichever is the earliest.
Return of the goods
If the withdraw is exercised after receiving the purchased goods, the customer shall return them at his own expenses without delay and in any case within 14 days from the comunication of the intention to withdraw. The deadline is met if the shipment is made before the expiration of the aforesaid term. When an item, due to its nature, cannot be shipped by standard postal or express services, Musicarte s.r.l. will manage the return process by charging a maximum amount of € 30,00. The consumeris only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Anyway, returned goods shall be placed into a proper additional packaging so that there’s no risk of damaging during the transport.
Times of refund
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this con-tract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Instructions for completion:
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.