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RIGHT OF WITHDRAWAL

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Right of withdrawal

The reference legislation

The right of withdrawal is governed by the Consumer Code, in article 52 and following. of Legislative Decree 206 of 2005, according to which:

2. Without prejudice to article 53, the withdrawal period referred to in paragraph 1 ends after fourteen days from:

a) in the case of service contracts, from the day of conclusion of the contract;

b) in the case of sales contracts, from the day on which the co“1. Without prejudice to the exceptions referred to in Article 59, the consumer has fourteen days to withdraw from a distance or off-premises contract without having to give any reason and without having to incur costs other than those provided for in Article 56, paragraph 2, and article 57. The consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods or:

1) in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good;

2) in the case of delivery of goods made up of multiple lots or pieces, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece;

3) in the case of contracts for the periodic delivery of goods during a certain period of time, from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the first good;

c) in the case of contracts for the supply of water, gas or electricity, when they are not offered for sale in a limited volume or in a determined quantity, district heating or digital content not supplied on a tangible medium, from the day of conclusion of the contract .

3. The parties to the contract can fulfill their contractual obligations during the withdrawal period. However, in the case of contracts negotiated away from business premises, the professional cannot accept, by way of consideration, bills of exchange which have a maturity of less than fifteen days from the conclusion of the contract for service contracts or from the acquisition of physical possession of the goods for sales contracts and cannot present them for discount before this deadline.”

Differences between the right of withdrawal provided for in the Civil Code and that provided for in the Consumer Code

The right of withdrawal governed by the Consumer Code presents different elements compared to the case regulated by the Civil Code, in art. 1373: "1. If one of the parties has the right to withdraw from the contract, this right can be exercised until the contract has had a principle of execution. 2. In contracts with continuous or periodic execution, this right can be exercised also subsequently, but the withdrawal has no effect for the services already performed or in progress. 3. If the provision of a consideration for the withdrawal has been stipulated, this takes effect when the service is performed. 4. It is without prejudice to any case the opposite agreement". Therefore, the parties are allowed to escape this general discipline, as they will be able to agree and include other elements in the contract, such as a greater guarantee for the exercise of the withdrawal. Again from a point of view of the law, withdrawal is also a means of contesting the validity of the transaction, in the event of defects in the contract or default by the other party.

Finally, the right of withdrawal regulated by the Consumer Code is aimed exclusively at the consumer, who is guaranteed complete protection as he is considered the weaker party to the contract.

Right of withdrawal: how it works

To exercise the right of withdrawal from the contract, the consumer must communicate this intention to the seller, who, having received this communication, will have to refund the price, which will take place using the same payment method used for the purchase. In some cases, the seller will offer the possibility of replacing the goods with other products of the same price.

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