Right of Withdrawal
Unless an exception applies, the User may benefit from the right to withdraw from the contract within the period specified below (usually 14 calendar days) for any reason and without justification. Further information regarding the right of withdrawal can be found in this section.
Who benefits from the right of withdrawal
Unless one of the exceptions listed below applies, Users who qualify as European Consumers are entitled by law to withdraw from contracts concluded online (distance contracts) within the period specified below, for any reason and without justification.
Users who do not meet these requirements are not entitled to the rights described in this section.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User may use, alternatively, one of the following methods.
Digital method (pursuant to Article 54-bis of the Italian Consumer Code). The User may exercise the right of withdrawal directly within the Website, through the dedicated digital function, accessible in two ways:
- Registered Users: from the “My Account” area, in the orders section, by clicking on the withdrawal function available for each eligible order within the legal time limit;
- For all Users, including those who placed the order as a guest without registration: through the link “Exercise your right of withdrawal” available in the footer of the Website, which provides access to the dedicated page by entering the order number and the email address used for the purchase.
The procedure consists of two steps: (i) completion of the online withdrawal declaration and (ii) explicit confirmation through the dedicated confirmation function. The declaration is considered transmitted only after the second step. Following confirmation, the User will receive without undue delay an acknowledgement of receipt on a durable medium, containing the text of the declaration, the date and time of transmission.
Alternative methods. As an alternative to the digital method, the User may exercise the right of withdrawal by:
- sending an unequivocal communication of the intention to withdraw from the contract to the email address marketing@martinicabelts.it;
- using the model withdrawal form provided in Annex I, part B, of the Italian Consumer Code, downloadable here.
In order to comply with the withdrawal period, the User must send the withdrawal communication before the withdrawal period expires.
When does the withdrawal period expire?
- For purchases of goods, the withdrawal period expires 14 calendar days from the day on which the User or a third party — designated by the User and other than the carrier — takes possession of the goods.
- For purchases of multiple goods ordered together but delivered separately, or for purchases of a single good composed of multiple lots or pieces delivered separately, the withdrawal period expires 14 calendar days from the day on which the User or a third party — designated by the User and other than the carrier — takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
In case of withdrawal due to defective product: the Owner reimburses all payments received, including any delivery costs paid, to Users who have correctly exercised the right of withdrawal, as well as the costs of returning the defective product. However, any additional costs resulting from the User’s choice of a particular delivery method other than the standard, least expensive delivery method offered by the Owner shall remain the User’s responsibility.
In case of withdrawal for a non-defective product: the costs of returning the product remain the responsibility of the Customer.
The reimbursement will take place without undue delay and in any case within 14 calendar days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the reimbursement will be made using the same payment method used for the initial transaction.
… on contracts for the purchase of tangible goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorised by the Owner to receive them without undue delay and in any case within 14 calendar days from the day on which the User communicated the intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the carrier or another authorised person takes place before the expiry of the 14 calendar days period described above. The reimbursement may be withheld until receipt of the goods or until the User has provided evidence of their return.
The User is responsible for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
