Right of withdrawal
The Buyer which is a consumer has the right of withdrawal from the Sale Contract provided for by the Italian Codice del Consumo (D.Lgs. 206/2005) and modifications of D.Lgs. 21 febbraio 2014 n. 21 with the following rules:
The Buyer is granted a period of 14 (fourteen) days to withdraw from the Sale Contract without any reason and at no cost except for those included in article 56, paragraph 2, of the Codice del Consumo and article 57 of the Codice del Consumo.
Without prejudice to article 53 of the Codice del Consumo, the withdrawal period expires after fourteen days from the date on which the Buyer or third party other than the carrier and indicated by the Buyer acquires physical possession of the goods or:
1) in case of multiple goods ordered by the Buyer in a single order and delivered separately, from the day in which Buyer or a third party, excluding the carrier and designated by the Buyer, acquires the property of the last Product;
2) in case of goods made in lots or multiple pieces, from the day in which Buyer or a third party, excluding the carrier and designated by the Buyer, acquires the property of the last lot or piece;
3) in case of recurring delivery contracts during a specified period of time, from the day the Buyer or a third party, excluding the carrier and designated by the Buyer, acquires the property of the first Product;
Exercise of the right of withdrawal from the Sale Contract
Before the end of the right of withdrawal period, the Buyer must inform Maketank of his/her/its decision to exercise the right of withdrawal from the Sale Contract. For this purpose, the Buyer may use the withdrawal form available here or may send any explicit declaration of his/her/its decision to withdraw from the Sale Contract.
The Buyer shall have exercised his/her/its right of withdrawal within the withdrawal period referred to in section 52, paragraph 2, and section 53 of the Consumer Code if the communication concerning the exercise of the right of withdrawal is sent by the Buyer before that withdrawal period has expired.
Effects of withdrawal
The exercise of the right of withdrawal shall terminate the obligations of the parties
Maketank agrees to refund all the payments received by the Consumer including the expenses of delivery, without undue delay and in any case within 14 (fourteen) days from the day it was informed of the decision of the Buyer to withdraw from the Sale Contract, pursuant to section 54 of the Consumer Code. This reimbursement must be done by the same means of payment used by the Buyer for the initial transaction, unless the Buyer had expressly agreed otherwise and they do not bear any costs.
If the Buyer has expressly opted for a type of delivery other than the least expensive type, Maketank is not required to repay the additional costs.
The Buyers are required, pursuant to the section 57 of the Consumer Code to return the goods or hand them to Maketank or a third party authorized by the Maketank to receive the goods without undue delay and in any event within 14 (fourteen) days from the date on which they notified to Maketank their intention to withdraw, pursuant to the section 54 of the Consumer Code.
The deadline shall be met if the Buyers send back the goods before the period of 14 (fourteen) days has expired.
The Buyers shall bear the costs of returning the goods.
The Buyers shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
The Buyers are not liable for the decrease of the value of the goods if Maketank omitted to inform them about their right of withdrawal according to section 49, paragraph 1, le. H) of the Consumer Code.
The right of withdrawal is excluded in case of:
a) supply of goods or services custom made or clearly customized;
b) supply of sealed products that must not be returned due to do sanitary reasons or connected with personal health protection that have been opened after the delivery;
c) supply of goods that, after the delivery, are clearly inseparably mixed with other goods;
d) supply of sealed audio or video recordings that have been opened after delivery;
e) supply of digital content through an intangible support if the execution has started with the express agreement of the consumer that in that case the right of withdrawal would be null.
If the Buyer and Maketank reside, have the seat and/or are established in the same country, and the law of such country provides, by way of a mandatory provision, the right to withdrawal for distance contracts, such discipline shall integrate the Agreement.