11.1 Without prejudice to that stated in Art. 11-bis.1 below, pursuant to Articles 52 and successive of the Consumer Code, the user who is in the position of consumer, has the right to terminate the purchase agreement for the Product without any need to provide grounds for same and without needing to meet costs other than those set down in Arts. 11.5 and 11.9 below, within the term of fourteen calendar days (“Cooling-off Period“). The Cooling-off Period expires after 14 days;
11.2 To exercise the right of withdrawal, the user shall inform DAUREKA SRL, before the expiry of the Cooling-off Period of the decision to withdraw.
11.3 To exercise the right of withdrawal, the user can:
(a) use the withdrawal form provided by DAUREKA SRL (“Model Withdrawal Form“), or
(b) present any other explicit statement of the decision to withdraw from the contract (“Declaration of Withdrawal“), for example, sending an email to firstname.lastname@example.org, stating the order number and the product for which the right of withdrawal is being used.
11.3-bis Without prejudice to sending the Online Withdrawal Form, the Model Withdrawal Form or Declaration of Withdrawal must be sent to the following address: DAUREKA SRL, Fibonacci 924 56031 Bientina (PI),
11.3-ter In all cases of exercising the right of withdrawal, regardless of the method used, DAUREKA SRL will send the user an email confirming receipt of the request (“Withdrawal Confirmation Email”). A PDF document will be annexed to the email, containing (i) a pre-completed label that the user can attach to the package to accelerate the shipping process
11.4 The user has exercised the right of withdrawal within the Cooling Off Period if the notification of same is sent by the consumer before the expiry of said period. In the event that the user is availing of the Withdrawal Declaration, they are invited to enter, in said Withdrawal Declaration, the order number, the Product/s for which the right of withdrawal is being used, and their address. Since the burden of proof concerning the use of the right of withdrawal before expiry of the Cooling-off Period lies with the user, it is in the interest of this latter to use a durable means when notifying DAUREKA SRL of termination of the agreement.
11.5 The user must return the Products to DAUREKA SRL, using a carrier of their own choice and at their own expense, without undue delay and in any case, within the term of 14 calendar days from the date on which the decision to withdraw from the agreement was made known to DAUREKA SRL. The term is complied with if the user returns the Products before expiry of the fourteen-day period (“Return Deadline”) The Product, suitably protected and packaged, must be sent to the following address: DAUREKA SRL, C/O Via L. Fibonacci 924 56031 Bientina (PI), The return of the Product to DAUREKA SRL occurs under the responsibility and at the expense of the user.
11.6 If the user decides to withdraw from the agreement, DAUREKA SRL will proceed to return the Total Amount Owed, paid by the user for the Product, including delivery costs and any additional costs arising from user’s choice of a different delivery type from standard, i.e., the least expensive option offered by DAUREKA SRL, without undue delay and in any case, not more than 14 calendar days from the date on which DAUREKA SRL was informed of the user’s decision to withdraw from the agreement. The refund will be paid using the same means as used by the user, in case of payment using credit card or PayPal, unless the user has expressly agreed otherwise. In other cases, DAUREKA SRL will ask the user to provide the bank details necessary to make the refund, unless the user has expressly agreed otherwise.
11.7 The user is responsible solely for the reduction in the value of goods resulting from handling the Product in a way different from that necessary to establish the nature, characteristics and operation of the Product. The Product must in any case be kept, handled and inspected with the normal due care and returned, undamaged, and complete in all its parts, in perfect working order, together with all accessories and instruction leaflets, identification tags, labels and single-use seal, where present, still attached to the Product and integral and not tampered with, as well as perfectly suitable for intended use and free from signs of wear or soiling. Withdrawal is only applicable for the Product as a whole. It cannot therefore, be used with regard to parts and/or accessories of the Product. The Product Page will expressly state whether the original packaging is to be considered part of the Product, for the purposes of exercising the right of withdrawal.
11.8 In case of withdrawal that does not comply with the applicable regulations, this will not lead to the termination of the agreement and does not entitle the user to any refund. DAUREKA SRL will inform the user, by email, no later than 5 working days from receipt of the Product, rejecting the right of withdrawal. The Product will remain with DAUREKA SRL and at the disposal of the user for collection, which shall be made at the expense and under the responsibility of the user.
11.9 In case the Product for which the right of withdrawal is being used, has been subject to a reduction in value resulting from the handling of the good in a way unlike that necessary to establish the nature, characteristics and operation of the Product, the refund amount will reflect this reduction. This situation and resulting reduced refund amount will be communicated by DAUREKA SRL to the user, by email, no more than 5 working days from receipt of the Product, providing same and in the event that the refund has already been paid, the bank details for the amount owed by the user due to a reduction in the value of the Product.
11.10 The right of withdrawal does not apply in case of:
– supply of goods prepared to size or clearly customised;
This exclusion from the right of withdrawal will be specifically and expressly noted on the Product Page, as well as during the purchasing process, before the user proceeds to transmit the order.
11.11 In the event that the right of withdrawal is used in compliance with that stated in Art. 52 et seq. of the Consumer Code, by a user who has chosen to pay in instalments using x3x4 Oney as per Art. 9.6 above, the financing agreement will be considered as terminated by law, without any penalty, pursuant to Art. 58 of the Consumer Code. This exclusion from the right of withdrawal will be specifically and expressly noted on the Product Page, as well as during the purchasing process, before the user proceeds to transmit the order.