INDEX:
7 RIGHT OF WITHDRAWAL
7.1 Terms and Conditions for the Right of Withdrawal, Refunds, and Return of Goods
7.2 Refund Methods
7.3 Retention of Refund
7.4 Return of Goods
7.5 Timing for the Return of Goods
7.6 Return Costs
7.7 Responsibility for Diminution in Value of Goods
7 RIGHT OF WITHDRAWAL
7.1 Terms and Conditions for the Right of Withdrawal, Refunds, and Return of Goods
Article 52 “Right of Withdrawal” of the Italian Consumer Code, in the case of purchases on the Site, establishes that the User who is a consumer has a period of 14 days to withdraw from the contract without providing any reason and without incurring any costs other than those specified in Article 56, paragraph 2, and Article 57.
The Withdrawal Period in the case of sales contracts ends 14 days from the day the consumer or a third party takes physical possession of the goods or:
a. in the case of multiple goods ordered by the consumer in a single order and delivered separately, from the day the consumer or a third party, other than the carrier and designated by the consumer, takes possession of the last good;
b. in the case of delivery of a good consisting of multiple lots or pieces, from the day the consumer or a third party, other than the carrier and designated by the consumer, takes possession of the last lot or piece;
c. in the case of contracts for the delivery of goods in regular intervals over a specified period, from the day the consumer or a third party, other than the carrier and designated by the consumer, takes possession of the first good.
Article 53 “Obligations of the Parties in Case of Withdrawal” specifies the obligations that apply when the right of withdrawal is exercised. Specifically, Mareka Srl is required to refund all payments received from the User/Consumer within 14 days of being informed of the User’s decision to withdraw from the contract. The User, for their part, must return the goods within 14 days from the day they communicated their withdrawal.
Article 54 “How to Exercise the Right of Withdrawal” states that to exercise the right of withdrawal, the User must inform Mareka Srl before the end of the Withdrawal Period (within 14 days) of their decision to withdraw.
The User has exercised their right of withdrawal within the Withdrawal Period if the communication of withdrawal is sent before the expiration of the Withdrawal Period (within 14 days). This communication must be sent as follows:
• To the email address: info@wallafishing.com
• Indicating the Order Identification Number and the Date
Note that, since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period lies with the User, it is in the User’s interest to use a durable medium when informing Mareka Srl of their withdrawal.
The direct costs of returning the products are the User’s responsibility, as well as the responsibility for transporting them.
Article 55 “Exclusions from the Right of Withdrawal” clarifies that the right of withdrawal under Articles 53 and 53 does not apply to contracts related to:
(a) the supply of goods whose execution has started with the consumer’s agreement before the withdrawal period expires;
(b) the supply of goods or services whose price depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;
(c) the supply of goods made to measure or clearly personalized;
(e) the supply of sealed goods that are not suitable for return for hygiene reasons or for the protection of health, which have been opened after delivery.
Article 56 “Seller’s Obligations in Case of Withdrawal” stipulates that the Seller (Mareka Srl) must refund all payments received from the consumer, including delivery costs, except for any additional costs arising from the consumer’s choice of a delivery method other than the least expensive standard delivery option offered by the seller. The refund must be made without undue delay and, in any case, within 14 days from the day the seller is informed of the consumer’s decision to withdraw from the contract.
Mareka Srl will refund the Total Amount Due to the User who withdraws from the contract, including delivery costs that are the consumer’s responsibility. If the User has chosen a more expensive delivery method, those costs will remain their responsibility and will not be refunded. The refund will be made without undue delay and, in any case, within 14 calendar days from the day Mareka Srl was informed of the User’s decision to withdraw.
Article 57 “Consumer’s Obligations in Case of Withdrawal” requires the User to return the goods or deliver them to the Seller or a third party authorized by the Seller to receive the goods, without undue delay and, in any case, within 14 days from the date the User communicated their decision to withdraw from the contract. The direct costs of returning the goods are borne by the User, unless the Seller has agreed to cover those costs.
Article 59 “Exceptions to the Right of Withdrawal” specifies that in order to exercise the right of withdrawal, the products returned must be in perfect condition, unused, and complete. The User is solely responsible for the reduction in value of the goods if this is the result of handling the product beyond what is necessary to establish its nature, characteristics, and functioning. The product must be inspected, handled, and stored with normal care and returned, complete in all parts, fully functional, with all accessories, instructions, tags, seals, and identification labels, where applicable, still attached, intact, and not tampered with. It must also be fit for its intended use and free of physical, aesthetic, or superficial damage, misuse, wear, or dirt. The products must not have been used, worn, or washed.
The right of withdrawal applies to the product in its entirety. It cannot, therefore, be exercised in relation to parts and/or accessories of the product.
If the withdrawal is not exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle the User to any refund. Mareka Srl will notify the User upon receipt of the product, rejecting the withdrawal request. The product will remain with Mareka Srl, available for collection, which will be at the User’s expense and responsibility.
In the case of partial withdrawal from multiple orders, the delivery costs to be refunded to the User will be calculated proportionally to the value of the product being returned.
7.2 Refund Methods:
Refunds will be made by Mareka Srl using the same payment method the User/consumer used for the purchase, unless the User/consumer agrees otherwise. The refund will be made free of charge as soon as possible and, in any case, within 30 days from the date Mareka Srl becomes aware of the exercise of the right of withdrawal by the User.
Refunds will be deemed to have been made within the required time frame if they are effectively returned, shipped, or credited with a value date no later than the expiration of the previously indicated period.
7.3 Retention of Refund:
If the User/consumer chooses a more expensive delivery method than the standard delivery offered by Mareka Srl, they are not entitled to a refund of the additional delivery costs.
Mareka Srl may withhold the refund until it has received the returned goods or until the User/consumer provides proof that they have returned the goods, whichever occurs first.
In case the User has returned the products using a carrier of their choice and at their own expense, Mareka Srl may suspend the refund until receipt of the products or until the User has provided proof of shipment, if earlier.
7.4 Return of Goods:
The User/consumer has 14 days from the communication of withdrawal to return the goods. The goods must be returned in their original packaging, unused, and free of defects, except in the case of non-conformity.
Returns may be made via a shipping service chosen by the User/consumer. The return shipping costs are at the consumer’s expense unless otherwise specified by Mareka.
The User must return the goods or deliver them to Mareka Srl or a third party authorized by Mareka to receive the goods without undue delay and in any case within fourteen days from the date the User communicated their decision to withdraw from the contract as per Article 54. The deadline is respected if the User ships the goods before the expiration of the fourteen-day period.
7.5 Timing for the Return of Goods:
The User must return the goods or deliver them to Mareka Srl or a third party authorized within 14 days from the communication of withdrawal. This period starts from the date the User informs Mareka Srl of their decision to withdraw.
7.6 Return Costs:
The User is responsible for the direct costs of returning the goods.
7.7 Responsibility for Diminution in Value of Goods:
The consumer is responsible for any diminution in the value of the goods only if it results from handling the goods in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the goods. The consumer may inspect the goods as they would in a physical store but must not use them in a way that would reduce their value.