carrier and designated by the user, comes into material possession of the Product;
b) in case of a Multiple Order with separate deliveries, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last Product; or
c) in case of an order which includes a Product consisting of parcels or multiple items, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last parcel or item.
11.2 To exercise the right of withdrawal, the user must inform ITALIANTOUCH, prior to the expiry of the Withdrawal Period, of his/her decision to withdraw.
11.3 For this purpose, the user may:
a) use the standard withdrawal form available on the Site before the termination of the contract ("Standard Withdrawal Form") and attached to the Order Confirmation e-mail; or
b) present any other declaration in which he/she explicitly states his/her decision of withdrawing from the contract ("Declaration of Withdrawal").
11.4 The user has exercised his/her right of withdrawal within the Withdrawal Period if the notice regarding the exercise of the withdrawal right is sent before the Withdrawal Period expiry date. In case the user avails himself/herself of the Declaration of Withdrawal, the Consumer is requested to indicate in the Declaration of Withdrawal the order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his/her address. Since the burden of proof concerning the exercise of the withdrawal right before the expiry of the Withdrawal Period falls on the user, this latter might want to avail himself/herself of a durable support when he/she notifies ITALIANTOUCH his/her withdrawal intentions.
11.5 The user must therefore arrange for the Products to be returned to ITALIANTOUCH without undue delay and in any case before 14 calendar days as of the date the user has informed ITALIANTOUCH of his/her decision to withdraw from the contract. The term is observed if the user sends the Products before the expiry of the previously mentioned 14-days period. As far as the return is concerned, the user shall follow the procedure indicated in Article 11.6 following, as well as the standard withdrawal instructions, containing all information necessary to exercise one's right to withdrawal, available for the users on the Site, before the termination of the contract, and attached to the Order Confirmation e-mail.
11.6 During the period mentioned in art 11.5 above, the user, wishing to return the Product from the same Country in which the Product was originally delivered, shall return the Product, suitably protected and wrapped, via UPS courier service, attaching the pre-printed and prepaid label provided to the user together with the Product to the packaging of the Product. The user may then contact UPS, whose contact address and numbers are indicated in the standard withdrawal instructions, in order to arrange the date and place for collecting the parcel.
In this case, the user will not pay the cost of returning the Product, which will be at ITALIANTOUCH's expense, and will not be liable for the risks of loss or damage of the Product during delivery.
The aforementioned procedure is only available if the user is returning the Product from the same Country in which the Product was originally delivered, as specified in the Order Confirmation E-mail (e.g.: if the user purchased the product X and requested it to be delivered to Italy, such procedure will only be available if the pick-up of the Product the user is returning takes place in Italy).
On the contrary, the user, wishing to return the Product from a Country different from the one in which the Product was originally delivered (as specified in the Order Confirmation E-mail), shall return the Product via the courier service of their choice and at their own expenses, without undue delay and, in any case, within 14 days starting from the day on which the user noticed to ITALIANTOUCH his decision to withdraw from the contract. The deadline will be met if the user has shipped the Product within the 14 days period.
The Product, suitably protected and wrapped, shall be returned to the following address:
Via Primo Maggio, 19
20010 Vanzago (MI)
In the case mentioned above, the costs of returning the Product (including custom duties) are at the user's expense and under their responsibilities. In the case of Products which cannot be returned with mail service, an estimate of the cost for returning such Products is provided in Art. 11.5 above.
In any case, regarding the period for returning the Products set forth in Art.11.5 above, the Products will be deemed returned if they are handed to the courier service specified by ITALIANTOUCH or to the post office / courier service chosen by the user.
11.7 If the user withdraws from the contract, ITALIANTOUCH shall proceed in refunding the Total Sum Due paid by the user for the Product, including delivery expenses (except for additional costs deriving from the user's choice to use another delivery method other than the least expensive standard delivery offered by ITALIANTOUCH), without undue delay and any case within and no later than 14 calendar days of the date ITALIANTOUCH was informed of the user's decision to withdraw from the contract. The refund amount shall be notified via e-mail; the refund will occur using the same payment method used by the user for the initial transaction (in case of payment via bank transfer, ITALIANTOUCH will request the user his/her bank account details necessary for the refund), unless the user has agreed otherwise; in any case the User shall not incur in any additional cost following said refund. The value date of the credited sum shall be the same as the charged sum. In case of partial withdrawal for Multiple Orders, the quantification of the delivery expenses to be refunded the user as a result of his/her withdrawal right shall occur as specified in Article 10.4 above.
11.8 The user is solely liable only for the value reduction of the goods resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product. The Product shall anyway be kept, handled and examined with ordinary due diligence and returned complete in all its parts, perfectly functioning, equipped with all accessories and illustrative sheets, with the identification tags and labels, when present, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it was intended and without signs of wear or soiling. Furthermore the right of withdrawal finds application the Product in its entirety. Therefore it cannot be exercised in relation to parts and/or accessories of the Product.
11.9 If the withdrawal is not exercised in accordance with the applicable law, it shall not lead to the rescission of the contract and, as a consequence, shall not constitute the right to any refund. ITALIANTOUCH shall inform the user within 5 working days of receiving the Product, rejecting the request for withdrawal. In case the Product has already reached ITALIANTOUCH, it shall remain at this latter and will be available to the user for collection, which will take place at the expense and under the responsibility of the user himself/herself.
11.10 In case the Product for which the right of withdrawal has been exercised has undergone a reduction in value resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product, the refund sum will be reduced in the amount of the value reduction. ITALIANTOUCH shall inform the user of this circumstance and of the consequently diminished refund amount within 5 working days of the receipt of the Product, providing the user, in case the refund has already been remitted, the bank account details for the payment, on the part of the user, of the amount due because of the value reduction of the Product.
11.11 In case, after pursuant to the applicable law, the right of withdrawal does not apply, this exemption shall be expressly and specifically indicated in the Product information Sheet and, in any case, during the purchase process, before the user proceeds with the placement of the order.Right of withdrawal - PDF