1. Right of withdrawal
Pursuant to the provisions of Art. 52 of the Consumer Code (Legislative Decree 206/2005), the Consumer (meaning as such exclusively the natural person who makes the purchase outside of his business and/or professional activity) has the right to withdraw from the contract, even without just cause: for purchases made on www.atelieremilioboga.com or by telephone order within and no later than 14 calendar days from receipt of the material; for purchases made on the marketplace within and no later than 14 calendar days from receipt of the material, unless the conditions provided by the marketplace are improved. Pursuant to the provisions of Art. 59, letter c) of the Consumer Code, the right of withdrawal is excluded in the event that the goods sold have been made "tailor-made" or "personalised" based on the choices of the end customer. Any product made in a size, finish or covering not present in the original product sheet will be considered as a custom product being made specially for the customer based on their choice.
2. Method of exercising the right of withdrawal
The right of withdrawal will be considered correctly exercised if the Consumer has sent the communication of exercise of the right of withdrawal within the above terms via an explicit declaration: in a free-form declaration sent by registered letter with return receipt, email or PEC in which the following are present: the buyer's data (name, surname and address); your desire to exercise the right of withdrawal; the details of the order (copy of the order) and/or the identification of the purchased good for which you wish to exercise the right;
3. Packaging and shipping of the products
The Consumer's precise obligation and burden are: return the goods complete with all their parts, accessories, manuals and anything else received; ensure that the goods are adequately packaged to avoid damage during transport. Provide photos of the product and indicate any damage. Pursuant to Art. 57, paragraph 1, Legislative Decree 206/2005, it is the consumer's responsibility to send the goods at his own expense, no later than 14 days from the communication of exercise of the right of withdrawal. In the event that the Consumer provides for the shipment independently, we recommend requesting suitable insurance coverage as any damage will not be attributable to us for any reason.
4. Execution and amount of reimbursement
Given the Art. 56 of Legislative Decree 206/2005 establishes that the refund can be withheld until actual receipt of the same or until the Consumer has demonstrated that he has actually sent back the goods. Without prejudice to the provisions of the following point 5) insofar as they are applicable, the refund will be made using the same payment method used for the purchase.
5. Consumer responsibility for damage to products
Given that Legislative Decree 206/2005 establishes to the Art. 57, paragraph 2, which "The consumer is solely responsible for the decrease in the value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The consumer is in no case responsible for the decrease in the value of the goods if the professional has failed to inform the consumer of his right of withdrawal pursuant to Article 49, paragraph 1, letter h)." since this information is highlighted throughout the purchase process and present on every page, we consider the obligation on us as set out in the second period of the Art to be adequately fulfilled. 57, paragraph 2. Therefore, if the goods are returned to us damaged or manipulated in such a way as to cause a decrease in value, we will inform the Consumer in order to find an amicable agreement before the deadline for making the refund. In case of failure to reach an agreement, our company reserves the right to: contest the non-fulfillment of the obligations borne by the Consumer and/or take the necessary actions to protect one's rights and/or take the most appropriate legal action in order to protect your rights.
Shipping info
The consumer can use his own carrier or request "door to door" delivery. In this second case, please contact us so that we can provide an accurate quote for the product(s) purchased and define further shipping details. The shipping cost is excluded from the displayed purchase cost. If you use your own transporter, we strongly recommend that you take out specific insurance to avoid unpleasant inconveniences not covered by the transport company. In this case we consider ourselves totally relieved of any damage