Information on the right of withdrawal

1.         Right of withdrawal

Pursuant to articles 52 et seq. of Legislative Decree 6th September 2005, n. 206 (the “Consumer Code”) and without prejudice to the exceptions contemplated therein, the consumer who purchases via the online store integrated into the website present at the url www.versilfood.com (the “Site”), goods other than those indicated in the following Paragraph 4 – and provided that such goods have not been opened or their seals altered – may withdraw from the purchase contract, without providing any reason or incurring costs other than those indicated in the following Paragraph 3, within 14 days from the day on which the consumer or a third party, other than the courier and designated by the consumer, acquires physical possession of the goods purchased. However, withdrawal is not allowed in the cases indicated in the following Paragraph 4.

2.         How to exercise the right of withdrawal

To exercise his/her right of withdrawal, the consumer must inform Versilfungo S.p.A. (Versilfungo”), as seller of the goods, of the decision to exercise the right of withdrawal from the contract through an explicit declaration (for example a letter sent by post or email). To this end, he/she can (not obliged to) use the standard withdrawal form available at the following link, here he/she also finds Versilfungo’s contact details to send the explicit declaration of withdrawal.

In any case, the consumer is asked to also provide Versilfungo, together with the explicit declaration of withdrawal, the following information:

1. purchase order number and date;
2. delivery date of the purchase order;
3. the name and address of the consumer;
4. the indication of the consumer’s e-mail and telephone number;
5. code of the goods for which he/she intends to exercise the right of withdrawal.

To comply with the withdrawal deadline, it is sufficient for the consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the relevant period of 14 days from the date indicated in Paragraph 1, i.e. from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods purchased.

3.         Effects of the right of withdrawal

Upon receipt of the communication of exercise of the right of withdrawal:

1. Versilfungo will open a procedure for managing the return and communicate to the withdrawing consumer the instructions relating to the methods of returning the purchased goods, which must in any case be such as to allow them to be returned intact to Versilfungo (see in this regard what is indicated in the following Paragraph 4). The consumer is required to return the goods without undue delay and in any case within 14 days from the day of communication of his/her withdrawal from the contract to Versilfungo. The deadline is respected if the consumer sends back the goods before the expiry of the 14 day period, according to the instructions that will be given by Versilfungo itself;
2. Versilfungo will reimburse all payments made by the consumer in its favour, including delivery costs where applicable (with the exception of additional costs arising if the consumer chooses a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which Versilfungo is informed of the consumer’s decision to withdraw from the contract pursuant to of the art. 54 of the Consumer Code. These refunds will be made using the same means of payment used by the consumer for the purchase of the goods, unless the consumer has expressly agreed otherwise; in any case, the consumer will not bear any costs as a consequence of this reimbursement. The refund may be suspended until the goods are received or until the consumer demonstrates that he/she has sent the goods back, whichever is earlier.

The direct costs of returning the goods will be borne by the consumer.

4.         Cases of exclusion of the right of withdrawal

Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the following cases:

1. the supply of tailor made or clearly customised goods;
2. the supply of goods which are likely to deteriorate or expire rapidly;
3. the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.

With reference to the cases of exclusion of the right of withdrawal listed above, the consumer, in particular, is informed and accepts that:

– among the goods that “risk deteriorating or expiring rapidly” are included all food goods, as the characteristics and qualities of these types of goods are subject to alteration also as a result of inappropriate conservation. Therefore, for hygiene and consumer protection reasons, the right of withdrawal is applicable only for goods purchased on the Site which can be returned to Versilfungo, intact with their respective seal, and put back on the market, without danger to the health of consumers;

– taking into account the nature of the goods sold through the Site and the needs of hygiene and health protection, the right of withdrawal will not in any case be recognised for those goods whose packaging or whose seals or containers have been opened, tampered with and/or altered, and which are therefore not returned to Versilfungo completely intact.

In any case of exclusion of the right of withdrawal, Versilfungo will return the purchased goods to the consumer, charging the shipping costs, as well as any amounts already refunded pursuant to Paragraph 3, point 2 above.