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Right of Withdrawal

Article 6: Right of Withdrawal

  • In accordance with Article 5 of Decree Law 185/1999, if the Client is a consumer (or a natural person that buys the goods for purposes that are not related to his occupation or that carries out the purchase without stating a VAT number on the order form sent to Fully Commerce srl), he has the right to withdraw from the sale contract for any reason without needing to provide any explanation and without being subject to a penalty, except as specified in Article 6.3 below.
  • In order to exercise this right the Client shall notify Fully Commerce in writing of its intention to do so within 10 working days after the receipt of the goods. This communication shall be sent by recorded delivery with acknowledgement of receipt to Fully Commerce srl (attention Customer Service), Via Retrone 16, 36077 Altavilla Vicentina (VI), Italy; or by telegram or e-mail to dainese-uk@fullycommerce.com, also within the above 10-day time limit, followed by confirmation by recorded delivery with acknowledgement of receipt which must be sent without fail within the following 48 hours. When this notice of withdrawal is received, Fully Commerce srl’s Customer Service will promptly send the Client instructions on how to return the goods, which shall reach Fully Commerce srl within 10 days after the return is authorised.
  • The right of withdrawal, however, is subject to the following conditions:
    • The right applies to the product acquired as a whole;
    • The article acquired must be intact and returned in its original packaging, complete in all its parts (including packing materials, documents if any, etc.);
    • The Client should, in all circumstances, refrain from putting labels or adhesive tape directly on the product’s original packaging;
    • The shipping costs of the return of the goods are borne by the Client;
    • Until Fully Commerce srl confirms that the goods have been received in its warehouse, shipping is on the Client’s total responsibility.

       

    If the article is damaged during shipment, Fully Commerce srl will inform the Client of the occurrence (within five working days after it has been received in our warehouse) in order to enable the Client to submit a complaint promptly to the courier that he has chosen and be reimbursed the value of the article (if it is insured); in this case the article will be placed at the Client’s disposal for return and the withdrawal request will be cancelled at the same time; Fully Commerce srl declines all liability for damage, theft or loss of goods returned by uninsured shipping methods. When the article arrives in the warehouse it will be examined to check for possible damage or tampering other than during shipment. If the packaging and/or packing materials are spoiled, Fully Commerce srl will deduct a percentage from the refund payable, which in any event will not exceed 10% of the total sum, as a contribution to the cost of restoring the spoiled packaging and/or packing materials.
    • Except for any costs of repairing damage found in the original packaging, Fully Commerce srl will refund the Client the entire amount paid excluding shipping costs within 14 days after the goods have been received back. Fully Commerce srl will carry out the refund transaction by crediting the amount payable to the Client’s credit card.
    • The right of withdrawal is totally lost owing to the failure to satisfy the essential condition of the article being intact (packaging and/or contents) if Fully Commerce srl finds:
      • That the original outer packaging and/or internal packing material is missing;
      • That integral parts of the product are missing (accessories, parts, etc.);
      • The product has been damaged other than during shipment.

    If the right of withdrawal is lost, Fully Commerce srl will arrange to return the article that has been acquired to the sender, charging him the shipping costs.

     

Article 7: Warranty and Complaints

All the products sold by Fully Commerce srl are covered by the manufacturer’s statutory warranty and by the 24-month warranty for lack of conformity under Italian Legislative Decree 206/2005. In order to obtain assistance under the warranty, Clients must keep the receipt or invoice (or transport document) that they receive in digital pdf format by e-mail.

The warranty may be exercised by asking a local servicing centre for assistance and/or adopting one of the methods described in the documents inside the packaging.

The manufacturer’s statutory warranty is issued as shown in the documents inside the product packaging. If an authorised servicing centre finds that a defect is not covered by the manufacturer’s statutory warranty, the Client shall be charged the amount requested by the servicing centre for any inspection that it has conducted and for any repairs to the product that it has carried out, in addition to transport costs if any have been sustained by Fully Commerce srl.

The 24-month warranty issued in accordance with Italian Legislative Decree 206/2005 applies to a product with a conformity defect provided it has been used correctly, for the purpose for which it is intended and in compliance with the technical documents enclosed. This warranty is restricted to private consumers (natural persons that buy the goods for purposes that are not related to their occupation or that carry out the purchase without stating a VAT number on their order form). In the event of a conformity defect, Fully Commerce srl, at no expense to the Client, will remedy the conformity defect by repairing/replacing the product, reducing the price, or terminating the contract. If an authorised servicing centre finds that a defect is not a conformity defect under Italian Legislative Decree 206/2005, the Client shall be charged the amount requested by the servicing centre for any inspection that it has conducted and for any repairs to the product that it has carried out, in addition to transport costs if any have been sustained by Fully Commerce srl. Replacements in events of DOA (dead on arrival: product not functioning on delivery) are only made if expressly envisaged by the manufacturer; the time taken to replace or repair the product, if necessary, depend solely on the manufacturer’s policies in these matters.

Should Fully Commerce srl, for any reason, be unable to provide its Client with a product that has either been replaced or repaired under the warranty, it may, at its discretion, refund the amount paid taking the use of the product into account or replace it with a product having equivalent or superior characteristics.

Repair or replacement times depend solely on the manufacturer’s policies in this matter and no damages may be sought from Fully Commerce srl for any delay in carrying out repairs or providing replacements.

In cases in which a product may be returned under the warranty, the Client shall return it in its original packaging, complete in all its parts (including outer packing and any accompanying documents and additional equipment: handbooks, cables, etc.); in order to limit damage to the original packaging, we suggest the product be put into a second box; Clients should refrain, in all circumstances, from appending labels or adhesive tape directly on the product’s original packaging.

The Client will be given an authorisation number (RMA) for the return of the product, which shall be shown outside the packaging following the instructions given directly in the authorisation e-mail. All complaints should be addressed to:

Fully Commerce srl (attention Customer Service)

Via Retrone 16 Altavilla Vicentina – Vicenza

dainese-uk@fullycommerce.com

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