Who can and how to activate the right of withdrawal?

The right of withdrawal is regulated by law if the customer-consumer (i.e., a natural person who purchases goods for purposes not related to their professional activity, or does not make the purchase indicating a VAT number in the order form) has the right to withdraw from the purchase contract for any reason. To exercise this right, the customer must send a communication to Frascogna Shop within 10 working days from the date of delivery of the goods. 
This communication must be sent by REGISTERED MAIL with return receipt addressed to:

C. Frascogna s.r.l.

Via Miano 122 80145 - Naples

and must include the PRODUCT CODE and the accompanying invoice number. The only cost you incur is the shipping costs to return the product and the outbound shipping of the purchased product(s).

Note: Customers who purchase with a VAT number cannot exercise the right of withdrawal.

Withdrawal procedures

The right of withdrawal is subject to the following conditions (Article 67 of the Consumer Code): 
If the delivery of the goods has taken place, the consumer is required to return it or make it available to the professional or the person designated by them, according to the methods and times provided for in the contract. The term for the return of the goods cannot be less than ten working days from the date of receipt of the goods. For the purposes of the deadline, the goods are considered returned at the moment they are delivered to the accepting post office or to the carrier.

For contracts concerning the sale of goods, if the delivery of the goods has taken place, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. It is sufficient that the goods are returned in normal condition, as long as they have been stored and possibly used with normal diligence.

The only costs due from the consumer for exercising the right of withdrawal under this article are the direct costs of returning the goods to the sender, where expressly provided for in the contract.

If the right of withdrawal is exercised by the consumer in accordance with the provisions of this section, the professional is obliged to refund the amounts paid by the consumer, including the amounts paid as a deposit. The refund must be made free of charge, as soon as possible and in any case within thirty days from the date on which the professional became aware of the exercise of the right of withdrawal by the consumer. The amounts are considered refunded within the terms if they are actually returned, shipped, or credited with a date no later than the expiration of the previously indicated deadline.

In the event that payment has been made by means of bills of exchange, if these have not yet been presented for collection, they must be returned. Any clause that provides for limitations on the refund to the consumer of the amounts paid as a result of exercising the right of withdrawal is null and void.

If the price of a good or service, subject to a contract under this title, is fully or partially covered by credit granted to the consumer, by the professional or by third parties based on an agreement between them and the professional, the credit contract is deemed resolved by law, without any penalty, in the event that the consumer exercises the right of withdrawal in accordance with the provisions of this article. The professional is obliged to inform the third party granting the credit of the exercise of the right of withdrawal by the consumer. Any amounts paid by the third party who granted the credit for the payment of the good or service until the moment they become aware of the exercise of the right of withdrawal by the consumer are refunded to the third party by the professional, without any penalty, without prejudice to the payment of accrued legal interest.

When does the right of withdrawal expire? (Article 55 of the Consumer Code)

The right of withdrawal provided for in Articles 64 and following, as well as Articles 52 and 53 and paragraph 1 of Article 54 does not apply:

• to contracts for the supply of foodstuffs, beverages, or other goods for domestic use of current consumption supplied to the consumer's home, residence, or workplace, by distributors who make frequent and regular rounds;
• to contracts for the supply of services related to accommodation, transport, catering, leisure, when at the time of concluding the contract the professional undertakes to provide such services on a specific date or within a predetermined period.

Unless otherwise agreed between the parties, the consumer cannot exercise the right of withdrawal provided for in Articles 64 and following in cases:

• of the supply of services whose execution has begun, with the consumer's agreement, before the expiration of the term provided for in Article 64, paragraph 1
• of the supply of goods or services whose price is linked to fluctuations in financial market rates that the professional cannot control
• of the supply of goods made to measure or clearly personalized or that, by their nature, cannot be returned or risk deteriorating or altering rapidly
• of the supply of sealed audiovisual products or computer software, opened by the consumer
• of the supply of newspapers, periodicals, and magazines
• of betting and lottery services

For more information, you can consult the legal text available on the Ministry of Economic Development.