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Returned goods

Who can and how to enable the withdrawal

The right of withdrawal is regulated by law if the customer-consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by 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 Suarez Company any communication or within 14 working days starting from the date of delivery of the goods.

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

Mode of withdrawal

The right of withdrawal is however subject to the following conditions (Article 67 of the Consumer Code):

  • Where is the delivery of the goods the consumer is obliged to return the goods or put at the disposal of the trader or the person designated, in the manner and time stipulated in the contract. The deadline for the return of the asset can not be less than ten working days from the date of receipt of the goods. For the purposes of the expiry of the term the goods are considered as returned when they are delivered to the accepting post office or the forwarder.
  • For contracts concerning the sale of goods where there has been delivery of the goods, the substantial integrity of the good to be returned is an essential condition for the exercise of the right of withdrawal. It is, however, sufficient that the goods are returned in normal state of conservation, as it has been kept and eventually used with the use of normal diligence.
  • The only expenses due from the consumer for the exercise of the right of withdrawal pursuant to this article are the direct costs of returning the goods to the sender, where expressly provided in the contract.
  • All items purchased from Suarez Company srl can be returned and replaced with other items of the same amount within 10 days from the date of purchase.

When decade the right of withdrawal (Article 55 of the Consumer Code)

The right of withdrawal provided for by articles 64 and following, as well as articles 52 and 53 and paragraph 1 of article 54 shall not apply to:

  • to contracts for the supply of foodstuffs, beverages or other goods for everyday consumption supplied to the consumer's home, at his place of residence or to his workplace by distributors who carry out revolutions frequent, and regular;
  • contracts for the provision of services relating to accommodation, transport, catering, leisure, when at the time of conclusion of the contract the trader undertakes to provide these services on a specific date or within a defined period of time.

Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for by articles 64 and following cases:

  • of the supply of services where performance has begun, with the consumer's agreement, before the expiry of the period provided for in article 64, paragraph 1;
  • the provision of goods or services whose price is linked to fluctuations in the financial market that the trader is not in control;
  • for the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
  • supply of audiovisual products or computer software which were unsealed by the consumer;
  • for the supply of newspapers, periodicals and magazines;
  • of services of bets and lotteries.

ARTICLE No. 52 the Right of withdrawal (1)

1. Without prejudice to the exceptions referred to in article 59, the consumer has a period of fourteen days to withdraw from a distance contract or off-premises contract, without giving any reason and without incurring any costs other than those provided for in article 56, paragraph 2, and article 57.
2. Subject to article 53, the withdrawal period referred to in paragraph 1 terminates after fourteen days from:
a) in the case of services contracts, from the day of conclusion of the contract;
(b) in the case of sales contracts, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods or:
1) in the case of multiple goods ordered by the consumer by means of a single order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good;
2) in the case of delivery of a good consisting of batches or multiple parts, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece;
3) in the case of contracts for regular delivery of goods during a defined period of time, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good;
c) in the case of contracts for the supply of water, gas or electricity, where they are not put on sale in a limited volume or quantity determined, of district heating or of digital content not supplied on a tangible medium, the day of the conclusion of the contract.
3. The parties to the contract may comply with their contractual obligations during the withdrawal period. However, in the case of contracts negotiated away from business premises, the trader can not accept, as consideration, promissory notes which have a maturity of less than fifteen days from the conclusion of the contract for service contracts or from the acquisition of physical possession of the goods for contracts for the sale, but may not present them at the discount before the deadline. (1) Article replaced by article 1, paragraph 1, of D. Lgs. 21 February 2014, n. 21, with the start date referred to in article 2, paragraph 1, of D. Lgs. no. 21/2014.

ARTICLE No. 53 Of the Non-fulfillment of the obligation of information on the right of withdrawal (1)

1. If, in violation of article 49, paragraph 1, letter h), the trader has not provided the consumer with the information on the right of withdrawal, the withdrawal period ends twelve months after the end of the initial withdrawal period, as determined in accordance with article 52, paragraph 2.

2. If the trader provides the consumer with the information referred to in paragraph 1 within twelve months from the date referred to in article 52, paragraph 2, the withdrawal period ends fourteen days after the day on which the consumer receives the information. (1) Article replaced by article 1, paragraph 1, of D. Lgs. 21 February 2014, n. 21, with the start date referred to in article 2, paragraph 1, of D. Lgs. no. 21/2014.

ARTICLE No. 54 the Exercise of the right of withdrawal (1)

1. Before the expiry of the period of withdrawal, the consumer shall inform the trader of his decision to exercise the right of withdrawal from the contract. To this end, the consumer can: a) use the model withdrawal form in annex I, part B; or
(b) make any other unequivocal statement setting out his decision to withdraw from the contract.
2. The consumer has exercised his right of withdrawal within the withdrawal period referred to in article 52, paragraph 2, and article 53 if the communication concerning the exercise of the right of withdrawal is sent by the consumer before the expiry of the withdrawal period.
3. The professional, in addition to the possibilities referred to in paragraph 1, can give the consumer the option to electronically fill in and submit the model withdrawal form set out in annex I, part B, or any other unequivocal statement on the trader's website. In such cases the trader shall communicate without delay to the consumer an acknowledgement of receipt on a durable medium, the withdrawal is exercised.
4. The burden of proof of exercising the right of withdrawal in accordance with this article shall be on the consumer.
(1) Article replaced by article 1, paragraph 1, of D. Lgs. 21 February 2014, n. 21, with the start date referred to in article 2, paragraph 1, of D. Lgs. no. 21/2014.

ARTICLE No. 55 Effects of withdrawal (1)

1. The exercise of the right of withdrawal shall terminate the obligations of the parties:
(a) to perform the distance contract or off-premises; or
b) concluding a distance contract or off-premises contract, in cases where an offer has been made by the consumer.
(1) Article replaced by article 1, paragraph 1, of D. Lgs. 21 February 2014, n. 21, with the start date referred to in article 2, paragraph 1, of D. Lgs. no. 21/2014.

ARTICLE No. 56 the Obligations of the trader in case of withdrawal (1)

1. The trader shall reimburse all payments received from the consumer, possibly including the costs of delivery without undue delay and in any case within fourteen days from the day on which it is informed of the consumer's decision to withdraw from the contract pursuant to article 54. The trader executes the refund in the first period using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that such does not incur any fees as a result of the refund. In the case in which the payment was made by means of promissory notes, if these have not yet been presented for payment, arrangements must be made to their return. And void any clause which limits refunds to the consumer of amounts paid as a result of the exercise of the right of withdrawal. 2. Without prejudice to paragraph 1, the trader is not required to reimburse the additional costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of delivery offered by the trader. 3. Unless the trader has offered to collect he same goods, with regard to sales contracts, the trader may withhold the reimbursement until they has received the goods or until the consumer has demonstrated to have sent back the goods, whichever situation occurs first. (1) Article replaced by article 1, paragraph 1, of D. Lgs. 21 February 2014, n. 21, with the start date referred to in article 2, paragraph 1, of D. Lgs. no. 21/2014.

ARTICLE No. 57 Of the consumer's Obligations in case of withdrawal (1)

1. Unless the trader has offered to collect he same goods, the consumer returns the goods or deliver them to the trader or to a person authorised by the trader to receive the goods, without undue delay and in any case within fourteen days from the date on which he informed the trader of his decision to withdraw from the contract pursuant to article 54. The term is respected if the consumer sends back the goods before the expiry of the period of fourteen days. The consumer supports only the direct cost of returning the goods, provided that the trader has agreed to support it, or has omitted to inform the consumer that this cost is at the expense of the consumer. In the case of contracts negotiated outside of commercial premises in which the goods have been delivered to the domicile of the consumer at the time of the conclusion of the contract, the trader withdraws the goods at its own cost if the goods by their nature cannot normally be returned by mail.
2. The consumer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer is not in any event be liable for the diminished value of the goods if the trader has failed to inform the consumer of his right of withdrawal pursuant to article 49, paragraph 1, letter h).
3. Where a consumer exercises the right of withdrawal after having made a request in accordance with article 50, paragraph 3, or article 51, paragraph 8, the consumer shall pay to the trader an amount which is in proportion to what has been provided until the time the consumer has informed the trader of the exercise of the right of withdrawal, in comparison with the performance of the contract. The proportionate amount that the consumer must pay the trader, and is calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount is calculated on the basis of the market value of what is being provided.
4. The consumer does not bear any cost for:
(a) the provision of services or the supply of water, gas or electricity, where they are not put on sale in a limited volume or quantity determined, or of district heating, in whole or in part, during the withdrawal period when:
1) the trader has failed to provide information pursuant to the article 49, paragraph 1, letters h) and l); or
2) the consumer has not expressly requested performance to begin during the withdrawal period in accordance with article 50, paragraph 3, and article 51, paragraph 8; or
(b) the provision, in whole or in part, of digital content which is not supplied on a tangible medium where:
(1) the consumer has not given his prior express consent about the beginning of the performance before the end of the period of fourteen days referred to in article 52;
2) the consumer has not acknowledged losing the right of withdrawal when giving his consent; or
3) the trader has failed to provide the confirmation in accordance with article 50, paragraph 2, or article 51, paragraph 7.
5. Except as provided for in article 56, paragraph 2, and in this article, the exercise of the right of withdrawal does not result in any liability to the consumer.
(1) Article replaced by article 2, paragraph 1, of D. Lgs. August 2, 2007, no. 146 , as amended by article 8, paragraph 1, of D. Lgs. 23 October 2007, no. 221 and, finally, replaced by article 1, paragraph 1, of D. Lgs. 21 February 2014, n. 21, with the start date referred to in article 2, paragraph 1, of D. Lgs. 21/2014.

ARTICLE No. 58 the Effects of the exercise of the right of withdrawal on ancillary contracts (1)

1. Except as provided for by the legislative decree 13 August 2010, n. 141, and subsequent amendments, concerning credit agreements for consumers, if the consumer exercises his right of withdrawal from a distance contract or concluded outside the commercial premises in accordance with articles 52 to 57, any ancillary contracts shall be resolved by law, without costs for the consumer, with the exception of those provided for in article 56, paragraph 2, and article 57.
(1) Article amended by article 19-bis, paragraph 1, of the D. L. December 30, 2005, no. 273 , converted, with amendments, by Law 23 February 2006, no. 51; article 20 bis, paragraph 4, of the D. L. September 25 2009, n. 135 , converted, with amendments , into Law 20 November 2009 n. 166 and, finally, replaced by article 1, paragraph 1, of D. Lgs. 21 February 2014, n. 21 with the start date referred to in article 2, paragraph 1, of D. Lgs. 21/2014.

ARTICLE No. 59 of the Exceptions to the right of withdrawal (1)

1. The right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated outside commercial premises is excluded with regard to:
(a) service contracts after the complete performance of the service, if execution began with the agreement expressed by the consumer and with the acceptance of the loss of the right of withdrawal following full performance of the contract by the trader; (
b) the supply of goods or services whose price and’ tied to fluctuations in the financial market that the trader is not able to control and which may occur within the withdrawal period;
c) the supply of goods made to measure or clearly personalised;
d) the supply of goods which are liable to deteriorate or expire rapidly;
e) the supply of sealed goods which are not suitable to be returned for reasons of hygiene or related to health protection and were unsealed after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
(g) the supply of alcoholic beverages whose price was agreed at the time of conclusion of the contract of sale, the delivery of which can only take place after thirty days and whose actual value depends on fluctuations on the market which cannot be controlled by the trader;
(h) contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent works of repair or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessary to perform maintenance or repairs, the right of withdrawal applies to those additional services or goods;
i) the supply of audio or video recordings or sealed sealed computer software which were unsealed after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
(m) contracts concluded at a public auction;
n) the provision of accommodation for the purposes of non-residential, transport of goods, services, car rental services, catering or services relating to free time activities if the contract provides for a date or a period of running-specific;
o) the supply of digital content by means of a support that is not material, if the execution began with the agreement expressed by the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.
(1) Article replaced by article 1, paragraph 1, of D. Lgs. 21 February 2014, n. 21, with the start date referred to in article 2, paragraph 1, of D. Lgs. 21/2014.

Section III Other rights of the consumer (1)

ARTICLE No. 60 Scope of application (1)

Art. 60.
1. Articles 61 and 63 apply to contracts of sale. Those articles do not apply to contracts for the supply of water, gas or electricity, where they are not put on sale in a limited volume or quantity determined, of district heating or of digital content not supplied on a material medium.
2. Articles 62, 64 and 65 apply to contracts of sale, contracts of service and contracts for the supply of water, gas, electricity, district heating or digital content.
(1) Article replaced by article 1, paragraph 1, of D. Lgs. 21 February 2014, n. 21, with the start date referred to in article 2, paragraph 1, of D. Lgs. 21/2014