Article 5 - English version (Please note: this translation is not the official text of the law; we provide it just for our foreign customers's convenience)
For more information please check out the English version of the EC directive 97/7/EC of 20 May 1997 on the protection of consumers in respect of distance contracts, from which the Italian law is derived.
Article 5 - Exercise of the right of withdrawal
1.For any distance contract the consumer has a period of ten working days in which to withdraw from the contract without penalty and without giving any reason. The period for exercise of this right begins: - in the case of goods, from the day of receipt by the consumer where the obligations laid down in Article 4 have been fulfilled, or from the day where the same obligations have been fulfilled if it happens after conclusion of the contract provided that this period does not exceed the three-month period from the date of conclusion of the contract, - in the case of services, from the day of conclusion of the contract or from the day on which the obligations laid down in Article 4 were fulfilled if they are fulfilled after conclusion of the contract, provided that this period does not exceed the three-month period from the date of conclusion of the contract.
2. If the supplier has failed to fulfil the obligations laid down in Article 4, the period in which to withdraw from the contract is three months. The period begins: a) in the case of goods, from the day of receipt by the consumer, b) in the case of services, from the day of conclusion of the contract.
3. Unless the parties have agreed otherwise, the consumer may not exercise the right of withdrawal provided for in paragraph 1 in respect of contracts: a) for the provision of services if performance has begun, with the consumer's agreement, before the end of the ten working day period referred to in paragraph 1, b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier, c) for the supply of goods made to the consumer's specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly, d) for the supply of audio or video recordings or computer software which were unsealed by the consumer, e) for the supply of newspapers, periodicals and magazines, f) for gaming and lottery services.
4. The right of withdrawal is exercised by sending, within the date terms provided for in the law, a written communication to the geographical address of the suppliers registered office by means of registered letter with advice of receipt. The communication can be sent, at the same date term, also by telegram, telex or fac-simile, under condition that such communication is confirmed with registered letter with advice of receipt within the following 48 hours.
5. In case the goods have been delivered, the consumer is obliged to return them or to keep them at disposal for the supplier or for the person designated by him, in accordance with the procedures and terms laid down in the contract. The term for the returning of the goods cannot however be inferior than 10 working days, starting from the date of receipt of the goods.
6. The only charge that may be made to the consumer because of the exercise of his right of withdrawal pursuant to this Article is the direct cost of returning the goods, provided that they have been specifically indicated in the distance contract.
7. Where the right of withdrawal has been exercised by the consumer pursuant to this Article, the supplier is obliged to reimburse the sums paid by the consumer. Such reimbursement must be carried on free of charge, as soon as possible and in any case within 30 days from the day in which the supplier knew about the exercise the the right of withdrawal.
8. If the price of some goods or services, that are the subjects of a distance contract, is fully or partly covered by credit granted to the consumer by the supplier or by a third party on the basis of an agreement between the third party and the supplier, the credit agreement is cancelled by right, without any penalty, if the consumer exercises his right to withdraw from the contract in accordance with the procedures of the previous paragraphs. The supplier is obliged to communicate to the third party, who granted the credit, that the consumer has exercised his right of withdrawal. The sums eventually given by the third party, who granted the credit, for the payment of the goods or services until he learns that the consumer has exercised his right of withdrawal, are reimbursed to the third party by the supplier, without any penalty, apart form the payment of the matured legal interests. Close