Information on the right of withdrawal and refunds
The User who requests a service for purposes unrelated to his professional activity has the right to withdraw from the purchase contract concluded with GeMiTo without any penalty and without having to provide any reason, within 14 working days pursuant to and for the purposes of the art. 52 paragraph 1 of the Consumer Code, which run from the day of receipt of the product purchased on GeMiTo. The withdrawal can be exercised by the Customer, pursuant to art. 54 paragraph 1 Consumer Code, using the withdrawal form set out in Annex I, part B of the Consumer Code or using the one available on this page or by submitting any other explicit declaration of its decision to withdraw from the contract, to be sent or by letter a / r, to GeMiTo, Via G.Zanella 44/5, 20133 Milan (MI) or by email at firstname.lastname@example.org. The return letter, the email must contain the indication of the product and the order number. The burden of proof relating to the correct exercise of the right of withdrawal, in accordance with the above procedure, is borne by the User.
Following the correct exercise of the withdrawal, unless GeMiTo does not collect the goods directly, the User will be responsible for returning the goods without undue delay and in any case within 14 days from the date on which the User communicated to GeMiTo or to the Partner its decision to withdraw from the contract pursuant to art. 54, c. 4. The User must visibly apply the document received by GeMiTo on the packaging following the above withdrawal notice, in which the shipping address and order details necessary to identify the returned to destination. The User is advised to insert a copy of this document also inside the packaging, in order to avoid its loss or the inability to identify the return once it has been received in the warehouse. The relative costs of shipping the goods will be borne by the User, except in the event that GeMiTo has not informed the same about it at the time of the conclusion of the contract, in accordance with art. 57 paragraph 1 of the Consumer Code.
The goods must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all their parts, accompanied by all the accessories and leaflets, the identification tags and the original labels, if any, still attached to the goods and intact and not tampered with, as well as perfectly suitable for their intended use and free of signs of wear or dirt.
As required by art. 57 paragraph 2 of the Consumer Code, the User is responsible for any decrease in value resulting from a manipulation of the asset other than that necessary to establish the nature, characteristics and functioning of the asset itself. In this case GeMiTo, upon written communication to be sent to the User within 5 working days of receipt of the goods, may reduce the amount of the refund due to this decrease in value, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due by the User due to the decrease in value of the asset.
GeMiTo can refuse to accept a withdrawal for food products that have been consumed, even partially. Pursuant to art. 59 of the aforementioned Consumer Code are excluded from the possibility of withdrawal goods made to measure or customized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration.
Exceptions to the Right of Withdrawal
In any case, it is understood that, with reference to the services provided, the right of withdrawal cannot be exercised by the User after the complete supply of the products by GeMiTo if the supply itself has started with the express agreement of the User and the latter have agreed to lose the right of withdrawal following the full execution of the service by GeMiTo.
In any case, pursuant to art. 59 of the Consumer Code, goods made to measure or customized or which, by their nature, cannot be returned or are subject to rapid alteration or deterioration are excluded from the possibility of withdrawal.
The eventual disbursement of the sums by way of reimbursement by GeMiTo, if due, will take place pursuant to article 56 paragraph 1 of the Consumer Code as soon as possible, and in any case no later than 14 days from the date on which the event that gave rise to the reimbursement occurred and in the event of withdrawal, from the day on which it became aware of the relative exercise by the User.GeMiTo will reimburse using the same payment method used by the User for the initial transaction, unless expressly agreed otherwise with the User and provided that the same does not have to incur any costs as a consequence of using the different payment method. If the User has explicitly chosen a different type of delivery that provides higher delivery costs than those associated with the standard delivery offered by GeMiTo ("Additional Costs"), the latter will not be required to reimburse the related Additional Costs. It is understood that, except in cases where GeMiTo has decided to collect the goods directly, GeMiTo will be able to withhold the refund until it has received the goods or until the User has demonstrated that he has sent the goods back, depending on which situation occurs first.