Returns and Refunds

 

8. Right of withdrawal

8.1 The Right of Withdrawal applies only to consumers, i.e., natural persons acting for purposes unrelated to any professional, commercial, or entrepreneurial activity. Therefore, purchases made by retailers and companies are excluded from the right of withdrawal.

8.2 The consumer-purchaser has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on www.divestro.com in the manner indicated below.

8.3 To withdraw from the contract, the consumer-purchaser may use the Return Form (conforming to the standard form pursuant to art. 49, paragraph 4 of the Consumer Code) or draw up and send to the Seller another explicit declaration of the decision to withdraw from the contract, indicating the order number and date, to be completed and sent directly to the address: info@divestro.com or send by registered mail with return receipt to the address: Loc. i Cappuccini, 48, Colle di Val d'Elsa, 53034, Siena (Italy). In both cases, the burden of proving the correct and timely exercise of the right of withdrawal will be on the purchaser.

8.4 Once the withdrawal from the contract has been exercised, the Purchaser will return the products to the Seller at the address: Loc. i Cappuccini, 48, Colle di Val d'Elsa, 53034, Siena (Italy), by delivering them to the courier for shipment within fourteen (14) days from when the decision to withdraw from the contract was communicated to the Seller.

8.5 The only costs borne by the purchaser are those for returning the purchased products, unless the Seller has expressly exempted them from such costs at the time of purchase. The costs for importing goods from non-EU countries are borne by the purchasers.

8.6 The Right of Withdrawal – in addition to complying with the terms and conditions described in points 8.1, 8.2, 8.3 and 8.4 above – is considered correctly exercised if the following conditions are also fully met:

1. the submitted return form or other explicit declaration of the decision to withdraw from the contract must be correctly completed and sent to the Seller within fourteen (14) days of receipt of the products;
2. the products must not have been used, washed, and must be intact;
3. the products must be returned in their original packaging;
4. the returned products must be delivered to the courier within fourteen (14) days from when the decision to withdraw from the contract was communicated to the Seller;
5. the products must not be damaged.

8.7 The Right of Withdrawal cannot be exercised for purchased products for which, during the order phase, the buyer requested engraving or personalized decoration. The Right of Withdrawal cannot be exercised for custom-made works.

8.8 If the Right of Withdrawal is exercised following the procedures and terms indicated in this paragraph 8, the Seller will refund any sums already received for the purchase of the products according to the established methods and terms.

8.9 The sums will be refunded as soon as possible and, in any case, within fourteen (14) days from the date on which the Seller became aware of the exercise of the right of withdrawal, refund procedures will be activated, once the correct execution of the aforementioned terms and conditions has been verified.

8.10 If the procedures and terms for exercising the right of withdrawal indicated above, referred to in points 1, 4, and 5 of the preceding paragraph 8.6, are not respected, there will be no right to a refund of the sums already paid to the Seller. Within 14 days of sending the email communicating the non-acceptance of the return, the buyer may choose to re-obtain, at their expense, the products in the state in which they were returned to the Seller, by notifying the Seller, according to the methods that will be communicated. Otherwise, the Seller may retain the products, in addition to the sums already paid for their purchase.

If the conditions referred to in points 2, 3, and 4 of the preceding paragraph 8.6 are not respected, there will be no right to a full refund of the sums already paid to the Seller. The Purchaser will, in fact, be responsible for the decrease in value of the returned products, resulting from use other than that authorized by the Seller for the purpose of ascertaining the nature, characteristics, and functioning of the products themselves. In this case, a percentage between 10% and 90% of the sums paid to the Seller for the purchase of the returned products will be deducted from the expected refund, as will be specifically communicated, via email, by the Seller. Within 14 days of sending the email communicating the amount deducted from the refund, the Purchaser may choose to re-obtain, at their expense, the products in the state in which they were returned to the Seller, by notifying the Seller, according to the methods that will be communicated. Otherwise, the Seller may retain the products and an amount corresponding to the percentage deducted from the refund.

Refund times and methods

9.1 After the return of the products, the Seller carries out the necessary checks relating to their conformity with the conditions and terms indicated in paragraph 8. If the checks are positive, the Seller sends the Purchaser, via email, the relevant confirmation of acceptance of the returned products. If the checks are not positive, the Seller communicates, via email, the existence of a decrease in value of the returned products, resulting from the Purchaser's non-compliance with the conditions referred to in points 2, 3, and 4 of the preceding paragraph 8.6. At the same time, the Seller also communicates the amount that will be deducted from the sums paid for the purchase of the returned products; without prejudice, alternatively, to the possibility of re-obtaining, at the Purchaser's expense, the products in the state in which they were returned to the Seller, as provided in the preceding paragraph 8.10.

9.2 Whatever payment method is used, the refund, full or partial, is activated by the Seller as soon as possible.

9.3 The Seller processes the refund using the same payment method used by the Purchaser for the purchase of the returned products, unless the Purchaser has expressly agreed with the Seller to use a different payment method and provided that the Purchaser does not incur any additional costs as a consequence of the refund.