UNILIBRO and the law
D.Lgs. 22-5-199 n.185 - Right of withdrawal
The relationship between UNILIBRO and the buyer is regulated by the Legislative Decree stated below:
D.Lgs. May 22, 1999, n. 185
published in the O.G. June 21, 1999, n. 143
Effective direction 97/7/CE regarding consumer protection in stipulating contracts at a distance.
1. For the purpose of this decree, it is intended that for:
a) DISTANCE CONTRACT: contract, having as object goods or services stipulated between supplier and consumer in the context of a selling system or rendering service at a distance, organised by the supplier that, for the contract, used exclusively one or two distance communication techniques for duration and conclusion of the contract in question;
b) CONSUMER: the physical person that in relation to contracts mentioned in a), operates for purposes not referable to any professional practice
c) SUPPLIER: the physical or juridical person that in the distance contract operates in the context of his own professional activity;
d) DISTANCE COMMUNICATION TECHNIQUES: any means that without the physical and simultaneous presence of the supplier and consumer can lend itself for the conclusion of the contract between both parts; an indicative list of techniques contemplated for this decree is reported in attachment I;
e) COMMUNICATION TECHNIQUE OPERATOR: the physical or juridical person, public or private, whose professional activity consists in offering the supplier one or more techniques of distance communication.
2. Field of application
1. This decree is applied to distance contracts, except those:
a) relative to financial services, an indicative list is reported in attachment II;
b) concluded through automatic distributors or automated commercial premises;
c) concluded by telecommunication operators using public telephones;
d) relative to construction and sales or other rights relative to real estate, excluding the location;
e) concluded in occasion of an auction sale.
3. Consumer information
1. Within reasonable time and before the conclusion of any distance contract, the consumer must receive the following information:
a) supplier's identity and in the case of anticipated payment the address of the supplier;
b) essential characteristics of goods or service;
c) price of goods or service, including taxes or duties;
d) delivery charges;
e) methods of payment and delivery of goods or service rendered and any other forms for contract execution;
f) existence or not of right of withdrawal, according to article 5, comma3;
g) methods and times for restitution or consignment of goods in the case of exercising the right of withdrawal;
h) cost for the use of distance communication techniques, if it is calculated on different basic rates;
i) duration of validity and price of the offer;
l) minimum contract duration in the case of contract that provides products or renders services continuously or periodically.
2. Information mentioned in comma 1, whose commercial use must be unequivocal, must be furnished clearly and comprehensibly, by any adequate means of distance communication techniques used, observing in particular, principles in good faith, and fairness regarding commercial transactions, valued in the same way as protection standards for the categories of particularly vulnerable consumers.
3. In case of telephone communication, supplier's identity and commercial purpose of the telephone call must be declared comprehensively at the beginning of the conversation with the consumer, if not, contract is null and void.
4. In the case of utilisation of techniques that consent an individual communication, the information mentioned in comma 1 are furnished, or better, requested by the consumer, in the Italian language.
In this case, confirmation and ulterior information are furnished in the same language as stated in article 4.
4. Written confirmation of the information
1. The consumer must receive confirmation in writing or, at his choice, on other durable support available and by him accessible, of all information foreseen in article 3, comma 1, before or at the time of contract execution.
At this time and in the same form, the following information must be furnished anyway to the consumer:
a) information on conditions and methods of exercising the right of withdrawal, according to article 5, including cases of article 5, comma 2;
b) geographical address of the supplier's home office in order that the consumer can present complaints;
c) information of assistance service and existing commercial guarantees;
d) conditions for withdrawal from the contract in case of indefinite or over a year's duration.
2. The dispositions of this article are not applied to the services executed through a distance communication technique, and if these services are furnished in a package solution and are billed by the operator of the distance communication.
Even in this case the consumer must be provided with the geographical address of the supplier to be able to present complaints.
5. Exercising the right of withdrawal
1. The consumer has the right to withdraw from any distance contract, without any penalty or specifying any reason, within ten business days.:
a) for goods, from the day the consumer receives goods and where the obligations of article 4 are fulfilled, if this occurs after contract conclusion must not exceed three months time.;
b) for services, from the day of contract conclusion or the obligations of Arielle 4 are fulfilled, if this occurs after contract conclusion must not exceed three months time.
2. In the case where the supplier has not fulfilled the obligations of article 4, the time limit to exercise the right of withdrawal is three months and runs from:
a) for goods, the day the consumer receives the goods;
b) for services, the day of contract conclusion.
3. Unless otherwise accorded, the consumer can not exercise the right of withdrawal foreseen in commas 1 and 2 for contracts:
a) to furnish services whose execution has started, in agreement with the consumer, before the seven days expiry term foreseen in comma 1
b) to furnish goods or services whose price is connected with the fluctuations of the financial market that the supplier is not able to control;
c) to furnish made-to-measure or clearly personal goods or that for their nature can not be returned or risk deterioration or rapid alteration;
d) to furnish audiovisual products or sealed computer software products opened by consumer;
e) to furnish newspapers, periodicals and magazines;
f) to service gambling and lotteries.
4. The right of withdrawal is exercised by forwarding, within the time limits foreseen, written communication to the geographical address of the home office of the supplier through registered mail with notification of receipt.
Communication can be sent, within the time limits, by telegram, telex and facsimile also, on condition that it is confirmed through registered mail with notification of receipt within the following 48 hours.
5. If the goods have been delivered properly, the consumer is responsible for returning or making available to the supplier or person designated by him, according to the methods and times foreseen by the contract.
The term for restitution of the goods cannot be anyways less than ten business days, starting from the date the goods were received.
6. To exercise the right of withdrawal according to this article, the consumer must pay only direct expenses for restitution of the goods to the sender, where expressly foreseen by the distance contract.
7. If the right of withdrawal is exercised by the consumer according to the dispositions of this article, the supplier is responsible for refunding the sum paid by consumer.
The refund must be free of charge, in the shortest time possible and in any case within thirty days of the date that the supplier received notification of the right of withdrawal by the consumer.
8. If the price of goods or service, object of the distance contract, whether entirely or partially covered by credit concession to the consumer, by the supplier or third party based on an agreement between them and the supplier, the credit contract is understood rescinded of rights, without any penalty, in the case where the consumer exercises the right of withdrawal according to the dispositions in the previous commas.
The supplier is obliged to communicate, to the third party that has granted credit, the consumer's decision to exercise the right of withdrawal.
Any sum paid by the third party that has granted credit for payment of the goods or service, is refunded by the supplier up to the moment he receives notification of right of withdrawal by consumer, without penalty, with the exception of any payment of interest due.
6. Contract execution
1. Unless otherwise accorded between the parties, the supplier must execute the order within thirty days from the day after the consumer transmitted the order to the supplier.
2. In the case where the supplier fails to execute the order due to non-availability, even temporary, of the goods or service requested, the supplier, within the term mentioned in comma 1, informs the consumer, according to the methods mentioned in article 4, comma 1, and provides refund of any sum paid for the goods.
Unless the consumer consents before or at the moment of contract conclusion, the supplier can not substitute goods different from those agreed upon, even if equal or superior in value and quality.
1. The articles 3, 4, 5 and comma 1 of article 6 are not applied:
a) ) to contracts of supplies of foodstuffs, beverages or other goods used for current domestic consumption delivered to the consumer's domicile, at his residence or place of work, by distributors that make frequent and regular rounds;
b) to contracts of supplies of services relative to lodgings, transportation, meals, pastimes, when at contract conclusion the supplier promises to furnish these services at a determined date or agreed time.
8. Credit card payment
1. The consumer can make payment by credit card when this is foreseen in the methods of payment, which should be communicated to the consumer according to article 3, comma 1, letter e), of this legislative decree.
2. The institute who issued the credit card credits the payments to the consumer that have exceeded the price agreed upon or transacted through fraudulent use of the card in question by the supplier or third party, with exception of the application of article 12 of Law Decree May 03, 1991, nr.143 (under SICUREZZA PUBBLICA), converted, with modifications, by law July 05, 1991, nr. 197.
The issuing institute has the right to debit the supplier for the sum credited to the consumer.
9. Products not requested
1. . It is prohibited to furnish goods or services to a consumer without his previous order in the case where the product requires payment.
2. The consumer is not required to pay any sum for products not requested.
In any case, the lack of a reply does not signify agreement.
10. Limits to the use of each distance communication techniques
1. The use by the supplier of the telephone, electronic mail of automated systems for calls without intervention by an operator or fax, requires the consumer's preventive consent.
2. Distant communication techniques that differ from those in comma 1 and consenting consent an individual communication, can be used by the supplier only if the consumer does not explicitly declare disapproval.
11. Inalienable rights
1. The rights attributed to the consumer in this legislative decree are inalienable.
Every negotiation contrasting with the dispositions in this decree is null.
2. Where the parties have chosen to apply a legislation different from the Italian to the contract, anyway, the consumer protection conditions foreseen in this legislative decree must be acknowledged.
1. With exception to the application of the penal law where the fact constitutes a crime, the supplier that infringes the norms of articles 3,4,6,9 and 10 of this legislative decree, that is, obstructs the practice of the right of withdrawal by the consumer according the methods of article 5 or does not refund to the consumer any sums paid, is punishable with the pecuniary administrative sanction from one to ten million lire.
2. In particularly serious or recurring cases, the minimum and maximum limits of the sanctions indicated in comma 1 are doubled.
3. Sanctions are applied according to the law of November 24, 1981, nr. 689 (reported under ORDINAMENTO GIUDIZIARIO).
Nevertheless, when foreseen in the order of investigative powers of the officers and agents of the judicial police by article 13 of above mentioned law November 24, 1981, nr. 689 (reported under ORDINAMENTO GIUDIZIARIO), the organs of the administrative police undertake investigation of the violations, by office or accusation.
The declaration foreseen in article 17 of the law November 24, 1981, nr. 689 (reported under ORDINAMENTO GIUDIZIARIO), is presented to the Provincial Office of Industry, Commerce and Trades of the province of residence or legal seat of the commercial operator.
13. Collective actions
1. In relation to the dispositions of this legislative decree, the consumer associations and users are legitimised to act in safeguarding the collective interests of the consumer, according to the article 3 of law July 30, 1998, nr. 281 (reported at nr. CIII).
14. Law court
1. For civil controversies concerning the application of this legislative decree, the categorical territorial responsibility belongs to the judge in the place of residence or domicile of the consumer, if situated in State territory.
15. Transitory and final dispositions
1. The distance contract must contain reference to this legislative decree.
2. Until the enactment of a single coordinating text of the dispositions of this legislative decree with the discipline beared by the legislative decree January 15, 1992, nr. 50 (reported at n.LXXXVII) to the special forms of sales foreseen by article 9 of legislative decree January 15, 1992, nr. 50 (reported at n. LXXXVII) and of the articles 18 and 19 of legislative decree March 31, 1998, nr. 114 (reported at nr. CII), are applied the dispositions most favourable for the consumer contained in this legislative decree.
3. This legislative decree will go into force one hundred and twenty days from the date of publication in the Official Journal of the Italian Republic.
Communication techniques as referred to in article 1, comma 1 letter d):
- unaddressed publications;
- addressed publications;
- circular letter;
- newspaper advertisement with coupon;
- telephone with operator intervention;
- telephone without operator intervention (automatic calling machine, audiotext);
- teletext (microcomputer, TV screen) with touch sensitive key board or screen;
- television (TV buying, TV selling).
Financial services mentioned in article 2, comma 1, letter a):
- investment services;
- insurance and reinsurance transactions;
- banking services;
- pension fund transactions
- transactions of short term or optional services.
These services include, in particular:
- investment services of which the directive attachment 93/22/CEE, service of collective investment companies;
- services that are considered activities that benefit from reciprocal recognition to which is applied the attachment of the second directive 89/646/CEE;
- transactions that are considered insurance and re-insurance activity of which
* article 1 of the directive 73/239/CEE;
* directive attachment 79/267/CEE;
* directive 64/225/CEE;
* directive 92/49/CEE and 92/96/CEE.
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