14.1.1 Withdrawal from the Contract by the Customer.
The user, who is a consumer, has the right to withdraw from the Product purchase contract, without having to provide any reason, within fourteen (14) calendar days. The withdrawal period ("Withdrawal Period") expires after 14 days:
- a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products; or...
- b) in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product.
14.1.2 To exercise the right of withdrawal, the user must inform Rosanio di Milton Rosanio (rosaniojewels.com), before the expiry of the Withdrawal Period, of their decision to withdraw.
14.1.3 To this end, the user must send Rosanio di Milton Rosanio a written declaration using the appropriate form downloadable from the Website, in which they explicitly state their decision to withdraw from the contract, indicating:
- i) their personal details;
- ii) the order number;
- iii) the SKU code indicated in the order summary document following the purchase of the Product(s) for which they intend to exercise the right of withdrawal;
- (iv) their address ("Declaration of Withdrawal").
14.1.4 It is in the user's interest to use a durable medium for the "Declaration of Withdrawal" since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the user.
14.1.5 Following the exercise of the right of withdrawal, the user must return the Products to Rosanio di Milton Rosanio, without undue delay and in any case no later than 14 calendar days from the date on which they notified Rosanio di Milton Rosanio of their decision to withdraw; the Product is considered returned when it is delivered, within the aforementioned period, to the courier indicated by Rosanio di Milton Rosanio, or, if possible, to the courier chosen by the user or to an Authorized Sales Point in the territory. ("Return Period"). For the return, the user must follow the procedure indicated in subsequent article 14.1.6, as well as in the instructions made available to the user both on the Website, before the conclusion of the contract, and attached to the order confirmation email ("Standard Withdrawal Instructions").
14.1.6 Within the "Return Period":
- (i) the user who returns the Product from the same country where the Product was delivered to them, as shown in the order confirmation email (e.g.: if the user - regardless of their nationality, place of residence or establishment - asked for the product to be delivered to Italy, the prepaid return procedure referred to in this paragraph can only be used if the collection location of the Product subject to withdrawal is in Italy), must return it, suitably protected and packaged, via the courier made available by Rosanio di Milton Rosanio, attaching to the packaging of the Product to be returned the label that Rosanio di Milton Rosanio will provide to the user following receipt of the "Declaration of Withdrawal" ("Courier Label"). Once the Courier Label has been received, the user can contact the courier, whose contact details are indicated in the Standard Withdrawal Instructions, to arrange the date and place of collection of the package. In this case, the user will be liable for the costs of returning the Product and will not bear the risks of loss or damage to the Product during shipment ("Prepaid Return").
- (ii) the user who returns the Product from a country different from the one (indicated in the order confirmation email) where the delivery took place or, even in the case of the same country, but with a courier of their choice, must return it, suitably protected and packaged and under their own responsibility, using a carrier of their choice and at their own expense, including any customs costs ("Return via Own Carrier"), sending it to the following address:
- Rosanio di Milton Rosanio
- Registered Office – Via Sicilia 74, 09045
- Quartu Sant’Elena (CA) – Italy
- Italy
14.2.1 As an alternative to the methods of exercising the right of withdrawal and returning the Products referred to in articles 14.1.6 above, the user (regardless of their nationality, place of residence or establishment) who returns the Product from the same country where the Product was delivered to them can:
- a) after exercising the right of withdrawal within the Withdrawal Period, by sending the Declaration of Withdrawal in the manner indicated in articles 14.1.1 et seq. above, return the Product to one of the Authorized Sales Points indicated in the Standard Withdrawal Instructions and on the Website, within the Return Period, taking care to bring a copy of the Declaration of Withdrawal completed and sent to Rosanio di Milton Rosanio;
- b) exercise the right of withdrawal directly at the Authorized Sales Point, within the Withdrawal Period, by using and delivering to it the pre-filled and signed Declaration of Withdrawal, with the possibility of returning the Product to the same Authorized Sales Point, at the same time as exercising the right of withdrawal or subsequently, in any case respecting the Return Period (14 days). In order to avail themselves of the withdrawal method provided herein, the user must present to the Authorized Sales Point:
- (i) the purchase invoice received with the product shipping confirmation email;
- (ii) the Declaration of Withdrawal sent; and if applicable, the Courier label provided to the user together with the intact and packaged Product.
14.2.2 With reference to the exercise of the right of withdrawal at an Authorized Sales Point and the return to the Authorized Sales Point of the Product for which the user has already exercised or intends to exercise the right of withdrawal, as provided for in article 14.2.1 above, the following is specified:
- (I) if the user wishes to exercise the right of withdrawal at the Authorized Sales Point, they must go to the Authorized Sales Point with the Declaration of Withdrawal already completed and signed, as the Authorized Sales Point employee cannot print and have the user sign any form and/or declaration of withdrawal on site;
- (II) the exercise of withdrawal and/or the return of the Product by the methods referred to in article 14.2.1 above are only permitted at Authorized Sales Points; Sales Points other than those Authorized are not authorized to accept withdrawal and return;
- (III) the provisions of articles 14.3, 14.4, 14.5, 14.6 and 14.7 below also apply in full in the case of exercising the right of withdrawal and/or returning the Product to an Authorized Sales Point; consequently, if the withdrawal has been exercised in accordance with applicable law, Rosanio di Milton Rosanio will refund the Total Amount Due (calculated as indicated in subsequent articles 14.3 and 14.4 and according to the timing disciplined in said articles) using the same payment method used by the user for the initial transaction, unless Rosanio di Milton Rosanio and the user have expressly agreed otherwise. In any case, cash refunds are excluded;
- (IV) the Authorized Sales Point, before accepting the return, must verify the existence of the conditions for its acceptability as specified in subsequent article 14.5; if, in its judgment, it does not find them, it cannot accept the return of the Product;
- (V) the Authorized Sales Point will issue the user with a copy of the Declaration of Withdrawal presented by the user, which will serve as a receipt, acknowledging receipt of the Product, from which the date of exercise of the right of withdrawal and/or, as the case may be, of return of the Product, with the stamp and signature of the employee, will be evident.
14.3. If the user withdraws from the contract, Rosanio di Milton Rosanio will refund the Total Amount Due paid by the user for the Product excluding delivery costs by charging any product return costs, without undue delay and in any case no later than 14 calendar days from the day on which Rosanio di Milton Rosanio was informed of the user's decision to withdraw from the contract. The refund amount will be communicated via e-mail. The refund will be made using the same payment method used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not incur any cost as a consequence of such refund. The value date of the credit will be the date of the credit itself.
14.4. The user is solely responsible for the decrease in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functioning, accompanied by all accessories and instruction sheets, with identification tags and labels, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
14.5. In the event that the withdrawal has not been exercised in accordance with applicable law, it will not result in the termination of the contract and, consequently, will not give rise to any refund. Rosanio di Milton Rosanio (rosaniojewels.com) will notify the user within 7 business days of receipt of the Product, rejecting the withdrawal request. The Product, if already received by Rosanio di Milton Rosanio, will remain with the latter at the user's disposal for collection, which must take place at the expense and under the responsibility of the user.
14.7 In the event that, due to one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be provided either in the Product Sheet or during the purchase process, before the user proceeds with submitting the order. The right of withdrawal, in any case, does not apply to Custom Made Products (see art. 7.4.1).
14.8 Withdrawal from the Contract by Rosanio di Milton Rosanio
Rosanio di Milton Rosanio (rosaniojewels.com) exercises the right to withdraw from the contract for legal reasons, but also in the event that:
- (i) the agreed purchase price is not paid by the customer correctly and on time;
- (ii) if, due to erroneous information provided by the seller, the agreed purchase price, availability, discounts or promotions can no longer be met as agreed with the customer;
- (iii) if, due to force majeure or third parties, the goods cannot be delivered under the agreed conditions. The following cases (merely illustrative and not exhaustive) are considered critical circumstances leading to the cancellation of the order:
- (i) problems related to the identification, properties and availability of the goods;
- (ii) problems with identifying the buyer, the purchase price;
- (iii) problems related to the amount and methods of any application of discounts or other promotions;
- (iv) problems related to the payment method and delivery methods.