Returns and refunds
9. Right of withdrawal
1.1. Pursuant to article 52 of the Consumer Code, the Customer has the right to withdraw from the Contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his representative authorized to receive the Product) physically enters in possession of the Product (so-called legal withdrawal). In the case of multiple Products ordered by the Customer through a single Order and delivered separately, the deadline for exercising the right of withdrawal starts from the day on which the Customer or a third party designated by the Customer, other than the Courier, acquires physical possession of the last Product. Fortuna Italia srl grants the Customer a further 16 (sixteen) days to return the purchased Product, for a total of 30 (thirty) days (so-called conventional withdrawal).
1.2. To exercise the right of withdrawal and return the product, the Customer can, within the deadline set out in the previous article 1.1.:(i) communicate to the Customer Service of Fortuna Italia srl at no. 080 8695847 or by e-mail to info@fortunaitaliastore.com the intention to exercise the right of withdrawal, providing the following information: (a) Order number; (b) indication of the Product for which the Customer wishes to exercise the right of withdrawal;
1.3. Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with the previous article 9.2.), the Customer must return the purchased Product: (i) to Fortuna Italia srl, if it is a Product sold by Fortuna Italia srl, sending it to the address indicated on the return label in the box in which you received the Product; (ii) to the Partner, if it is a Partner Product, sending it to the address indicated on the Product Page and reported in the Order, following the instructions on the Site. The costs for returning the Product will be borne by the Customer.
1.4. The purchased Products must be returned intact, unused, in their original packaging (where applicable), undamaged and equipped with an identification tag attached with a disposable seal still attached. In particular, underwear and swimsuits will also be accepted only if returned in their original packaging, with an identification tag attached with a disposable seal still attached and the hygiene label. In case of depreciation of the Products, due to a manipulation of the same which is not strictly necessary to verify their nature and characteristics, Fortuna Italia srl and the Partner reserve the right not to accept the return or not to fully refund the sums paid for the the purchase of Products that do not have the relevant tag, the original packaging or that have been altered in their essential and qualitative characteristics or that have been used or damaged.
1.5. Having received a notice of withdrawal from the Customer and verified the correct execution of the terms and conditions indicated in this article, Fortuna Italia srl or the Partner will refund the Customer the price of the Product. Fortuna Italia srl or the Partner carries out the refund using the same means of payment used by the Customer for the purchase of the returned Product, unless otherwise expressly agreed with the Customer and provided that the latter does not have to incur additional expenses for this refund . In the event that the Customer has chosen payment on delivery, the refund will be made via bank transfer to the current account indicated by the Customer. Furthermore, if the Customer has chosen to pay via a gift voucher, he will be given a voucher of the same amount to be used for future purchases on the Site.
1.6. Fortuna Italia srl or the Partners may suspend the refund until the returned Product is received or, if it occurs before such receipt, until the Customer provides proof of having sent the Product back.
1.7. The Products can also be returned, within the deadline specified in article 1.1., to Fortuna Italia srl sales points, or to the Access Points indicated on the Site. No refunds will be made at Fortuna Italia srl sales points and Access Points. cash; the refund will be made according to the procedure set out in articles 1.5 and 1.6. In the case of returns of Products purchased from a Partner carried out at Fortuna Italia srl sales points or at Access Points, the refund will be made exclusively following verification and confirmation by the Partner of the integrity of the Product returned pursuant to the article 1.4.
1.8. The practical instructions for returning the Products pursuant to this article are also present on the Site.
2. Cases of exclusion of the right of withdrawal;
2.1. In compliance with the provisions of article 59, paragraph 1, of the Consumer Code, the right of withdrawal does not apply to Orders relating to personalized Products such as, by way of example and not limited to, Products on which the Customer's initials are engraved . The right of withdrawal is also excluded in relation to sealed Products which do not lend themselves to being returned for hygienic reasons or related to health protection and which have been opened after delivery, such as, by way of example, cosmetic products for the care and beauty of the person.
2.2. The right of withdrawal may be excluded, in accordance with the provisions of Article 59, paragraph 1, also in relation to other categories of Products, such as goods that risk deteriorating or expiring rapidly, which include Food Products: in this case case Fortuna Italia srl will specify this circumstance to the Customer on the Product Page.
3. Replacement of Products;
3.1 The replacement of the Products due to a change in size is not foreseen. The Customer must return the Product he wishes to replace and send a new Order Request for the different size. Even at Fortuna Italia srl sales points, no replacements of the Products purchased on the Site are carried out, without prejudice to the right of withdrawal referred to in article 1.4. Defects of conformity
4.1. If a Product sold by Fortuna Italia srl or by a Partner were to present a production defect and in any case for any alleged lack of conformity relating to Products sold by Fortuna Italia srl or by the Partner, the Customer can immediately contact Fortuna Italia srl Customer Service by e-mail to info@fortunaitaliastore.com or to no. 0808695847.4.2. The sale of the Products is subject to the legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code. Pursuant to these regulatory provisions, the Customer has the right to obtain the restoration of the conformity of the goods through repair or replacement (the Customer may choose whether to obtain the repair or replacement of the Product under the conditions established by law), without any expense at his expense, or, in the event that one of these remedies is unsuccessful, in accordance with the provisions of article 130, paragraph 7, of the Consumer Code, you may obtain an appropriate reduction in the price of the Product or the termination of the Contract. The Customer loses these rights if he does not report the lack of conformity within 2 (two) months from the date on which he discovered such lack of conformity. The action aimed at asserting a lack of conformity not maliciously concealed by the seller expires, in any case, within 26 (twenty-six) months from delivery of the Product.
4.3. In the event that the Customer requests, within the terms set out in this article 12, the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs relating to the return to Fortuna Italia srl or to the Partner of the Product to be repaired or replaced, as well as all costs relating to delivery of the repaired or replaced Product to the Customer, remain the responsibility of Fortuna Italia srl or the Partner. These expenses include customs duties which in this case remain the responsibility of Fortuna Italia srl or the Partner.