Terms and conditions of use

Right of Withdrawal

Under Articles 52 and following of Legislative Decree No. 206/2005, if the customer is a consumer (i.e. a natural person who purchases goods for purposes not related to their professional activity, or does not make the purchase by indicating a VAT reference in the order form), they have the right to withdraw from the purchase contract for any reason, without any penalty.

The products are covered by the legal guarantee of conformity (lasting two years) pursuant to Articles 128 and following of the Consumer Code. Legislative Decree No. 170 of November 4, 2021, implementing EU Directive 2019/771, introduced several changes to the Consumer Code, which apply to all sales contracts (including online) between a consumer and a seller concluded after January 1, 2022.
A significant change is the elimination of the obligation for the consumer to report defects within two months of discovery.

Regarding return times, Article 57 of the Consumer Code establishes that: unless the professional has offered to collect the goods themselves, the consumer must return the goods or deliver them to the professional or to a third party authorized by the professional to receive the goods, without undue delay and in any case within fourteen days from the date the consumer communicated their decision to withdraw from the contract.

All products sold are covered by the legal conformity guarantee provided by Articles 128 and following of the Consumer Code, which covers any defects in conformity of the purchased items, existing at the time of delivery and manifested within two years from delivery. Defects caused by accidental events or the consumer's responsibility for using the products in a manner not conforming to their intended use, or due to normal wear and tear, are excluded from conformity defects and thus from the legal warranty.
The customer may request, at their choice, the seller to repair the good or replace it, at no charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller.
The consumer has the right to a proportional price reduction or to terminate the sales contract, as provided by Article 135 bis, paragraph 4, of the Consumer Code, especially if: the seller has not repaired or replaced the item within the terms and conditions provided by the Consumer Code, or has refused to make the goods conform; if the defect is so severe that it justifies an immediate price reduction or contract termination; if a conformity defect appears despite the seller's attempt to restore the goods' conformity; if the seller has declared (or it is clearly evident from the circumstances) that they will not restore the conformity of the goods within a reasonable period or without inconvenience.
The consumer is not entitled to terminate the contract if the defect is of minor importance.
To benefit from this guarantee, the customer must report the conformity defect by sending communication to the seller indicating the defects and faults found.
Unless proven otherwise, it is presumed that any conformity defect that appears within one year from the moment the goods were delivered existed at that time, unless such an assumption is incompatible with the nature of the goods or the nature of the conformity defect.

In case of disputes with consumers, pursuant to Article 66-bis of Legislative Decree 206/2005 (Consumer Code), territorial jurisdiction is indisputably assigned to the consumer's place of residence (or domicile).

If the customer is a consumer established in Europe, they can use the platform established by the European Commission to resolve any disputes arising from the online contract concluded on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

The right of withdrawal is governed by Articles 52 and following. of the Consumer Code;

  • The consumer is free to choose the method to communicate the withdrawal (any clear statement, registered letter, fax, e-mail, online form, etc.). Among the alternative methods of exercising the withdrawal, pursuant to Article 54 of the Consumer Code, attach a standard letter or online form as per Annex I, part B, Consumer Code (see aicel.org, "practical examples" login page);
  • The deadline for communicating the withdrawal is 14 days from the delivery of the goods.

To exercise this right, the customer must send an email to "info@labiancheriaperlacasa.com " and inform us of the return request.

Once the email is received, DITTA MASSA ELIO will contact and subsequently authorize the customer to send the product subject to the right of withdrawal, which must be received within 14 working days at our offices.

The return shipping address is as follows:

DITTA MASSA ELIO
Via Torino 72
10077 San Maurizio Canavese (TO) phone 011-9277642

The consumer must return the goods within 14 days from when they sent the withdrawal notice;

  • Pursuant to Article 56 of the Consumer Code, the deadline for the seller to issue a refund is 14 days from receipt of the withdrawal communication; the refund may be withheld beyond 14 days only until the consumer proves they have returned the goods or until the goods are received by the seller; furthermore, the cited regulation specifies that the original shipping costs must also be refunded to the consumer, in addition to the price of the good.
    Furthermore, the cited regulation specifies that the original shipping costs must also be refunded to the consumer, in addition to the price of the good. The only costs charged to the consumer are those for the return shipping.
  • The consumer is solely responsible for any decrease in the value of the goods resulting from handling the goods in a way other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Pursuant to Article 56 of the Consumer Code, the deadline for the seller to issue a refund is 14 days from receipt of the withdrawal communication; the refund may be withheld beyond 14 days only until the consumer proves they have returned the goods or until the goods are received by the seller; furthermore, the cited regulation specifies that the original shipping costs must also be refunded to the consumer, in addition to the price of the good.

The right of withdrawal is subject to the following non-derogable conditions:

The right applies to the entire product purchased; it is not possible to exercise withdrawal on only part of the purchased product;

The purchased good must be intact and returned in its original packaging, complete with all its parts (including packaging, documentation, and any accessories);
To prevent damage to the original packaging, we recommend placing it in a second box. Under no circumstances should labels or adhesive tapes be applied directly to the product's original packaging;
The item subject to the right of withdrawal must be returned in normal condition, as it has been stored and possibly used with normal diligence: used products showing signs of damage or dirt that can no longer be considered intact will not be accepted; the return shipping costs are the responsibility of the customer; the shipping, until the receipt confirmation at our warehouse, is under the full responsibility of the customer; in case of damage during transport, DITTA MASSA ELIO will notify the customer of the incident (within 5 working days from receipt of the item at our warehouse), so the customer can promptly file a complaint with the carrier of their choice and get a refund for the item's value (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the withdrawal request;
DITTA MASSA ELIO is not responsible for damages or theft/loss of goods returned with uninsured shipments;
Except for possible restoration costs for damages to the original packaging, DITTA MASSA ELIO will refund the customer the amount already paid for the product as soon as possible, and in any case, within 14 days from the receipt of the withdrawal communication, after receiving the returned goods, via credit card chargeback or bank transfer.
In the latter case, the customer must promptly provide their bank details for the refund (IBAN code - Bank account of the invoice holder).

The right of withdrawal expires entirely for:

  1. Failure to meet the essential condition of integrity of the goods (packaging and/or its contents), in cases where DITTA MASSA ELIO determines the absence of the external packaging and/or original internal packaging;
  2. The absence of integral parts of the product or anomalies in the product itself;
  3. Damage to the product caused by reasons other than its transport;
  4. Dirty condition of the product due to its use, compromising its integrity;
  5. Clear evidence of use of the product (washing, ironing, etc.)

Return shipping costs and risks are entirely the responsibility of the customer.
The return of non-intact, deteriorated products, or those missing original accessories and equipment will not be accepted by DITTA MASSA ELIO and will be returned to the sender at their expense.

LA BIANCHERIA PER LA CASA adheres to the ethical code of the Italian Association of E-Commerce available at the following link: https://www.aicel.org/codice-etico-dei-merchant-aicel.

Damage during Transport

DITTA MASSA ELIO is not responsible for damages during transport that are not clearly reported in the pickup slip.

If visible damage is found on the packaging, it is possible to refuse the package by indicating on the pickup slip:

"REFUSED DUE TO VISIBLE DAMAGE", specifying the location of the dent/damage.

It is also possible to accept the package by indicating on the pickup slip:

"ACCEPTED WITH RESERVE DUE TO VISIBLE DAMAGE" specifying the location of the dent/damage.
In addition, it is necessary to check that the number of packages corresponds to what is indicated on the invoice.