Who can and how to activate the withdrawal?

The right of withdrawal is regulated pursuant to Legislative Decree 206/2005 if the customer-consumer (i.e. a natural person who purchases the goods for purposes not related to his/her professional activity, or does not make the purchase by indicating a VAT number in the order form) has the right to withdraw from the purchase contract for any reason. To exercise this right, the customer must send a communication to info@niceoneshoulder.it within 14 calendar days of receiving the goods.

In the event of a return, the product/s must be sent to:

Nice One Shoulder by Fabio Carrasta - Via PIo XII, 24 -80026- Casoria - Naples - Italy

and must report the PRODUCT CODE and the accompanying invoice number. In the event of exercising the right of withdrawal, the Seller will refund all payments received from the Customer including any delivery costs incurred by the latter.

NB: Customers who purchase with a VAT number can exercise the right of withdrawal only if the product has not been used

Withdrawal methods

The right of withdrawal is in any case subject to the following conditions (Article 67 of the Consumer Code): if the goods have been delivered, the consumer is required to return them or make them available to the professional or the person designated by the latter, according to the methods and times set out in the contract. The deadline for returning the goods cannot in any case be less than ten working days from the date of receipt of the goods. For the purposes of expiry of the deadline, the goods are considered returned when they are delivered to the accepting post office or to the forwarder. For contracts concerning the sale of goods, if the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. It is however sufficient that the goods are returned in normal condition, as they have been kept and possibly used with the use of normal diligence. The only costs owed by the consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the sender, where expressly provided for in the contract. If the right of withdrawal is exercised by the consumer in accordance with the provisions of this section, the professional is required to reimburse the sums paid by the consumer, including the sums paid as a deposit. The reimbursement must be made free of charge, as quickly as possible and in any case within 14 calendar days from the date on which the professional became aware of the exercise of the right of withdrawal by the consumer. The sums are considered reimbursed within the terms if they are actually returned, sent or re-credited with a value date no later than the expiry of the term indicated above. In the event that the payment was made by means of bills of exchange, if these have not yet been presented for collection, they must be returned. Any clause that provides for limitations on reimbursement to the consumer of the sums paid as a result of the exercise of the right of withdrawal is null and void. If the price of a good or service, the subject of a contract referred to in this Title, is entirely or partially covered by a credit granted to the consumer, by the professional or by third parties on the basis of an agreement between them and the professional, the credit contract shall be deemed terminated by operation of law, without any penalty, in the event that the consumer exercises the right of withdrawal in accordance with the provisions of this Article. The professional is required to communicate to the third party granting the credit that the consumer has exercised the right of withdrawal. Any sums paid by the third party who granted the credit for payment of the good or service up to the moment in which he becomes aware of the exercise of the right of withdrawal by the consumer shall be reimbursed to the third party by the professional, without any penalty, without prejudice to the payment of accrued legal interest.

When does the right of withdrawal expire? (Article 55 of the Consumer Code)

The right of withdrawal provided for in Articles 64 et seq., as well as Articles 52 and 53 and paragraph 1 of Article 54 does not apply:

- to contracts for the supply of foodstuffs, beverages or other goods for household use for current consumption supplied to the consumer's home, place of residence or place of work, by distributors who make frequent and regular rounds - to contracts for the supply of services relating to accommodation, transport, catering, leisure, when at the time of conclusion of the contract the professional undertakes to provide such services on a specific date or within a pre-established period

Unless otherwise agreed between the parties, the consumer cannot exercise the right of withdrawal provided for in Articles 64 and following in the following cases:

- of the supply of services whose execution has begun, with the consumer's agreement, before the expiry of the term provided for in Article 64, paragraph 1

- the supply of goods or services whose price is linked to fluctuations in financial market rates that the professional is unable to control

- for the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly

- for the supply of sealed audiovisual products or computer software, opened by the consumer

- supply of newspapers, periodicals and magazines

- of betting and lottery services

For further information, please consult the text of the law available at the Ministry of Economic Development.