The lawyer’s corner – Money Back Guarantee

1 min.

by Michele Cancellieri

Christmas is knocking at the door and to honour the tradition of swapping “gifts” and beat the grip of the economic crisis, it may be convenient to browse the internet and take advantage of the offers available in many online shops.

It is worth remembering that when you buy a product online, Article. 64 of the “Italian Consumer Code” (D.Lgs. n. 206 of 2005) allows the “consumer”, except entrepreneurs, to exercise the right to terminate or to change their mind and ask for a full refund for the amount paid.

The consumers must, within 10 days of receiving the purchased product, initiate their right by returning the goods with a registered letter containing a written statement advising that they are returning the goods. There is no obligation to give a reason. The expenses incurred by “returning the goods” are borne by the consumer, for whom this is the only monetary cost, since the law expressly prohibits any kind of penalty against him.

The product must be returned undamaged.

If it is also sealed (for example with a Siae stamp), it should not be opened. The rule also applies to software sold in a physical format (DVDs, CDs, etc. . ). At the time of writing, the question is unsure, due to the poor wording of the law, whether this also applies to the purchase of software and other content in a digital format (eg iTunes, Steam, etc.).

Retailers may apply more favourable terms of termination than those provided by law. Which is all the more reason, before purchasing, to carefully read the terms and conditions of sale. This is a real pain for the consumer.

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Redazione di the mag

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