General sales terms and right of withdrawal

Right of Withdrawal

  1. The right of withdrawal is granted only for products specified under Legislative Decree No. 206 of 6 September 2005.

  2. The Buyer has the right to withdraw from the contract without penalty and without specifying any reason within 14 (fourteen) days, starting from the day of receipt of the purchased product.

  3. To exercise the right of withdrawal, you must inform us via email at info@mondraghi.com, phone at +39 04711888811, or registered mail addressed to Wimex s.r.l., I-39055 Laives (BZ) Via A. Nobel 18, of your decision to withdraw from this contract through an explicit statement (e.g., a letter sent by post or email). To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

  4. If the Buyer decides to exercise the right of withdrawal, they must notify the Seller using the withdrawal form template provided in Annex I, Part B of Legislative Decree No. 21/2014 or by submitting any other explicit declaration of their decision to withdraw from the contract. The burden of proof regarding the exercise of the right of withdrawal, in accordance with this article, lies with the Buyer. Sending back the purchased product within the specified timeframe and using the methods described in Article 12 will also suffice to exercise the right of withdrawal. The delivery date to the postal office or courier will be considered valid between the parties.

  5. The return of the product must occur without undue delay and, in any case, within 14 (fourteen) days from the date the Buyer notified the Seller of their decision to withdraw from the contract. To be eligible for a full refund, the product must be returned intact and in a condition that results only from the necessary inspection to establish its nature, characteristics, and functioning.

  6. The Buyer cannot exercise the right of withdrawal for purchase contracts involving customised or clearly personalised goods or goods that, by their nature, cannot be returned or are likely to deteriorate or expire quickly.

  7. Buyers exercising the right of withdrawal according to this article will bear the direct costs of returning the product to the Seller.

  8. Buyers exercising the right of withdrawal as per the terms outlined will be refunded the amounts paid, excluding any additional costs related to delivery options expressly chosen by the Buyer and exceeding the least expensive delivery option offered by the Seller. Refunds will be processed without undue delay and within 14 days from the date the Seller was informed of the Buyer's decision to withdraw. Unless the Seller has offered to collect the goods, the Seller may withhold the refund until the goods are received or the Buyer provides proof of shipment, whichever occurs first.

  9. Upon receiving the Buyer's communication of their intention to exercise the right of withdrawal, the Parties are released from their mutual obligations, except as provided in this article.

Express Termination Clause

The obligations under Article 9 assumed by the Buyer are considered essential. Consequently, by express agreement, failure to fulfil even one of these obligations, unless due to force majeure or unforeseeable circumstances, will result in the automatic termination of the contract under Article 1456 of the Italian Civil Code, without the need for judicial intervention.

Communications

Unless expressly indicated otherwise or required by law, communications between the Seller and the Buyer will preferably occur via email at their respective addresses. These emails will be considered valid means of communication, and their submission in legal proceedings cannot be disputed solely because they are electronic documents.

Written communications addressed to the Seller, as well as any complaints, will be deemed valid only if sent to the following address:

Wimex s.r.l., I-39055 Laives (BZ) Via A. Nobel 18

  • Tel: +39 0471 1888811
  • Fax: +39 0471 051011
  • E-mail: info@mondraghi.com
  • VAT/Tax Code: IT 02898910217

Both parties may change their email addresses at any time, provided timely notification is given to the other party in accordance with the methods outlined in the previous paragraph.

Please note that, under Article 14 of Regulation No. 524/2013/EU, complaints may also be submitted through the European Commission's ODR platform at https://ec.europa.eu/odr.

Retention of Ownership

The delivered goods remain the property of Wimex s.r.l. until full payment of the purchase price has been made.

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