10. right of withdrawal according to legislative decree no. 206/2005
10.1 The right of withdrawal shall apply only to the products specified in Legislative Decree No. 206 of 6 September 2005.
10.2 For the products for which the right of withdrawal is not excluded, the Purchaser may withdraw from the concluded contract without penalty and without giving any reason within 14 (fourteen) days from the receipt of the ordered goods. Any revocation shall be addressed to Hofbrennerei Gaudenz with registered office in I – 39020 Partschins (BZ), Gaudententurmstraße 7, VAT No. IT02541400210, e-mail address: firstname.lastname@example.org, tel. +39 348 7341463.
10.3 If the Buyer wishes to exercise his right of withdrawal, he must inform the Seller of his decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by mail, fax or e-mail). The Buyer may also use the model withdrawal form attached in Annex I, Section B of Legislative Decree No.21/2014, which, however, is not mandatory.
10.4 In order to comply with the withdrawal period, it is sufficient that the Buyer sends the notification of exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof regarding the intended exercise of the right of withdrawal lies with the Buyer.
10.5 The return of the goods must be made without delay and in any case no later than within 14 (fourteen) days from the date on which the Buyer notified the Seller of its decision to withdraw from the contract. The Buyer shall be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
10.6 In the cases expressly provided for in Article 59 of Legislative Decree No. 206/2005, the Buyer may not exercise the right of withdrawal.
10.7 In case of exercising the right of withdrawal according to the provisions of this article, the Buyer shall bear the costs directly related to the return of the goods to the Seller.
10.8 The Buyer who exercises his right of withdrawal in accordance with the provisions of this Article shall be refunded all amounts already paid, including delivery costs, with the exception of additional costs incurred because the Buyer expressly opted for a type of delivery other than the cheaper standard delivery offered by the Seller. The refund will be made without delay and in any case within 14 days from the date on which the Seller was informed of the Buyer’s decision to exercise the right of withdrawal, using the same means of payment used by the Buyer in the original transaction, unless otherwise expressly agreed with the Buyer. However, Seller may refuse repayment until it has received the goods back or until Buyer has provided proof that it has returned the goods, whichever is the earlier, unless Seller has offered to collect the goods itself.
10.9 Upon receipt of the notice in which the Buyer notifies the Seller of the exercise of the right of withdrawal, the Parties shall be released from their respective obligations, without prejudice to the provisions of this Article.
10.10 Exclusion of the right of withdrawal: the right of withdrawal does not apply to contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded. There is no right of withdrawal, unless otherwise agreed, for contracts for the provision of services related to leisure activities, if the contract provides for a specific date or period for the provision. Accordingly, a right of withdrawal is also excluded in the case of contracts for the sale of tickets for scheduled leisure events.
10.11 The EU has set up an online portal to help dissatisfied customers. In the event of complaints about goods or services purchased from us via the Internet, you can find a neutral dispute resolution body at the following addresshttp://ec.europa.eu/consumers/odr to reach an out-of-court solution. Please note, for some industries and in some countries there are currently (as of 01/02/2017) no dispute resolution bodies. Therefore, as a consumer, you may not be able to use this portal to resolve disputes with us in these countries. For more information, please visit the EU online portal. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, we are generally willing to participate in a dispute resolution procedure before a consumer arbitration board.
10.12. If a wine is delivered with a defect (e.g. cork taste), we ask customers to contact our customer service department at email@example.com. We will replace corked goods after receiving the lot number of each bottle. Unfortunately, since cork is a natural material, it can be subject to natural variations in quality. We record and control each incident together with the producer and ask for your understanding should this problem occur.