Right of Withdrawal
The right of withdrawal is governed by the current legislation referred to in Articles. 52 and succ. Consumer Code. The right of withdrawal is governed by the current legislation referred to in Articles. 52 and succ. Consumer Code as amended by the LEGISLATIVE DECREE 21 February 2014, n. 21.
The user who holds the status of Consumer referred to in point 3.2 has the right to withdraw from the contract for any reason and without any penalty within 14 working days and without incurring costs other than those provided for in Article 56, paragraph 2 , and Article 57 of the aforementioned decree.
The complete text of the Consumer Code, updated to 16 September 2015, is available at
http://www.aduc.it/generale/files/allegati/codiceconsumo.pdf
Nota Bene: The right of withdrawal pursuant to art. 52 and succ. Consumer Code is EXCLUSIVELY RESERVED to the Consumer defined by the Consumer Code in Article 3 as the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (2).
Therefore, those who purchase with a VAT number and therefore as a company and / or professionals cannot exercise the right of withdrawal.
Withdrawal procedure
The right of withdrawal must be exercised in the following ways:
The purchased product must be intact and returned in the original packaging still sealed, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, sticks, etc.).
To exercise this right, the user must send BAER a communication via email to info@baerdistribuzione.com within 10 working days from the date of delivery of the goods.
Once the aforementioned communication has been made, and received acknowledgment of receipt by BAER, the user must send the Product, at his own expense - after regular and suitable packaging in its original packaging - by courier expressed, together with a copy of the receipt, to the following address: BAER DISTRIBUZIONE S.R.L. Via Francesco Londonio 23, 20154 Milano (MI).
The shipment until receipt in our warehouse is under the full responsibility of the user. BAER is not responsible in any way for damage and / or theft / loss of products returned by uninsured shipments.
Returns and Refunds
The goods must be returned to BAER within the terms referred to in point 14 together with the authorization form received. Without prejudice to any restoration costs for ascertained damage to the original packaging, BAER will reimburse the User for the full amount within 14 days of the delivery of the goods by reversing the amount charged to the credit card or by bank transfer.
In the latter case it will be the User's responsibility to promptly provide the bank details on which to receive the refund (IBAN code of the customer).
Forfeiture of the right of withdrawal
The User loses the right of withdrawal and the consequent right to reimbursement in the event that BAER verify the existence of even one of the following conditions:
- Use, even partial, of the goods and any consumables;
- Lack of external packaging and / or original internal packaging;
- Absence of product components;
- Damage to the product for reasons other than its transport
- In the cases indicated above BAER will return the goods to the user by charging the shipping costs.
Applicable law
The purchase contract concluded on the Site is governed by Italian law.
It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
We remind you that in the case of consumer users, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has elected domicile. In the case of a non-consumer user, the Milan court is exclusively competent for any dispute relating to the application, execution and interpretation of these General Conditions of Sale.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.