Right of withdrawal
In the countries of the European Union, the Customer as the consumer has the right to withdraw from the Contract within 14 days of receipt of the Product, without any penalty and without specifying the reason as provided by law. Where provided by individual Member States, SMNOVELLA shall not collect the price during such the period.
In order to be able to notify SMNOVELLA of the exercising of the right of withdrawal, the Customer must send, within 14 days of receipt of the Product by the Customer or by the third party indicated in the Order, notification to Customer Services at the following email address [firstname.lastname@example.org], using the form received inside the pack or via an email by univocally communicating their desire to withdraw. In order to meet the withdrawal deadline, it is sufficient for the notification concerning the exercising of the right of withdrawal to be sent before the expiry of the withdrawal period.
Customer Services will check the regularity of the procedures for exercising the right of withdrawal by the Customer and in the case of a positive outcome will provide an RMA (Return Merchandise Authorisation) number. Without the RMA number, the Customer will be unable to return the Product.
The Customer must return the Product to SMNOVELLA within 14 days from the date of receipt of the aforesaid communication. To return the Product the Customer must only use the original packaging, filling in the form provided by SMNOVELLA and received in the delivery package of the Product and enter the RMA number provided by Customer Services according to the instructions in the form “Return/Exchange Policy”. In order to meet the withdrawal deadline, the Customer just needs to return the Products before the expiry of the withdrawal period.
The shipping cost for the return of the Product shall be borne by SMNOVELLA, which however will not be obliged to reimburse the additional costs in the case in which the Customer has chosen a type of delivery other than the least expensive.
SMNOVELLA, within 14 days from the exercising of the right of withdrawal, will refund the Customer the entire amount paid by them. The refund will be made by the same method as used by the Customer to make the payment, except in the case where the Product was purchased as a gift. The third-party gift recipient may, upon presentation of the accompanying document sent together with the Product, ask SMNOVELLA to exchange the Product exclusively with another of an equal or higher price.
SMNOVELLA reserves the right to suspend the refund until receipt of the Product that is the subject of the withdrawal. After having assessed the integrity and saleability conditions of the Product, SMNOVELLA will notify the Customer of their right to a refund of the full amount paid.
For reasons of hygiene and related to the protection of health and safety, the right of withdrawal may not be exercised in the case where sealed or packaged Products have been opened or used and therefore have lost their integrity and are no longer saleable. In this case, SMNOVELLA will not provide any refund.
The Customer will bear the risks of returning Products as well as the decrease in the value of the Products resulting from the handling of goods other than that necessary to determine the nature, characteristics and operation of the goods.
For non-EU countries, the right of withdrawal referred to in this article shall not apply and, therefore, SMNOVELLA shall by fully entitled to decide whether or not to accept a Customer’s request, except in cases in which a Product is faulty.
In any case, returns, even if authorised, will need to be at the expense and under the responsibility of the Customer.
In the event of any queries or requests, the Customer can contact SMNOVELLA by using the contact form or by emailing the address [email@example.com].
Again as regards EU countries, except as provided for in the previous article, the Customers may, if they wish, replace the Product(s) purchased within 14 days from delivery, by contacting Customer Services at the following email address [firstname.lastname@example.org].
Customer Services will provide the Customer with an RMA number that must be entered in the form provided by SMNOVELLA in the delivery pack of the Product. The shipping cost in case of replacing the Product is charged to the Customer.
The Product cannot be replaced if sealed or packaged Products have been opened or used and, in this case, SMNOVELLA will not proceed with any change. SMNOVELLA therefore reserves the right to suspend the change authorisation on receipt of the Product in order to check the integrity of the Product itself. After assessing the conditions of the Product, SMNOVELLA will communicate to the Customer the possibility of making the replacement and will refund the purchase price with the same method used by the Customer to make the payment, except in the case where the Product was purchased as a gift as provided for in the previous article.
If the Customers want to, they can make a new purchase, as provided by these General Terms and Conditions.
In the light of the experience gained, there are, by way of example, some cases in which the change request cannot be accepted:
- Opened and incomplete packages;
- Open bottles in which even the smallest part of the Product has been used;
- Products in which the cellophane, if present, is not intact.
Legal guarantees of sale and faulty Product return
SMNOVELLA guarantees the Customer that the Products will be free from manufacturing and material defects as well as in accordance with the descriptions published on the Website, providing the legal guarantee of compliance.
It is understood that the Products comply with the Contract if (i) they comply with the description given and have the qualities presented on the Website, (ii) are suitable for the use for which they are normally intended, (iii) show quality and characteristics which are normal in goods of the same type and which can be reasonably expected.
Once the Product has been received, the Customer must check its compliance.
In the case in which the Customer is aware that the Product received is faulty or does not conform to the terms provided by the Order sent or by these General Terms and Conditions, they must notify SMNOVELLA Customer Services immediately using the email address [email@example.com] indicating the Order details and the differences found in the Product received.
SMNOVELLA will provide the Customer with the information necessary to be able to return the Product. These guidelines do not in any way constitute recognition of defects or non-compliances, whose existence must then be established once SMNOVELLA has received and examined the Product.
Once returned, SMNOVELLA will examine the Product and will notify the Customer of the outcome of the checks carried out using the address provided by the latter in the Order. If the Product is not covered by a guarantee, it will be returned to the Customer. Otherwise, SMNOVELLA will communicate whether it intends to proceed with the Product repair/replacement or refund the entire amount received by the Customer.
The Product refund and/or replacement will be carried out as soon as possible and in any case within 14 days from the sending date of the acknowledgment by SMNOVELLA to proceed with the refund or the repair or replacement of the Product. In the case of a refund, the amount paid will be returned in full, including the delivery costs incurred to send the Product and for the refund. The refund will be made by the payment method used to make the purchase.
The delivery costs for the return to SMNOVELLA of Products to be repaired or replaced, as well as all costs for the delivery to the Customer of the repaired or replaced Products will be solely borne by SMNOVELLA.
It is pointed out that European legislation, in relation to the sale and guarantee of a consumption good, provides for a minimum legal guarantee of 2 years. The individual Member States may require the consumer to report the defect found within 2 months from its discovery. Defects found within 6 months after delivery of the Product, are presumed, until proof to the contrary, already existing at the time of delivery.
In any case, the Customer as a consumer can use the internal legislation in their country of origin, if it is more favourable than that laid down in the European rules.
The legal guarantee of compliance is always applicable, provided that the Customer can provide the purchase receipt only.
SMNOVELLA is liable for damages caused by intent or gross negligence.
Moreover, SMNOVELLA is responsible for failure to fulfil its obligations under these General Terms and Conditions which are essential for the provision of the Products. In this case, it is only liable for losses and damages that were reasonably foreseeable at the time of the Order.
That laid down in this paragraph does not limit or exclude rights provided for consumer protection or SMNOVELLA’s liability for damages resulting from death or injury or damage to health, due to a breach of a guarantee or for fraudulently concealed defects.
Limitation of SMNOVELLA’s liability
SMNOVELLA will not be liable for (i) losses which are not a consequence of a breach of these General Terms and Conditions by SMNOVELLA or (ii) loss of business opportunities (including lost profits, revenue, contracts, alleged savings, data, goodwill or unnecessary costs incurred) or (iii) any other indirect or consequential loss that was not reasonably foreseeable at the time of Order; (iv) damages (direct, indirect or consequential losses or costs suffered, paid or which it has encountered as a result of inability or incorrect use or the delay of the Website, but resulting from or related to use; (v) damages (direct, indirect or consequential losses or costs suffered, paid or which it has encountered as a result of negligence and/or inexperience in the safekeeping, storage and use of each Product attributable to the Customer; (vi) any delay or failure to fulfil its obligations under these General Terms and Conditions if the delay or the failure to fulfil obligations derives from unforeseeable circumstances or force majeure.
SMNOVELLA’s liability will in any case be limited to a maximum amount equal to the value of the Order.
The Website may contain links to third-party websites or resources. These are third-party services that SMNOVELLA is not liable for. The presence of such sites does not constitute an endorsement by SMNOVELLA; any request should therefore be addressed to the owner of the Website itself.
SMNOVELLA will do its utmost to ensure the continuous availability and accessibility to the Website, which however may be limited, without any liability for SMNOVELLA, due to the nature of the Internet, to ensure the capacity, security or integrity of our servers or to perform maintenance interventions.
These provisions do not restrict the statutory rights recognised to consumers by the legislation in force in the individual countries they live in.