Returns, Refunds and Right of Withdrawal Policy

Art. 1 – Scope of application

This Policy governs the conditions relating to the exercise of the right of withdrawal, the return of products, refunds and any replacements of goods purchased through the website www.simanisartoria.com.

The provisions apply separately to purchases made by consumers (B2C) and purchases made in the course of business, commercial, craft or professional activities (B2B), in accordance with the definitions set out in Article 3 of Legislative Decree 206/2005, as subsequently amended.

The mandatory provisions of applicable Italian and European legislation shall remain unaffected in all cases.

Art. 2 – Consumer's right of withdrawal (B2C)

Pursuant to Articles 52 et seq. of Legislative Decree 206/2005 (Consumer Code), a consumer who has entered into a distance sales contract has the right to withdraw from it, without giving any reason, within 14 (fourteen) days from the date on which the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the goods.

In the case of an order comprising several goods delivered separately, the period runs from receipt of the last good, without prejudice to the additional criteria provided for in Article 52 of the Consumer Code.

The right of withdrawal is exercised by an explicit communication of the intention to withdraw, sent within the period prescribed by law.

The communication may be made by:

• Online procedure available at https://shopify.com/78697234755/account

• Written communication to the address info@simanisartoria.com

• Standard withdrawal form provided for by the applicable legislation.

Exercise of the right of withdrawal is not subject to any prior authorization by the seller.

Art. 3 – Return of the products

Unless the seller has offered to collect the goods directly, the consumer is required to return them without undue delay and in any event within 14 (fourteen) days from communicating the withdrawal.

The products must be returned using methods suitable to ensure their integrity during transport.

The consumer has the right to handle and test the products to the extent necessary to establish their nature, characteristics and functioning.

Pursuant to Article 57(2) of the Consumer Code, the consumer shall be liable solely for any decrease in the value of the goods resulting from handling beyond that necessary to establish their nature, characteristics and functioning, within the limits and under the conditions provided by law.

Return in the original packaging is recommended where possible, but is not an essential condition for exercising the right of withdrawal.

Art. 4 – Exclusions from the right of withdrawal

Pursuant to Article 59, paragraph 1, letter c), of the Consumer Code, the right of withdrawal is excluded with regard to the supply of goods made to measure or clearly personalized.

This category includes, by way of example and without limitation, products made according to the customer’s individual specifications, as well as garments personalized by means of embroidery, prints, logos, names or other processing expressly requested by the purchaser.

The mere production of a standard item after receipt of the order does not, in itself, constitute sufficient grounds for excluding the right of withdrawal.

The rights arising from the statutory guarantee of conformity and from the other applicable mandatory provisions shall remain unaffected.

Art. 5 – Return costs and free collection service

For purchases made by consumers (B2C), where the products are returned from an address located within Italy, Simani Sartoria shall bear in full the transport costs relating to the collection of the goods subject to withdrawal.

The free collection service shall be arranged directly by the seller through contracted carriers, according to the procedures communicated to the consumer.

If the consumer independently chooses a carrier other than the one made available by Simani Sartoria, the related costs shall not be refunded, unless otherwise agreed or required by specific legal obligations.

For returns made from foreign countries, the direct return costs shall be borne by the consumer, provided that this circumstance was communicated before the conclusion of the contract, unless otherwise provided by applicable law.

The free collection service provided for in this article is reserved exclusively for B2C purchases and does not extend to B2B commercial relationships.

Art. 6 – Refund procedures and time limits

In the event of a valid exercise of the right of withdrawal, Simani Sartoria shall refund the payments received within the time limits and according to the procedures provided for by Article 56 of the Consumer Code.

The refund shall include, in the cases and within the limits provided for by law, the initial delivery costs, excluding any additional costs resulting from the consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the seller.

The refund shall be made without undue delay and in any event within 14 (fourteen) days from the date on which the seller was informed of the consumer’s decision to withdraw.

If the seller has not offered to collect the goods directly, it may withhold the refund until it has received the goods or until the consumer has demonstrated that the goods have been shipped, whichever occurs first.

The refund shall be made using the same payment method used for the original transaction, unless otherwise expressly agreed with the consumer and without any additional costs being charged to the consumer.

Article 7 - Statutory conformity guarantee

Irrespective of the exercise of the right of withdrawal, products purchased by consumers are covered by the statutory conformity guarantee governed by Articles 128 et seq. of the Consumer Code.

In the event of a lack of conformity, the consumer shall be entitled to the remedies provided for under applicable law, subject to the relevant requirements and conditions.

Such remedies include, where applicable, repair or replacement of the goods, a proportionate reduction in the price or termination of the contract.

The exercise of rights arising from the statutory guarantee shall not entail any costs for the consumer in the cases provided for by law.

The provisions of this Policy relating to withdrawal neither limit nor replace the rights granted under the statutory conformity guarantee.

Article 8 - Replacements and exchanges

Requests for replacement due to a change of size, color or model, not resulting from lack of conformity, shall be handled by returning the product originally purchased, where the right of withdrawal exists, and subsequently placing a new order.

Alternative replacement arrangements may be agreed with customer service.

The remedies provided for under the statutory conformity guarantee remain unaffected.

Article 9 - Professional purchases (B2B)

9.1 Exclusion of the commercial right of withdrawal

For purchases made by businesses, companies, professionals or other persons acting in the course of their business, commercial, craft or professional activities, the right of withdrawal governed by Article 52 of the Consumer Code does not apply.

Consequently, returns, refunds or replacements due to a change of mind, incorrect selection of products, sizes or colors, or for other commercial reasons are not permittedunless prior and express written authorization has been obtained from Simani Sartoria.

9.2 Authorized returns

Any acceptance of a B2B commercial return constitutes a voluntary concession by the seller and may be subject to specific conditions to be agreed in writing.

Authorization of the return does not automatically entail the assumption of the related transport costs by Simani Sartoria.

The return costs, shipping methods, any applicable financial conditions and the applicable time limits shall be specified in the relevant authorization.

The occasional acceptance of a return does not constitute recognition of a general right to return goods in connection with subsequent purchases.

9.3 Defects, non-conformities and breaches of contract

The rights and remedies granted to the professional purchaser under the applicable legislation shall remain fully unaffected, with particular reference to Articles 1490 et seq. of the Civil Code, the lack of promised or essential qualities, the delivery of goods that do not conform to the contractual agreements and other cases of breach by the seller.

The purchaser may exercise such rights in compliance with the requirements, time limits and procedures provided for by the applicable law.

The exercise of legally recognized remedies is not subject to the seller's discretionary authorization.

No provision of this Policy may be interpreted as excluding or limiting liability in cases where such exclusion or limitation is prohibited by law.

Art. 10 – Communications and assistance

Communications relating to the exercise of the right of withdrawal, return requests, complaints and disputes concerning the products may be sent to:

info@simanisartoria.com

The purchaser is invited to indicate the order number, the products concerned and the nature of the request in order to facilitate its handling.

The validity of communications made through any additional methods permitted by the applicable legislation shall remain unaffected.

Art. 11 – Final provisions

This Policy forms an integral part of the contractual terms applicable to purchases made through the website www.simanisartoria.com, to the extent that it was made known to the purchaser before the conclusion of the contract.

The provisions contained in this Policy shall be interpreted and applied in compliance with the legislation in force, with particular reference to Legislative Decree No. 206/2005, the Civil Code and any applicable mandatory provisions of European Union law.

If a provision is null, ineffective or unenforceable, this circumstance shall not affect the validity of the remaining provisions, to the extent permitted by law.

The mandatory rights granted to consumers and professional purchasers under the applicable legislation shall in any event remain unaffected.