Right of withdrawal from distance contracts
The consumer has the right to withdraw from the distance purchase contract without justification and within 14 calendar days, starting from the day following the receipt of the ordered products. The deadline is deemed to have been met if the goods have been returned before the 14-day period expires. The consumer may deliver the goods either in person at the physical store or send them at his own expense to the physical store at the address indicated in clause 13 “Contact” of these conditions. The consumer’s right of withdrawal shall be exercised within 14 calendar days of receipt of the goods by the physical shop or delivery by the courier company, i.e. from the moment the consumer has acquired physical possession of the goods. In the case of an order for more than one product, the delivery of which has been made in instalments, the 14-day period starts from the receipt of the last delivery of products, which constitutes the completion of the order. The consumer is obliged to return the product in the same perfect condition in which he received it, and in particular the product must not have been used, must bear the original price tags, must not be damaged, torn, scratched or otherwise altered, and must not be missing any documents (instruction sheets, characteristics and guarantees) and accessories from the original packaging. Special mention is made in the case of returning clothing or swimwear which, apart from the above mentioned prohibitions, must not have been washed or cleaned with water or detergent. In addition, in order for the return of the product to be accepted, the original proof of purchase (retail receipt or invoice) must be presented with the return parcel. The consumer is responsible for any reduction in the value of the products resulting from handling that was not necessary to ascertain their nature, characteristics and function. The cost of returning the goods is borne entirely by the consumer and, therefore, the return of the item will only be accepted if the consumer has paid any amount charged by the Business for the return costs incurred by the courier company. The return costs may not be paid by the consumer in a separate payment at the time of return of the goods but may be deducted, after appropriate set-off, from the total amount of money due to the consumer to be returned. In case the return of the products is due to the fault of the Merchant, namely in case of a defective product or wrong product size, the cost of return will be borne solely by the Business. In the case of incorrect dispatch of products not ordered, the Business will bear the cost of their return, subject to the provisions set out in Clause 2 “Product Orders” § 4 of these Terms and Conditions. The relevant consumer’s declaration of withdrawal (within 14 calendar days) shall be made in writing either using the model withdrawal form attached to the “Shipping Methods and Returns” section, as shown on the website, or by any other document containing the relevant and clear declaration of withdrawal, whatever form it may take.
The withdrawal declaration document is sent either to the postal address of the Business indicated in clause 13 “Contact” or to the e-mail address of the Business, specifying as the subject of the e-mail “Withdrawal declaration” or “Product return”. The full name, order number, contact telephone number and e-mail address of the consumer should be indicated in the withdrawal notice, so that the Business can communicate with the consumer. The trader, after becoming aware of the consumer’s intention to withdraw through the means mentioned above, is obliged to acknowledge in writing receipt of the relevant statement and to reimburse the consumer for any price paid, at the latest within 14 calendar days of receipt. However, the Business reserves the right to delay the refund until it has received the returned goods or the relevant proof of return from the consumer. In the case of charging the consumer by credit/debit card, the Business, once it has received the price from the Bank, will be obliged to inform the Bank in order to carry out any necessary action, without any other responsibility for the time and manner of execution of the counter-billing, which concerns the contract between the consumer and the banking institution concerned. Any bank charges for the reimbursement of the consumer, in the event of payment by deposit to the Business’s account, will be calculated and borne equally by both parties. Product sold with an additional gift will be returned in case of withdrawal together with the additional gift, otherwise the value of the gift will be deducted from the price due to be refunded by the Business.
Exceptions to the Right of Withdrawal
The consumer’s right of withdrawal does not apply in the following cases: a) the price of the products has been paid at the physical store and their receipt was made by the store, therefore it is not considered a sale at a distance. b) in case of supply of products which are not suitable for return for health protection or hygiene reasons and which have been unsealed after delivery, such as, socks, tights, underwear, earrings, etc.
Return of defective products / incorrect orders
All the products for sale of the Company are covered by the guarantee granted by the suppliers/manufacturers of the products for the absence of actual defects or agreed properties. In the event that the consumer receives a defective product, the consumer is entitled to inform the Business to this effect and, alternatively, either demand without further charge the correction or replacement of the product with another similar product, unless such an action is impossible or requires disproportionate costs, or request a reduction of the price, or withdraw from the sales contract, unless it is a minor actual defect. Upon the consumer’s choice to replace the product, the Business will replace the product within a reasonable time. If a product is declared defective by the consumer, the Business expressly reserves the right to a prior diagnosis of the defectiveness or otherwise of the product prior to its replacement. In the event that the consumer receives an entirely incorrect order or part of the order corresponds to non-ordered products, the consumer must inform the Business accordingly and proceed to their immediate return without undue delay. Otherwise, in the event that they are requested by the Business and after the expiry of 15 calendar days from the unconditional receipt of the incorrectly dispatched products, the Business shall be deemed to have accepted the sales contract for these products as well and, consequently, shall owe the price of their value, as expressly provided for in Clause 2 “Product Orders” of these Terms and Conditions.
