Diritto di Recesso

Right of Withdrawal

1. Consumer Right of Withdrawal

Pursuant to Articles 52 et seq. of Italian Legislative Decree No. 206 of 6 September 2005 (Consumer Code), the Consumer has the right to withdraw from a distance contract without giving any reason within 14 days.

For contracts for the sale of goods, the 14-day period begins on the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the goods.

The right of withdrawal is reserved exclusively for the Consumer, meaning a natural person acting for purposes unrelated to their business, commercial, craft or professional activity.

Purchases made by professionals, companies, businesses or other entities in connection with their professional or business activity do not benefit from the right of withdrawal provided for by the Consumer Code.

2. How to Exercise the Right of Withdrawal

To exercise the right of withdrawal, the Consumer must notify Smart Planet S.r.l.s., within the 14-day period, of their decision to withdraw from the contract by means of an explicit statement.

The communication may be sent by e-mail to:

info@smartplanet.biz

or by certified e-mail (PEC) to:

smartplanetsrls@pec.it

The communication should include at least:

  • the Customer’s first and last name;

  • the order number;

  • details of the product or products to be returned;

  • an explicit statement of the intention to withdraw from the purchase.

After communicating the withdrawal, the Consumer must return the goods without undue delay and in any event within 14 days from the date on which the decision to withdraw was communicated.

The deadline is met if the Consumer sends the goods before the 14-day period has expired.

Unless otherwise stated or agreed with Smart Planet, the direct cost of returning the products shall be borne by the Consumer.

3. Return Address

The goods must be sent to:

Smart Planet S.r.l.s. c/o Pastore
Via Botteghelle 418
80147 Naples (NA)
Italy

Before shipping the goods, Customers are advised to contact Customer Service in order to receive the necessary instructions for the correct handling of the return.

The goods must be properly packed to prevent damage during transport.

Shipping labels, adhesive tape or other materials should not be applied directly to the original product packaging whenever an outer shipping box can be used.

4. Condition of Returned Products

The Consumer must return the product complete with all of its parts and, where applicable, all accessories, manuals, cables and items originally supplied.

The returned product must correspond to the product purchased. For devices identified by a serial number, IMEI or other unique identification code, such identifiers must match those of the product originally sold by Smart Planet.

The return of a different product, or of a product with a serial number or IMEI different from the one originally sold, cannot be considered a valid return of the purchased product.

Opening the Packaging

Opening the packaging or removing the seals of a smartphone, tablet, console or other electronic product does not automatically result in the loss of the right of withdrawal.

However, the Consumer is responsible for any reduction in the value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Therefore, if the returned product shows, by way of example:

  • scratches, impacts or other damage;

  • clear signs of use;

  • missing or damaged accessories;

  • incomplete packaging or contents;

  • protective films removed where this was not necessary to inspect the product;

  • personal configurations, accounts or security locks not removed;

  • software or hardware alterations;

  • any other condition resulting in a reduction in the product’s value;

Smart Planet may take the resulting reduction in value into account when determining the amount to be refunded, in accordance with applicable law.

Any reduction in value will be assessed on the basis of the actual condition of the returned product and any loss in commercial value resulting from the Customer’s handling of the product.

5. Responsibility for Return Shipping

If the Consumer arranges the return shipment independently, the risk associated with the shipment remains with the Consumer until the product is delivered to Smart Planet.

Customers are therefore advised to use a trackable and adequately insured shipping service, especially for high-value products.

If Smart Planet provides the Customer with a collection service or return shipping label and the related cost is not borne by Smart Planet, that cost will be communicated to the Customer in advance and may be deducted from the refund where permitted by law.

6. Refund

Where the right of withdrawal has been validly exercised, Smart Planet will refund the payments received from the Consumer in relation to the products subject to withdrawal, including any standard delivery charges paid for the order, within the limits provided by applicable law.

Any additional costs resulting from the Customer’s choice of a delivery method that is more expensive than the standard delivery option offered by Smart Planet will not be refunded.

The refund will be made within 14 days from the date on which Smart Planet is informed of the Consumer’s decision to withdraw from the contract.

However, Smart Planet may withhold the refund until it has received the goods or until the Consumer has provided evidence that the goods have been returned, whichever occurs first.

Where possible, the refund will be made using the same payment method used by the Customer for the original transaction, unless otherwise agreed.

7. Exceptions to the Right of Withdrawal

The right of withdrawal is excluded in the cases provided for by Article 59 of the Italian Consumer Code.

By way of example, the right of withdrawal may be excluded for:

  • goods made to the Consumer’s specifications or clearly personalised;

  • goods that are liable to deteriorate or expire rapidly;

  • sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery;

  • sealed audio or video recordings or sealed computer software that have been unsealed after delivery;

  • digital content supplied on a non-tangible medium in the cases and under the conditions provided for by law;

  • any other case expressly provided for by applicable legislation.

The mere opening of the packaging of a standard electronic product does not, in itself, constitute one of the statutory exceptions to the right of withdrawal.

8. Failure to Return the Goods Within the Deadline

After notifying Smart Planet of the withdrawal, the Consumer must return the goods within the time limit provided by law.

The deadline is met when the product is handed over to the carrier or shipping provider within 14 days following the communication of withdrawal.

9. Seller Information

SMART PLANET SOCIETÀ A RESPONSABILITÀ LIMITATA SEMPLIFICATA
Registered office: Viale dei Gerani 1 – 80040 Cercola (NA), Italy
Tax Code and VAT No.: 10904051215
REA: NA-1140481
E-mail: info@smartplanet.biz
Certified e-mail (PEC): smartplanetsrls@pec.it
Website: www.smartplanet.biz

Return address:
Smart Planet S.r.l.s. c/o Pastore
Via Botteghelle 418
80147 Naples (NA)
Italy