Simbashopping provides all the necessary fundamental guarantees for online purchases.
Pursuant to art. 52 ss DL 206/05, if the customer is a consumer (i.e. a natural person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form), has the right to withdraw from the purchase contract for any reason.
To exercise this right, the customer must send Simbashopping a communication to that effect via email email@example.com or PEC firstname.lastname@example.org within 14 days from the date of receipt of the goods.
The return of the products must take place within 14 days from the notice of withdrawal (art.57 C.d.C.).
Art. 57 C.d.C. establishes that “The consumer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods”:
The goods must be returned intact, complete with all its parts and in the original packaging (envelopes and packaging), kept and absolutely sealed. The right of withdrawal cannot be applied to custom-made or non-catalog products, made specifically for individual requests pursuant to and within the limits set out in Legislative Decree 6 September 2005 n. 206, in article 59 paragraph 2 letter d).
The right of withdrawal is however subject to the following conditions:
- applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (eg: accessories, etc …). The purchased good must be intact, never used and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, screws, etc …); the shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the customer; in case of damage to the goods during transport, Simbashopping will notify the customer of the incident (within 5 working days from receipt of the goods in its warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain a refund of the value of the asset (if insured); in this case, it will be by canceling the withdrawal request;
Without prejudice to any repair costs for damage to the original packaging, Simbashopping will refund the customer the full amount paid in the payment method used when placing the order. Pursuant to art. 56 C.d.C. the reimbursement times are 14 days starting from the receipt of the notice of withdrawal, the reimbursement could be withheld beyond 14 days only until the Consumer proves that he has returned the goods or until they have been received.
The right of withdrawal is totally lost, due to the lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where Simbashopping ascertains: the use of the goods; the lack of the external packaging and / or the original internal packaging; the absence of integral elements of the product (accessories, knobs, screws, …); damage to the product for reasons other than its transport. In case of forfeiture of the right of withdrawal, the goods will remain at the Simbashopping headquarters, available to the Customer for collection at his expense.
Example of withdrawal form: If you intend to withdraw from the contract, please fill in the following form and return it to us by e-mail: email@example.com.
With this document I wish to withdraw from the contract stipulated with me in relation to the purchase of the following goods (of the following goods): _________________________________
Indicate the ordered goods (ordered goods), subject to the exercise of the right of withdrawal.
Total price of the goods (goods): _________Order number _________of: _________. Receipt on: ___ ____Your address: ___________________ (Name and Surname) _________________________________
(Street) _________________________________ (ZIP Code Place) Date: ______ ____________
CONFORMITY AND WARRANTY
The responsibility for transport is borne by Simba Srl SU, which in the event of damage to the product occurring during transport, will claim against the courier.
The Customer must check the conditions of the products delivered to him, assuming the risk of non-delivery or damage to the products ordered, for reasons not attributable to the Seller, only when the Customer, or a third party designated by him and different from carrier, materially comes into possession of such products.
Upon delivery, the customer must check that the packaging is intact, not damaged, not punctured or open. Any damage must be immediately reported to the courier making the delivery (accepting the goods with a reservation of checks to be written in the courier’s transport document or on the handheld: Eg: “box with holes in it, open box, damaged box”)
In the event that the product is damaged during transport, the Customer must notify it by e-mail firstname.lastname@example.org within 24 hours with photographic documentation.
Pursuant to art. 130 of the Consumer Code, the Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the goods.
In the event of a lack of conformity, the Consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or to terminate the contract. The Consumer may ask the Seller, at his choice, to repair the good or replace it, at no cost in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
In the event that the package shows evident signs of tampering or alteration, the Customer is also recommended to promptly notify the Customer Service at the e-mail address email@example.com.
The guarantee of legal conformity of the goods, provided for by articles 128 ff. of the Consumer Code, is equal to 24 months: specifically, the Seller is responsible, pursuant to Article 130, when the lack of conformity occurs within two years of delivery of the goods. It is understood that the Consumer loses this right if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered the defect (Article 132 of the Consumer Code).
The Consumer’s request aimed at asserting the guarantee of conformity of the products must be communicated to the Seller by contacting the Customer Service by e-mail firstname.lastname@example.org.
All the photos on our site are to be considered indicative, slight variations in color or tone are possible as they are images from the catalog.