Right of Withdrawal

The customer has the right to rescind the contract, without stating the reason, within 14 days.
The withdrawal period expires after 14 days:

a) in case of sale contract of one product only, from the day the customer or a third party, other than the carrier and designated by the customer himself/herself, gains physical possession of the item(s)\; or
b) in case of sale contract of multiple products, ordered together and delivered separately, from the day the customer or a third party, other than the carrier and designated by the customer himself/herself, gains physical possession of the item(s)\; or
c) in case of sale contract of a product consisting in multiple batches or items, from the day the customer or a third party, other than the carrier and designated by the customer himself/herself, gains physical possession of the last batch or item.

In order to exercise the right of withdrawal the customer is bound to notify us (at the following address: Italiantouch s.r.l., Via Bergognone 14, 20144 Milano, phone: 0800-3582758, fax: +39 02 89623481, e-mail: rogervivier@store.italiantouch.com) of your decision to rescind the present contract with an explicit statement (for example a letter sent by post, fax or e-mail). For this purpose the customer may use the standard withdrawal form attached, but this is not compulsory.
In order to abide by the withdrawal time limit the customer simply needs to send us the withdrawal statement before the expiry of said withdrawal period.

Withdrawal consequences

If the customer rescinds the present contract he/she will be refunded all payments he/she has made in our favour, including delivery expenses (except for additional costs resulting from your choice to opt for a delivery method other than our less expensive standard delivery method) without undue delay and, in any case, no later than 14 days of the date we will be informed of your decision to rescind the contract. Said refunds will be carried out using the same payment method used for the initial transaction, unless otherwise requested by the customer himself/herself\; in any case he/she will not be requested to incur any costs as consequence of this refund. In case of withdrawal from a Multiple Order the delivery fees regarding this latter will not be refunded unless the customer is to rescind the entire Multiple Order contract.
The customer is kindly requested to send back the products without undue delay and, in any case, within 14 days of the date when he/she has notified his/her withdrawal from the present contract, following the procedure hereinafter. The term is observed if the customer returns the Products before the expiry of the previously mentioned 14-days period.
The return occurs at our expense.
The customer shall return the Product via UPS courier service, attaching the pre-printed and pre-paid label provided together with the Product to the packaging of the Product. The customer may then contact UPS, 08457 877 877, in order to arrange the date and place for collecting the parcel.The customer is solely responsible for the value reduction of the goods resulting from the handling of the Product(s) other than that strictly necessary to establish the nature, features and functioning of the Product(s).

DOWNLOAD THE STANDARD WITHDRAWAL FORM AND RELATIVE INSTRUCTIONS
Click here to download the standard withdrawal form and instructions

Right of withdrawal - PDF

Excerpt from Terms a-ted in the article 5.4.

Delivery is not possible to Channel Islands nor to P.O. Boxes or poste restante. If the delivery address is a P.O. box, or is located in one of the countries/regions we do not ship to, STORE.ROGERVIVIER.COM shall rescind the contract pursuant to and in accordance with article 1456 of the Italian Civil Code and refund the Total Due Amount, if already paid, using the procedures and within the terms indicated in the article 5.4.

Please refer to articles 5.7 and 5.8 of General Terms of Sale for delivery terms related to pre- and back-orders (as defined in the General Terms of Sale)."Excerpt from Legal Notes

All the Products sold on the Store are covered by the Legal Warranty of Conformity as provided by articles 128-135 of the ('Consumer Code') ('Legal Warranty').

TO WHOM IT APPLIES

The Legal Warranty is reserved for consumers. It therefore applies solely to users who have made the purchase on the Store for purposes other thanentrepreneurial, commercial, craft or professional activities.

WHEN IT APPLIES

The seller (and, therefore, with regard to purchases made on the Store, ITALIANTOUCH) is liable vis-à-vis to the consumer for any lack of conformityexistent at the time of delivery of the product and which shows up within two years of the said delivery. The seller must be informed of the lack ofconformity, under penalty of expiration of the guarantee, within two months from the date in which it was discovered.

Unless proven otherwise, it shall be presumed that the lack of conformity that manifest themselves within six months from the delivery of the productalready existed at that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. Startingfrom the seventh month following the delivery of the product, the burden of proof to demonstrate that the lack of conformity already existed at the momentof delivery of the product shall lie with the consumer.

In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of the purchase and delivery of the good. It istherefore advisable, to prove the purchase, for the user to keep the invoice sent by ITALIANTOUCH, as well as the transport document or any other documentthat certifies the date of the purchase (such as the credit card statement or the bank statement) and the delivery date.

WHAT IS A LACK OF CONFORMITY?

A lack of conformity exists when the purchased good:

i. is not suitable for performing the function for which goods of the same type are normally used\;

ii. does not conform to the description provided by the seller and does not possess the features that the seller presented to the consumer as a sample ormodel\;

iii. does not display the features and performance that are normal for a good of this type, which the consumer could reasonably expect, considering thedeclarations made in the advertising or on the labelling\;

iv. is unsuitable for the specific use desired by the consumer who informed the seller at the time of the completion of the contract, culminating in theseller's acceptance of the situation.

The Legal Warranty does not cover faults or malfunctioning caused by accidental incidents or due to the user's responsibility or by use of the product thatdoes not comply with its intended use and/or the information contained in the technical documentation accompanying the product.

SOLUTIONS AVAILABLE TO THE USER

In case of a lack of conformity reported within the prescribed period, the user is entitled:

i. firstly, to the repair or free replacement of the good, according to preference, unless the requested solution is objectively impossible or excessivelyexpensive with respect to the other one\;

ii. secondly (in cases where repair or replacement are impossible or excessively expensive or where repair or replacement have not been made within areasonable period of time or where the repair or replacement have caused significant inconvenience to the consumer) to the reduction in the price or to thetermination of the contract, according to the preference of the user.

The requested solution is excessively expensive if entails user unreasonable expenses for the seller compared to alternative solutions, considering (i) thevalue that the good would have if there was no lack of conformity\; (ii) the entity of the lack of conformity\; (iii) the possibility that the alternativesolution can be achieved without significant inconvenience for the consumer.

WHAT CAN YOU DO WHEN THERE IS A LACK OF CONFORMITY?

If a product purchased on the Store, during the period of validity of the Legal Warranty, should display what could be a lack of conformity, the user cancontact the Customer Service as indicated in Article 16. The Customer Service department will reply promptly to the communication, informing the user ofthe next steps that he/she should take.

The Product which the user claims has a lack of conformity should be sent to ITALIANTOUCH which will evaluate the existence or otherwise of the claimeddefect, to the following address:

ITALIANTOUCH

C/O GEODIS LOGISTICS

Piazzale Giorgio Ambrosoli S.n.c

27015 Landriano (PV)

In order to return the Product which, according to the user, presents a lack of conformity, ITALIANTOUCH makes a pre-paid procedure of return via UPSavailable for the user, at his/her discretion, and without prejudice to the possibility for the user to proceed in returning the Product(s) via anothercarrier. The user shall use the pre-printed and pre-paid label which can be found inside the parcel containing the Product, applying it on the package ofthe Product(s) to be returned and following the procedure specified in the accompanying document of the label itself. Should it be requested, the UPS codeof the consignee is Y5239E (Italiantouch S.r.l).

ITALIANTOUCH hereby reserves the right to ask the user to enclose to his/her request the invoice and/or transport document or any other document thatproves the date of purchase and the delivery date.

Viv’ Choc