RIGHT OF CANCELLATION - RETURNS AND EXCHANGES

The following conditions governing the right of cancellation apply only to private customers. They are not applicable in the event that the buyer requests an invoice and / or is not a “consumer or user” (“consumatore o utente”) as defined in art. 3, comma 1, lett. a) of the Italian Codice del Consumo.

By law, the Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, subject to the exceptions specified in point 8.2 below.

8.1 Any request of return or exchange of the goods received must be sent within 14 days of receipt of the goods. SMI PRIMA recommends that the Customer request the return authorization as per the procedure available on the website. This request is entirely valid and sufficient to exercise the right of withdrawal. Alternatively, the request can be sent by email to info@foodelita.it or by registered letter with return receipt to the address: SMI PRIMA, Via Pastore 40, 20866 Carnate (MB), Italy. The returned goods also must be sent within 14 days of receipt of the goods. The date of shipment of the returned goods will be considered that of the postmark. . The methods with which to return goods are available on the Exchanges and Returns page.

8.2 Without prejudice to the cases excluded in the first paragraph of this article 8, there right of cancellation or return for the following types of products, pursuant to art. 59 of Legislative Decree 21/2014:

  • order of Products made to measure or clearly personalized;
  • order of Products at risk of rapidly deteriorating or expiring;
  • order of sealed Products which cannot be returned for hygienic reasons, or related to health protection, or which have been opened after delivery.

With reference to the aforementioned types of products provided by law, the Customer, in particular, is informed and accepts that Products "at risk of rapidly deteriorating or expiring" include all food products, as well as alcoholic and non- alcoholic beverages, as the characteristics and qualities of these types of Products may potentially be altered as a result of inappropriate storage. Therefore, to protect the hygiene and health of our Customers, the right of cancellation is applicable only to the Products that can be returned and put back on sale without causing danger to the health of the buyers (for example kitchen accessories, books, boxes gift, gadgets, gift vouchers etc.).

8.3 The shipment for the return of the article is the responsibility of and at the expense of the Customer, unless otherwise agreed. The method of returning the goods is at the customer’s choice and the goods travel at his/her own risk. In the event that the Customer wishes to exchange one or more items with other items, the cost of shipping the replacement item is charged to the Customer, unless otherwise agreed. If the return is due to quality defects, recognized by SMI PRIMA, SMI PRIMA undertakes to pay all shipping costs, unless otherwise agreed with the Customer.

8.4 Any returns by the Customer, including when in exchange for other items, are subject to specific conditions: · Returned items must be intact and complete with all original labels and any other related documentation, and must be returned in the original packaging. The items must be clean and show no signs of wear or prolonged use.

  • any gift box purchased must also be returned intact.
  • Avoid putting labels or adhesive tapes or writing marks on the original product packaging.

8.5 in accordance with the law law, shipping costs for returning the goods are to be paid by the customer; returns can be sent by the method preferred by the customer, even with ordinary parcel (unless otherwise agreed) to the following address:

SMI PRIMA Via Pastore 40 20866 Carnate (MB)

  • The shipment, until the certification of receipt at our warehouse, is under the complete responsibility of the customer;
  • In case of damage to the goods during transport, SMI PRIMA will notify the customer of the incident (within 5 working days of receipt of the goods at its warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain the reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously nullifying the request for cancelation;

SMI PRIMA is not responsible in any way for damage to or theft / loss of goods returned by uninsured shipments.

8.6 In the presence of the above conditions, SMI PRIMA will reimburse the value of the returned items within 7 days from the return of the goods (shipping costs excluded). The refund may be reduced by the value of the packaging or gift wrapping if these are returned not intact.

If that the goods had been paid for by Paypal or by credit card, the refund will always take place in the same way.

In the event that the order had been paid with methods other than Paypal or Credit Card, the Customer is required to promptly provide the bank details (IBAN) on which to make the refund.

8.7 If the Customer's order has benefited from free or discounted shipping costs as the amount of the order was higher than the minimum required to take advantage of this condition, and subsequently the Customer exercises the right of cancellation for part or all items, an amount will be deducted by way of contribution for shipping and packaging costs from the refund for the Customer, unless the Customer has retained items for a total price that exceeds the minimum required for free shipping. In this case the value deducted from the refund is the shipping cost indicated on the site, corresponding to the shipping method used for the original shipment.

8.8 For all shipments to Switzerland and other countries outside the European Union: the following conditions apply, which supplement and replace the above conditions. The shipping cost applied by SMI PRIMA to the Buyer at the time of the order may not include the costs incurred by SMI PRIMA for export customs procedures. In case of return of the order without the purchase of replacement items of the same amount, SMI PRIMA reserves the right to deduct these costs from the refund due to the Buyer, up to a maximum of EUR 15.

In the event of a return, the Purchaser is responsible for all shipping costs from the Purchaser's home to SMI PRIMA’s address, as well as any customs and VAT charges due to Italian customs. SMI PRIMA will provide the best possible assistance to the Customer to facilitate customs clearance. SMI PRIMA is not responsible for the customs clearance of the return and is not required to entrust third party companies for customs clearance. The Buyer is required to provide any documentation required for customs clearance.

APPLICABLE LAW

The entirety of the sales contract between the Customer and SMI PRIMA is completed in Italy and governed by Italian law. The Court of Monza will be competent for any dispute.

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