Within the meaning and effect of Art. 64 of the Consumer Code (Legislative Decree 206/2005), the consumer (i.e. the one who buys goods or services for purposes unrelated to the exercise of his profession) has the right to cancel the contract without penalty and without specifying the reason, within 14 working days, subject to the provisions of Art. 65, paragraphs 3, 4 and 5.
It should be noted, however, that the right of cancellation in favour of the consumer does not apply to NIKYSHOES.IT products which, by their very nature, are not suitable to be reshipped or are at risk of rapid deterioration or alteration, such as, for example, cosmetic products which have already been opened.
Instructions for exercising the Right of Cancellation in cases provided for by the Consumer Code
In accordance with the provisions of the Consumer Code, the consumer has the right to terminate the Agreement in the manner and timing established in this Section.
Where the consumer intends to exercise his right of cancellation, he will have to do so within 14 (fourteen) days from the date of delivery of the NIKYSHOES.IT product (in the case of multiple deliveries, the date of the last partial delivery) sending appropriate notification (no need to specify any reasons), to be submitted by registered letter with acknowledgement of receipt or by fax or e-mail provided it is confirmed by registered letter with acknowledgement of receipt within 48 (forty eight) hours to the addressees as indicated below.
In the event of exercising the right of cancellation, the consumer will be required to return the NIKYSHOES.IT product to NIKYSHOES.IT to the following addresses within the same term of 14 (fourteen) days from the date of delivery of the item.
The integrity of the property to be returned is an essential condition for exercising the right of cancellation. However, it is sufficient that the goods are returned in normal condition, in that it has been kept and used with reasonable diligence.
Cancellation must be address to:
Nikimarty Fashion srl
via Mario Severino 2 - 81038
Articles must be returned to:
Nikimarty Fashion srl
Via Mario Severino n° 2
81038 - TrentolaDucenta, (Ce)
Consequences of cancellation
If the consumer has exercised his right of cancellation in accordance with the provisions of the General terms and conditions of sale (GTCS), the goods and services that have already been received by the Consumer and/or NIKYSHOES.IT must be returned. The refund of the price paid by the Consumer will be made by NIKYSHOES.IT, provided that the NIKYSHOES.IT product has been returned by the consumer, within 14 (fourteen) days from the date received on behalf of NIKYSHOES of the notice to exercise the right to cancellation or, if earlier, the date on which NIKYSHOES.IT received the NIKYSHOES.IT product returned by the consumer. The risks linked to the destruction or damage to NIKYSHOES.IT products during shipment shall be at the Customer’s expense, on the understanding that in such cases, the NIKYSHOES.IT products are not considered intact and cancellation will not be enforceable. The shipping costs associated with the return of the NIKYSHOES.IT product are borne by NIKYSHOES.IT, provided that, for the purpose of returning the NIKYSHOES.IT product, the customer uses the label sent by NIKYSHOES.IT and includes within the package the original document used for shipping the NIKYSHOES.IT product.
Instructions for exercising an extended right of cancellation for the consumer
As the deadline of 14 (fourteen) days to exercise the right of cancellation provided by the Consumer Code and to supplement the provisions of the latter, the consumer will retain the right to cancel the contract for the 20 (twenty) days immediately following the original deadline. The right of cancellation under this Section shall not, however, be exercised by the consumer in case of purchase of Gift Certificates (as defined below) or in relation to items which, by their nature, are not fit to be returned, such as for example, cosmetic products which have been already opened.
In both cases referred to in articles 6.3 and 6.4, in case the consumer intends to exercise the right of cancellation, the products must be returned NIKYSHOES.IT:
- Properly packed in their original packaging, in perfect condition for resale (not damaged, ruined or soiled) and equipped with all accessories, instructions for use and documentation;
- With all the transport document (present in the original), so as to enable NIKYSHOES.IT to identify the customer (order number, name and address);
- Without obvious signs of use, except those compatible with the operation of a normal trying on the item. That is, they will not show any traces of prolonged use (more than a few minutes) exceeding the time necessary for trying the item on and should not be in a state such as not to allow the resale of the product.
If the product returned to NIKYSHOES.IT does not comply with the requirements of the preceding paragraph, the cancellation will not be enforceable.