Consumer information

This information, provided pursuant to art. 49 of the Consumer Code and art. 12 of Legislative Decree of 09/04/2003, No. 70, contains the conditions for exercising the right of withdrawal, returns and the legal guarantee of conformity, and is an integral part of the General Conditions of Sale , and which you are kindly requested to read carefully before proceeding with the issuance of the Order.

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1. Withdrawal Procedure

1.1 In accordance with art. 52 et seq. of the Consumer Code, the User and Consumer will have the right to withdraw (the “Withdrawal”) from the purchase contract of Products, stipulated with the Seller, without any penalty and without having to provide any reason, within fourteen (14) days from the day on which he received the Products purchased on the Platform according to the conditions expressed below. In the case of separate delivery of multiple Products ordered by the User and Consumer with a single Order, the term of fourteen (14) days for exercising the right of withdrawal starts from the day on which the last Product is delivered.

1.2 Pursuant to art. 54 of the Consumer Code, the User and Consumer may exercise the right of Withdrawal using, at his/her choice, one of the following methods:

1. online transmission to the Seller of the withdrawal form, completed in full, compliant with the standard form provided pursuant to art. 49, paragraph 1, letter h) of the Consumer Code, which can be consulted and downloaded at this link ; in this case, confirmation of receipt of the withdrawal declaration will be sent by e-mail to the address provided by the Consumer;
2. transmission by post to the Seller of the withdrawal form, completed in full, compliant with the standard form provided pursuant to art. 49, paragraph 1, letter h) of the Consumer Code which can be consulted and downloaded at this link
3. sending by post to the Seller another explicit declaration of his decision to withdraw from the contract.

1.3 In cases ii) and/or iii) under art. 1.2, the declaration of the User and Consumer must be sent to the attention of Customer Service: customer@icamcioccolato.it . It is understood that, in such cases, the burden of proving the correct and timely exercise of the right of withdrawal will be borne by the User and Consumer.

1.4 Return. In accordance with art. 57 of the Consumer Code, once the Right of Withdrawal has been exercised, the Products to be returned must be delivered to the courier within fourteen (14) days from the date on which the User and Consumer communicated to the Seller his decision to withdraw from the contract.

1.5 In accordance with art. 59 of the Consumer Code, the right of Withdrawal is excluded in the event that the User and Consumer has purchased Products that are clearly personalized or that are not suitable to be returned for reasons of hygiene and/or related to health protection and/or that have been opened after delivery.

2. Conditions for exercising the right of withdrawal

2.1 In accordance with art. 52 of the Consumer Code, the right of withdrawal is considered to be correctly exercised if the following conditions are fully respected:

1. the right of withdrawal must be regularly exercised within fourteen (14) days of receipt of the Products following one of the methods indicated in art. 1;
2. the Products must not have been opened and, in any case, must not be damaged and/or deteriorated and must comply with the requirements indicated in art. 4 below, relating to the conformity checks of the returned Products;
3. the Products must be returned in their original packaging and/or box and/or wrapping, with the accessories, instructions for use and anything else supplied with them;
4. The Products must be delivered to the carrier for return within fourteen (14) days from when the User and Consumer communicated to the Seller his decision to withdraw from the purchase of the Products.

3. Return costs and methods

3.1 In accordance with the provisions of art. 57, paragraph 1 of the Consumer Code, the return costs will be borne exclusively by the User and Consumer. Packages sent at the recipient's expense will not be accepted.

3.2 If the right of withdrawal is exercised, the Seller will not be responsible for the transport costs for the return or for any loss or damage to the Products attributable to third parties. Any risk connected to the return of the Products will be exclusively borne by the User and Consumer, unless the User and Consumer does not demonstrate that he has deposited the Products to be returned with a carrier.

3.3 If the User and Consumer has complied with all the conditions set out in art. 2.1, the Seller, in accordance with art. 56 of the Consumer Code, will fully refund the Total Amount Due, with the User and Consumer only being responsible for the Return costs, i.e. those for returning to the Seller the Products purchased pursuant to art. 1.4, unless the Seller has expressly exempted him from such costs at the time of purchasing the Products.

4. Compliance checks of returned Products

4.1 The User and Consumer will be contacted at the email address communicated with the Registration if the Return cannot be accepted because it does not comply with the conditions set out in letters a) and e) of the previous article 2.1, or in the case referred to in art. 59 of the Consumer Code and therefore the User and Consumer will be able to choose whether to have the purchased Products returned at his own expense. In the event that the same refuses this shipment, the Seller reserves the right to retain the Products and the amount corresponding to the Total Amount Due for the purchase of the Products.

4.2 All Products must be returned unopened, in perfect condition, with all protective materials and labels and stickers attached to the Products (if any), in addition to their original packaging, accessories and documentation. If the Product has been opened or is altered from its original condition in any way, the Seller reserves the right not to accept the Return. The Seller assumes no responsibility for Products returned by mistake or for items forgotten in packages or returned Products.

4.3 In the event of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to the User and Consumer will be quantified in proportion to the value of the Product subject to Withdrawal.

4.4 The User and Consumer is solely responsible for the decrease in value of the Products resulting from handling of the Product other than that necessary to establish the nature, characteristics and qualities of the Product and its correspondence to the Product Sheet, as reported in the Order Confirmation. The Product must in any case be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functioning, accompanied by all accessories, instructions for use and anything else supplied with them, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the Withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.

5. Refund times and methods

5.1 After receiving the Return and checking that all the requirements set out in art. 4 have been met, the Seller will proceed to refund the Total Amount Due paid by the User and Consumer for the Product, including Shipping costs, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the User and Consumer's decision to exercise the Withdrawal. The refund may be suspended until receipt of the Products or until the User and Consumer has demonstrated that they have returned the Products, if earlier.

5.2 The amount of the refund provided for in art. 5.1 will be communicated via email, to the same address as the Order Confirmation, for acceptance of the Return and the Seller will proceed with the full refund of the Total Amount Due, except as provided for in art. 3.

5.3 The refund will be made using the same means of payment used by the User and Consumer for the initial transaction, unless the User and Consumer has expressly agreed otherwise; in any case, the User and Consumer will not have to bear any costs as a consequence of such refund. The value date of the credit will be that of the credit itself. The actual time for the re-crediting or the refund of the sums paid for the purchase of the Products depends on the payment methods used by the User and Consumer, as provided by the individual payment methods management companies.

5.4 Whatever the payment method used, the refund provided for in art. 5.1 is activated by the Seller as soon as possible, and in any case within fourteen (14) days from the date on which he became aware of the exercise of the Withdrawal, once verified that the Withdrawal and the Return have occurred in compliance with the conditions reported above in the previous articles.

6. Complaints and Non-Conforming Products

6.1 Without prejudice to the legal guarantee for the Products sold, pursuant to articles 128 et seq. of the Consumer Code, Icam Spa, as seller of the Products, guarantees the conformity of all Products sold with respect to the conditions indicated in the Order Confirmation, in terms of quantity and quality, for a period of two years from delivery of the Products and is liable to the User and Consumer for any lack of conformity existing at the time of delivery of the Product. In the event of a lack of conformity of a Product pursuant to art. 129 of the Consumer Code, the User and Consumer has the right to have the conformity of the goods restored, free of charge, by repair or replacement. In the event that these remedies fail, the User and Consumer has the right to an appropriate reduction in price or to the termination of the contract.

6.2 The User and Consumer will have the right to exercise the rights provided for in art. 6.1 in the event that the Products are defective or otherwise non-compliant with the Order Confirmation at the time they were received, provided that the User and Consumer forwards a complaint regarding the non-conformity of the Products ( Complaint ) within two months of the date on which such non-conformity was discovered.

6.3 Products repaired, modified or in any way altered by the User and Consumer are excluded from the legal guarantee of conformity.

6.4 In the event of a lack of conformity duly reported with the Complaint, the User and Consumer has the primary right to a free replacement of the Product, or, secondarily, to a proportional reduction of the Total Amount Due or to the termination of the contract, at his choice. However, this is the case in which the replacement is impossible or excessively onerous, or if the replacement has not been carried out within an appropriate timeframe or if the replacement previously carried out has caused significant inconvenience to the Consumer. The remedy requested is excessively onerous if it imposes unreasonable costs on the Seller compared to the alternative remedies that can be pursued, taking into account the value that the Product would have if there were no lack of conformity, the extent of the lack of conformity, the possibility that the alternative remedy can be pursued without significant inconvenience for the User and Consumer.

6.5 For practical information on how to exercise Returns and Complaints, Customer Service can be contacted at the contact details already indicated in the General Conditions of Sale, which can be consulted here . The User and Consumer must follow the procedure for returning damaged, non-compliant and/or defective Products that will be indicated by Customer Service; otherwise, the User and Consumer will not be able to claim any refund or replacement of the Products in question. The Product, even if defective, in order to be replaced must, at the time of return to the Seller, be complete with the original packaging and/or box and/or packaging, with the accessories, instructions for use and anything else supplied with it. Returning the Product without the original packaging and/or box and/or packaging, the accessories and the documentation mentioned above prevents and makes it impossible for the Seller to replace the Product itself. Customer Service may request information relating to the identity of the User and Consumer and carry out any checks that may be useful.

6.6 In the event of replacement of non-compliant Products, once the Products returned by the User and Consumer have been received, the Seller will verify the validity of the complaints and, if such verification is positive, the Seller will replace the defective, damaged or non-compliant Product and send it to the User and Consumer as soon as possible and in any case within 30 (thirty) working days from receipt of the Products. Shipping costs will be entirely borne by the Seller.

In the event that the Seller is unable to proceed with the replacement of the Products within the aforementioned deadline, he will immediately notify the User and Consumer at the email address indicated at the time of purchase of the Products.

In the event that, after examining the returned Products, the Seller deems that the complaints are unfounded, the User and Consumer will not be entitled to a refund and the Products will be returned to him at the latter's expense.

7. Responsibilities and obligations of the Seller towards the Private Individual/Consumer: liability for defects, proof of damage and compensable damages

7.1 The Private Individual/Consumer undertakes to pay the price of the products in the manner and according to the terms better described above;
7.2 Pursuant to articles 114 et seq. of the Consumer Code, the Seller is liable for damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods;
7.3 The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if it still exists;
7.4 The Seller cannot be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product, to a mandatory legal provision or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective;
7.5 No compensation will be due if the injured party was aware of the defect of the product and the danger resulting from it and nevertheless voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage;
7.6 The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and is thus mainly used by the injured party;
7.7 Damage to property referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros);
7.8 In no case may the Private Individual/Consumer be held responsible for delays or errors in payment if he can demonstrate that he made the payment within the times and methods indicated by the Seller;
7.9 The Seller cannot be held responsible for damages, losses and costs incurred by the Private Individual/Consumer as a result of the failure to execute the contract for reasons not attributable to him, the Private Individual/Consumer being only entitled to the full refund of the price paid and any additional costs incurred.