Withdrawals and Returns
The Right of Withdrawal consists of the possibility for one of the contracting parties to unilaterally terminate a contract, extinguishing all obligations arising from it, without the consent of the other party and without incurring penalties. At the time of delivery, the customer cannot inspect the contents of the received package but has the option, in case of non-conformity with what was ordered, to exercise the right of return.
The unilateral withdrawal from the contract must be communicated in writing, preferably by email, to the other party within a legally established period, specifically fourteen days, as stated in Legislative Decree 206/2005, starting from the delivery date of the product or products intended to be returned.
The customer has the right to withdraw from the contract, without the obligation to state reasons, within 14 days from the date of receipt of the products, without any particular justification being required, as mere reconsideration is sufficient pursuant to art.49, paragraph 1, letter h of Legislative Decree 6 September 2005, n. 206.
The period during which withdrawal can be requested expires 14 days after the day on which the Customer or a third party, other than the carrier designated, acquires physical possession of the goods or acquires physical possession of the last item in the case that, due to necessity, we send the goods separately for a single order. The 14-day period is strict; the customer must immediately check the received product. Even in the absence of the recipient or if the product is a gift or needs to be delivered on a specific date, the withdrawal period starts from the moment the item is received.
To exercise the right of withdrawal, the Customer must inform us of their decision to withdraw from this contract through an explicit statement (for example, email, letter sent by post, fax) to one of the following contacts:
Tecnosell Srl | Headquarters: via Raffaele Testa, 33 - 80146 - Naples (Italy)
Email: info@tecnosell.com
Tel.: 081 19143121
For this purpose, the Customer may use a simple statement, or download, fill out and electronically send the "STANDARD FORM" of withdrawal, or alternatively any other explicit declaration sent to the email address: info@tecnosell.com, remembering to always include the order number.
---> DOWNLOAD THE STANDARD FORM
Upon notification, we will promptly send a confirmation of receipt of the withdrawal on a durable medium (e.g., by email). To meet the withdrawal deadline, it is sufficient for the Customer to send a communication regarding their intention to withdraw from the purchase contract before the withdrawal period expires.
The right of withdrawal is subject to the following conditions:
- the customer must not have purchased with a VAT number - The right of withdrawal does not apply to those who purchase with a VAT number, as the buyer does not act as a consumer.
- the returned product must include all its parts;
- the returned product and packaging, including seals, must be intact;
- the shipping costs for the return and any replacement product will be borne by the buyer;
- shipping, until the product reaches our warehouse, is at the customer's risk;
- in case of damage during transport, we will promptly inform you to allow you to submit a claim; in this case, the product will be returned at your expense, nullifying the withdrawal request;
- upon arrival at the warehouse, the product will be inspected to assess any damage or tampering not due to transport. If the product and/or its original internal/external packaging is damaged, or even if the external seals are opened or damaged, we will withhold 10% of the refund as a lump-sum compensation for the decrease in the product's value* and for the cost of restoring the goods. If you want specific information about a product, you can request it, and if you wish to examine a product's features, you can ask for it to be sent with opened seals to avoid return costs; products with opened seals may be available and purchasable in the "Used" category.
- Once the returned product is received, we will refund the full amount paid within 48 hours. The refund will be made using the same payment method used by the customer; only if the customer paid by cash on delivery will they need to provide a method for us to process the refund.
Instructions and limitations for exercising the right of withdrawal:
- The right of withdrawal can only be exercised for contracts concluded at a distance or negotiated outside commercial premises (art. 52 Consumer Code), and therefore cannot be exercised for products picked up at the office.
- Withdrawal cannot be exercised if the original packaging of all product components, including protective films, cables, and other items in the original package, is missing.
- Withdrawal cannot be exercised for only part of the purchased product;
- Withdrawal cannot be exercised if the courier delivers a package or envelope already visibly open or damaged. In such cases, delivery must be refused;
- For products subject to replacement, the customer must report any defects and/or non-conformities within 48 hours of receiving the product to exercise the right of withdrawal. After this period, the product can only be sent for repair to authorized service centers;
- The customer can exercise the right of withdrawal within 14 days of receiving the purchased goods;
- To exercise this right, you must send us an email at info@tecnosell.com, indicating the order number, within 14 days from the date of receipt of the goods;
- The costs incurred by the customer for withdrawal consist only of shipping and return costs.
Effects of Withdrawal
- If the Customer withdraws from this contract, all payments made to us will be refunded, excluding delivery costs and additional costs arising from choosing a delivery type other than the least expensive standard delivery offered, without undue delay and in any case no later than 14 days from the day we are informed of the decision to withdraw. Once the returned item is received, we will refund the full amount paid within 48 hours.
- For all electronic products, if the returned product is found opened or damaged not due to transport, 10% of the total refund will be deducted corresponding to the decrease in the purchased item's value.
- All refunds will be made using the same payment method as the initial transaction, unless the Customer has expressly agreed otherwise. In case of cash on delivery payments, an IBAN will be required for the refund.
- Refund may be suspended until the goods are received or until proof is provided by the consumer that the goods have been returned, if earlier.
- The Customer is requested to return the goods or deliver them to our premises without undue delay and in any case within 14 days from the day they communicated their withdrawal. The deadline is respected if the goods are returned before the 14-day period expires.
- The direct cost of returning the goods will be borne by the Customer. The estimated cost for Italy is a maximum of about EUR 20.00. Returned goods travel at the customer's risk.
The right of withdrawal is void if upon receipt of the goods:
- there are applications with registered accounts or active and/or locked Google accounts; registration of unlock codes required for access to certain functions and similar. Therefore, the device must be returned fully unlocked.
- the original external/internal packaging is missing
- accessory elements of the product (cables, manuals, parts, etc.) are missing
- the returned product is damaged for reasons other than transport, e.g., display damage.
Display damages are divided into 2 types: fractures and/or scratches and display malfunctions.
1) Scratches and fractures are almost always repaired for a fee; it is very rare for a phone to be delivered with a fractured or scratched display. If you receive a phone with a fractured or scratched display, the defect must be reported immediately within 24 hours of receipt. The phone must be sent to us for examination by the manufacturer's service. If the frame has dents, the damage will certainly be attributed to the user. In any case, only the manufacturer decides whether the damage is due to a construction defect or user negligence.
2) Display malfunctions are handled like any other hardware defect. They can appear after some use of the phone and typically include incorrect color display, partially non-functional screen, or colored lines. They may depend not only on display defects but also on exposure to water or excessive humidity. Defective or dead pixels are considered a defect only if more than 3.
- Use of telephone devices in non-EU countries with non-EU SIM cards
The use of EU-origin devices in non-EU countries cannot be guaranteed. Device operation in areas different from those where marketed depends on policies by phone operators and manufacturers. Such policies may change unpredictably, affecting devices already on the market. Recently, Samsung restricted some smartphones to use only SIMs marketed in the same geographic area as the device. This means a Samsung device affected by this limitation will work in Italy and abroad only with EU SIMs; it will not work, for example, in the USA with a USA SIM. It is impossible to know which devices are affected by this limitation. This is only an example and not exhaustive, nor limited to Samsung.
Applicable Law
Every sales contract is considered concluded in Italy and governed by its laws. The competent court for any disputes is that of Naples.
*The decrease in the value of the item is considered to result also from simply opening the package and/or tampering with the original packaging. The returned product must be in a condition to be resold as new.
Return of a product; The right of return consists of the possibility to request a replacement or a refund for a product that shows defects or malfunctions within 30 days from the moment it is received. If the customer requests a return, they must provide details about the defect or malfunction to facilitate product repair or replacement of defective parts. The product will be collected from the customer at our care and expense and, once received, tested within 48 working hours to verify the reported defect. If the defect is confirmed, the customer will receive a replacement product or a full refund. If the defect is not confirmed, the product will be sent to the manufacturer's service network for further verification. The manufacturer's service network decision will be final and binding. Upon customer request, we will send a copy of the processing sheet. If the defect is not confirmed by the manufacturer’s service network, the customer must reimburse shipping and collection costs and any costs claimed by the service network for product verification. A non-defective returned product will be treated as a withdrawal from the order.