Right of Withdrawal
- In accordance with article 52 of the Consumer Code, Customers have the
right to renounce the effects of the sales contract concluded with the
Seller, without penalty and with no obligation to provide justification,
within 14 (fourteen) days calculated as follows:
- for products (goods) purchased on the Website, 14 days from the day of receipt by the Customer;
- for services (for example: Discount Coupon Codes), 14 days from the date corresponding to the conclusion of the sales contract, therefore from when the order is submitted by the Customer to the Seller’s system, with consequent digital delivery of the service.
- In accordance with article 54 of the Consumer Code, Customers can
withdraw from the sales contract concluded with the Seller using, at
their discretion, one of the following methods:
- follow the instructions provided on the page How to make a return request, in which a differentiation is made between orders submitted by a registered User (with user account) and orders submitted by a guest User (without user account);
- send an explicit declaration to the Seller, by post or via e-mail using the above mentioned contact addresses, eventually using the relative model withdrawal form as set out in Schedule 1, letter B of the Consumer Code.
- In accordance with article 57 of the Consumer Code, once the right of withdrawal has been exercised, the Customer shall return the Products shipping them back to the Seller (to OVYÈ Srl, Via dei Pellicciai, Blocco 1, Fraz. Funo Centergross, 40050 Argelato (BO) - Italy) or hand-delivering them to the physical shop duly indicated by the Seller, without undue delay and, in any case, within 14 (fourteen) days from the date when the Customer has communicated to the Seller his decision to renounce the effects of the contract. The deadline is met if the Customer ships the Products back before the expiry of the 14 (fourteen) days period. The costs of returning the Products to the Seller are fully at Customer’s expense and he will also be liable in case of loss or damage to the products during transportation, whether due to negligence on part of the courier responsible for the delivery and/or to the chosen shipping method. We therefore suggest entrusting the delivery to a reliable courier, opting for shipping methods that include delivery tracking.
- In addition to the terms and conditions set out in the previous points
10.1, 10.2 and 10.3, the right of withdrawal shall be deemed to be
correctly exercised when also the following conditions are met:
- products must not have been used, worn, washed or damaged;
- products delivered to the Customer are provided with a single-use identification tag: this must still be present, well preserved and, in case of disposable seal, attached in the original position;
- products must be returned in their original packaging. In case of disposable packaging, it must not have been opened and shall be still well sealed.
- products shall be still provided with original labels, packaging and accessories (dust bags, hangers, garment covers, etc..) received together with the order;
- swimwear and underwear pieces (bikinis, briefs, boxers etc.) can be tried on by the Customer over his/her own underwear. These items must not present any sign of use and their protective hygienic transparent label must not be removed.
- products must not have been damaged;
- products shall be given to the courier in charge of delivery or directly hand-delivered by the Customer to the physical shop duly indicated by the Seller, within 14 (fourteen) days starting from when the intention of withdrawal is notified to the Seller;
- in case of Products delivered to countries outside the European Union, customs duties and importation taxes to Italy must be paid in advance by the Customer.
- In accordance with article 59 of the Consumer Code, the right of withdrawal does not apply when the Customer has purchased tailor-made or personalised Products or in case of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- If, after proper verification by the Seller, the right of withdrawal is deemed to be correctly exercised according to the above indicated terms and conditions, the Seller will send to the Customer, via e-mail, a confirmation of the acceptance of the withdrawal and of the retuned Products and, subsequently, he will refund the price eventually paid, excluding eventual importation taxes, customs duties and any other amount not included in the sales price, in the shortest time possible and, in any case, within 14 (fourteen) days from the correct exercise of right of withdrawal by the Customer, as described in detail above, unless the Seller has not yet received the Products from the Customer.
- We specify that, in case of Products returned via hand-delivery in the physical shop indicated by the Seller, the receipt of the Product by store staff doesn’t constitute the acceptance of the exercised withdrawal and, therefore, no refund will be provided in this situation and location. Different qualified personnel will than be in charge of carrying out the assessment of the correct exercise of the withdrawal right, subsequently to the eventual receipt of the Product in-store.
- In case of refund, Customers can choose among two different modalities
to be communicated to the Seller in response to his e-mail indicating
the acceptance of the withdrawal:
- Voucher: the Customer will receive a discount code corresponding to the value of the returned items, excluding eventual importation taxes, customs duties or other amounts not included in the sales price. This code can be used within 90 (ninety) days from the issuing date, only once and for an order having equal or higher value respect to the refund;
- Payment refund: for orders paid via PayPal, Amazon Pay, Klarna or Credit Cards the refund (net of eventual importation taxes, customs duties or other amounts not included in the sales price) will be sent to the same bank account/credit card from which the payment was issued, within a timeframe on which the Seller has no power of control, bing them procedures exclusively managed by PayPal, Amazon Pay, Klarna or by the credit card’s issuing bank.
- In case the Customer does not respect the terms and conditions for the exercise of the withdrawal right as set out in points 10.2, 10.3 e 10.4, he will have no right to a refund of the sum already paid to the Seller, who will communicate via e-mail the non-acceptance of the withdrawal; in this case, within 14 (fourteen) days from the receipt of the Seller’s e-mail, the Customer can ask to receive again, at his/her own expenses, the Products in the state in which they have been returned to the Seller. In case of refusal by the Customer, the Seller reserves the right to retain the products in addition to the sum already paid for their purchase.
- In any case, se Seller cannot be held liable for:
- Eventual refund delays attributable to the Customer (in case he/she hasn’t stated any preference regarding the refund and/or in case he/she gave wrong bank details), banking institution, payment circuits and/or third parties;
- Products returned by mistake, damaged or not returned for reasons attributable to courier’s liability or to third parties.
- With the exercise of the withdrawal right, the Customer is not entitled to any exchange (size, colour, item, etc.) for another Product.
The right of withdrawal has been correctly exercised within the withdrawal period indicated in article 52 (2) and 53 of the Consume Code only if the communication concerning the exercise of the right of withdrawal is sent by the Customer before the withdrawal period has expired
Upon receipt of the withdrawal declaration, the Seller shall, without undue delay, contact the Client via e-mail to confirm the receipt of the exercited withdrawal. This will be followed, after proper verification, by a further e-mail indicating the acceptance or the rejection of the withdrawal, depending on the compliance or non-compliance with the below-mentioned terms and conditions by which the right of withdrawal should be exercised.
In case of payment by bank transfer, the amount will be returned to the original bank account by bank transfer: times may vary depending on the banking institution involved and might take up to 5-6 working days from the actual payment order relative to the refund in order for the amount to be credited to the Customer’s bank account.
In case of payment through cash on delivery, the refund will be made via bank transfer: for this reason, the Customer shall provide a valid bank account number (IBAN) corresponding to his/her own bank account, indicating also the order number. In any case, the sum corresponding to bank commissions incurred by the Seller for the execution of the bank transfer will be withhold from the refund.