Refund policy

1. Preamble and Scope of Application

This page governs the procedures for exercising the right of withdrawal by the Purchaser who qualifies as a Consumer pursuant to Article 3 of Legislative Decree 6 September 2005, no. 206 (the "Consumer Code"), in relation to sales contracts concluded through the Tuscany Market Hub marketplace (hereinafter, the "Marketplace"). The right of withdrawal is governed by Articles 52 et seq. of the Consumer Code.

This page forms an integral part of the Terms of Sale.

The right of withdrawal does not apply to contracts concluded by Purchasers other than Consumers (e.g.: businesses, professionals, entities acting for entrepreneurial, commercial, artisanal or professional purposes).

2. Deadline for Exercising Withdrawal

The Consumer has the right to withdraw from the contract, without giving any reason and without incurring costs other than those provided for in Article 6 below, within 14 (fourteen) calendar days. The period starts from:

  • the day on which the Consumer or a third party designated by him (other than the carrier) acquires physical possession of the product, in case of home delivery;
  • the day on which the Consumer or a third party designated by him acquires physical possession of the product at the pickup stall, in case of collection at the Market;
  • in the case of Orders relating to multiple goods delivered separately, the day on which the Consumer or a third party designated by him acquires physical possession of the last good.

To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication concerning the exercise of the right of withdrawal before the expiry of the 14-day period.

3. How to Exercise the Right of Withdrawal

To exercise the right of withdrawal, the Consumer is required to inform of their decision by means of an explicit statement, before the expiry of the deadline referred to in Article 2 above.

The declaration of withdrawal can be made, alternatively:

  • by filling in the standard withdrawal form at the bottom of this page (Annex A) and sending it to the Marketplace's customer care email address, or to the contact details of the selling Producer indicated in the order confirmation;
  • by sending an explicit communication (e.g., via email) to the Marketplace's customer care, containing the unequivocal decision to withdraw from the contract and the identifying data of the Order (order number, date, purchased products, identifying data of the Purchaser);
  • by using the dedicated function, if available, within the personal area of the user account on the Marketplace.

The Marketplace's customer care acts as a coordination point between the Consumer and the selling Producer, and promptly forwards the declaration of withdrawal to the competent Producer.

The burden of proof of exercising the right of withdrawal, in accordance with the provisions of this article, rests with the Consumer.

4. Exclusions from the Right of Withdrawal

Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in relation to:

  • Perishable foodstuffs or those with a short shelf life (Article 59, paragraph 1, letter d): the right of withdrawal does not apply to the supply of goods that are liable to deteriorate or expire rapidly. This exclusion applies to a significant portion of fresh agri-food products offered on the Marketplace (e.g., fresh dairy products, fresh fruit and vegetables, bakery products, fish products, fresh meats);
  • Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Article 59, paragraph 1, letter e): the exclusion applies, for example, to sealed food products whose packaging has been opened after delivery, and to sealed cosmetic, personal care, or sanitary products;
  • Products made to measure or clearly personalized (Article 59, paragraph 1, letter c): the exclusion applies to products made to the Purchaser's specifications or customized at their request (e.g., engravings, dedications, dimensional adaptations);
  • Goods which are, after delivery, according to their nature, inseparably mixed with other items (Article 59, paragraph 1, letter f);
  • Sealed audio or video recordings or sealed computer software which were unsealed after delivery (Article 59, paragraph 1, letter i).

The exclusion from the right of withdrawal, where applicable, is indicated in the product sheet and reiterated during checkout. For agri-food products, the exclusion constitutes a physiological condition of the type of good sold and does not prejudice the Consumer's rights in the event of a defective, altered, or non-compliant product with the information reported in the product sheet, for which the protections provided by the legal guarantee of conformity and the specific regulations on food apply.

Furthermore, the right of withdrawal does not apply to contracts concluded outside business premises for which the price does not exceed 50 Euros, pursuant to Article 47, paragraph 1, letter b) of the Consumer Code, where the legal conditions are met.

5. Product Return

In cases where the right of withdrawal is exercisable, the Consumer is required to return the product to the selling Producer without undue delay and, in any case, within 14 (fourteen) calendar days from the date on which they communicated the decision to withdraw. The deadline is met if the Consumer sends back the product before the expiry of the deadline.

The return address is that of the selling Producer, communicated by the Marketplace's customer care after receiving the declaration of withdrawal, or obtainable from the identifying data of the Producer indicated in the order confirmation.

The product must be returned:

  • intact, unused, complete with all its parts and any accessories;
  • in its original packaging, where possible, with original labels and seals intact;
  • accompanied by a copy of the purchase documentation.

The Consumer is responsible for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods, pursuant to Article 57, paragraph 2, of the Consumer Code.

6. Return Costs

The direct costs of returning the product are borne by the Consumer, pursuant to Article 57, paragraph 1, of the Consumer Code, unless otherwise indicated by the selling Producer or unless the returned product is defective or non-compliant.

If necessary, the Consumer can request assistance from the Marketplace's customer care in organizing the return through the affiliated Courier, it being understood that the related costs remain at their expense.

7. Price Refund

In the event of a valid exercise of the right of withdrawal, the selling Producer, also through the Marketplace, will refund the amount paid by the Consumer, including standard delivery costs, without undue delay and, in any case, within 14 (fourteen) calendar days from the date on which they became aware of the exercise of the right of withdrawal.

The selling Producer may withhold the reimbursement until they have received the returned product or until the Consumer has supplied evidence of having sent back the product, pursuant to Article 56, paragraph 3, of the Consumer Code.

The refund will be issued using the same means of payment used by the Consumer for the initial transaction, unless otherwise expressly agreed. In no event will the Consumer incur any fees as a result of such reimbursement.

If the Purchaser has expressly chosen a delivery method other than the less expensive standard delivery offered by the Marketplace, the additional costs resulting from this choice are not subject to reimbursement.

8. Effects of Withdrawal and Further Provisions

The valid exercise of the right of withdrawal entails the termination of the sales contract relating to the returned product, with the consequent release of the parties from their mutual obligations, without prejudice to the provisions of Articles 5, 6 and 7 above.

These provisions regarding withdrawal do not prejudice any further rights recognized to the Consumer by applicable mandatory law, including the legal guarantee of conformity referred to in Article 11 of the Terms of Sale.

Annex A — Standard Withdrawal Form

This form is drawn up in accordance with Annex I, Part B, of Legislative Decree 6 September 2005, no. 206 (Consumer Code). The Consumer may use it, by completing and sending it to the Marketplace's customer care or to the selling Producer, if they intend to exercise the right of withdrawal. The completion of this form is not a condition for the validity of the exercise of withdrawal, which can also be communicated with another explicit statement.

To:

The selling Producer (whose contact details are indicated in the order confirmation received via email) or the Marketplace's customer care (whose contact details are published on the Contact Us page).

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*):

_____________________________________________________________________

_____________________________________________________________________

Ordered on (*) / received on (*): ____________________________________

Order number: ___________________________________________________

Name of consumer(s): _______________________________________

Address of consumer(s): ____________________________________

_____________________________________________________________________

Signature of consumer(s) (only if this form is notified on paper):

_____________________________________________________________________

Date: _________________________________________________________

(*) Delete as appropriate.