Right of Withdrawal

Last updated: 17 November 2025

1. Applicable Legislation

The right of withdrawal for online purchases of electronic products is governed by Legislative Decree No. 206 of 6 September 2005 (Italian Consumer Code, D.Lgs. 206/2005), as amended by Legislative Decree No. 21 of 21 February 2014 (D.Lgs. 21/2014), transposing Directive 2011/83/EU on consumer rights.

Legal references: Articles 52 to 59 of the Italian Consumer Code

2. Who Can Exercise the Right of Withdrawal

The right of withdrawal is granted exclusively to consumers, meaning natural persons who purchase products for purposes unrelated to their business, commercial, craft or professional activity.

            👤Important: Companies, professionals and buyers acting for professional purposes cannot benefit from the right of withdrawal provided for by the Italian Consumer Code.
        

3. Withdrawal Period

The consumer has the right to withdraw from the online purchase contract within 14 days, without giving any reason and without incurring any costs other than those for returning the goods.

Start of the Period

The 14-day period starts:

From the day the product is physically received by the consumer or by a third party designated by them (other than the carrier)
For multiple products ordered in a single order but delivered separately: from the day the last product is received
For goods consisting of multiple lots or pieces: from the day the last lot or piece is received

            📅Practical Example: If you receive the product on 1 January, you have until 14 January (inclusive) to notify your withdrawal. The deadline is met if you send the notice by midnight on the 14th day.
        

4. How to Exercise the Right of Withdrawal

Notice of Withdrawal

The consumer must communicate their decision to withdraw in a clear and unequivocal manner. The following methods are valid:

✉️Email/PEC to abtesrl@pec.it
📄PEC (Italian certified email)
✍️Registered letter with proof of delivery to: Via G. Meazza, 10 80026 Arpino NA
📋Withdrawal form (if provided by the seller)
Any other explicit statement of the decision to withdraw

⚠️Please note: Refusing the parcel from the courier or simply returning the product is not sufficient. An explicit notice of the decision to withdraw is required before or at the same time as the return.

Content of the Notice

The notice of withdrawal must include:

The consumer's personal details (first name, surname, address)
Order number or other purchase identification details
Description of the product(s) being returned
Date of receipt of the product
Explicit statement of the decision to withdraw
Bank details for the refund (IBAN)

5. Returning the Products

Return Period

The consumer must return the products within 14 days of the date on which they notified their decision to withdraw from the contract.

Return Address

Products must be returned to:
ABTE S.R.L.
Via G. Meazza, 10
80026 Casoria 80026 Arpino NA

Condition of the Products

Returned products must be:

📦Intact and complete with all original accessories, components, manuals and supplied items
🏷️In their original packaging, preferably intact or in any case suitable for protecting the product during transport
✨In substantially perfect condition, except for the normal handling necessary to establish their nature, characteristics and functioning

⛔Diminished Value: The consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The seller may deduct from the refund an amount equal to the diminished value caused by use of the product beyond the minimum necessary.

Return Costs

The direct costs of returning the goods are borne by the consumer, unless the seller has agreed to bear them or has failed to inform the consumer that such costs are to be borne by them.

Recommended Shipping Methods

Use a traceable courier with a tracking number
Insure the goods for their declared value
Keep the proof of shipment until the refund has been received
Pack the product properly to prevent damage during transport

6. Refund

Refund Period

ABTE S.R.L. will refund all payments received from the consumer, including delivery costs (excluding any supplementary costs resulting from the consumer's choice of a type of delivery other than the least expensive standard delivery offered), within 14 days of the day on which it is informed of the consumer's decision to withdraw.

            💰Important Exception: The seller may withhold the refund until it has received the goods back or until the consumer has provided evidence of having sent back the goods, whichever is the earlier.
        

Refund Method

The refund will be made using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of the refund.

What the Refund Includes

Product price
Initial standard shipping costs (not express shipping if chosen by the customer)
VAT and any other taxes

What the Refund Does NOT Include

Costs of returning the product (unless otherwise agreed)
Supplementary costs for premium or express shipping chosen by the customer
Any reduction in value due to excessive handling of the product

7. Exclusions from the Right of Withdrawal

The right of withdrawal does not apply to the following electronic products, pursuant to Article 59 of the Italian Consumer Code:

🚫Products Excluded from the Right of Withdrawal:

Sealed software unsealed after delivery (e.g. programs, video games, applications in sealed packaging)
Digital content not supplied on a tangible medium, if performance has begun with the consumer's prior express consent and their acknowledgement that they thereby lose the right of withdrawal
Goods made to the consumer's specifications or clearly personalised
Sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery (e.g. in-ear earphones, headphones with removable cushions that have already been used)
Goods liable to deteriorate or expire rapidly
Sealed audio/video recordings or sealed computer software, unsealed after delivery

Practical Examples for Electronic Products

✅Right applies: Smartphones, tablets, computers, cameras, smart TVs, smartwatches, games consoles (hardware), unopened headphones, sealed accessories
❌Right does not apply: Software with an activated licence, digital downloads already downloaded, digital video games already redeemed, digital service subscriptions already activated, activation codes already used

8. Guarantee and Withdrawal: Differences

It is important not to confuse the right of withdrawal with the legal guarantee of conformity:

	Right of Withdrawal	Legal Guarantee
Duration	14 days from receipt	24 months from delivery
Reason	No reason required (change of mind)	Lack of conformity or malfunction
Costs	Return costs borne by the consumer	Free repair or replacement
Applicability	Online/distance sales only	All sales (including in-store)

9. Special Cases

Defective or Non-Conforming Products

If the product is defective or does not conform to what was ordered, the consumer is entitled:

To invoke the legal guarantee of conformity (even after the 14 days)
To exercise the right of withdrawal within 14 days without giving any reason
To obtain a full refund of shipping costs (both the initial and the return shipment) in the event of a defect or lack of conformity

Missing or Incomplete Information

If the seller has not provided the consumer with information on the right of withdrawal, the 14-day period is extended by 12 months from the end of the original withdrawal period. If the seller provides the missing information within those 12 months, the 14-day withdrawal period starts from that moment.

Orders with Multiple Products

The consumer may also exercise the right of withdrawal for only some of the products in an order made up of several items, returning only those for which they wish to exercise the right.

10. Forms and Useful Documents

📋Standard Withdrawal Form

The Italian Consumer Code provides a standard form for exercising the right of withdrawal. The consumer may use it but is not obliged to: any clear statement of the decision to withdraw is sufficient.

Form available: Annex I, Part B of D.Lgs. 21/2014

Documents to Keep

We recommend keeping:

Order confirmation and invoice/receipt
The withdrawal email or notice sent
Proof of shipment of the return (tracking number)
Any correspondence with the seller

11. Dispute Resolution

Direct Contact

In the event of problems or complaints, the consumer should first contact ABTE S.R.L. customer service at the PEC address abtesrl@pec.it in an attempt to reach an amicable settlement.

Alternative Procedures

The consumer may make use of:

Recognised Consumer Associations
Chamber of Commerce - Conciliation service
European ODR Platform for cross-border purchases: https://ec.europa.eu/consumers/odr

Judicial Protection

For disputes arising from consumer contracts, the competent authority is the Justice of the Peace (Giudice di Pace) or the Court of the consumer's place of residence or domicile.

12. Full Legal References

Legislative Decree No. 206 of 6 September 2005 - Italian Consumer Code (Articles 52-59)
Legislative Decree No. 21 of 21 February 2014 - Implementation of Directive 2011/83/EU
Directive 2011/83/EU of the European Parliament and of the Council
EU Regulation No. 524/2013 - Online Dispute Resolution (ODR)

ℹ️Final Note: This information is provided for information purposes only and does not constitute legal advice. For specific or complex situations, we recommend consulting a qualified legal professional or a consumer association.

Right of withdrawal