If you run an online sales business in Italy, it’s important to understand the country’s rules regarding the right to withdraw from purchases. Understanding this legal safeguard is key to improving customer satisfaction and increasing sales conversions.

Here, we’ll examine the right of withdrawal for web-based transactions, how it works, and the rules and regulations businesses must follow in Italy.

What’s in this article?

• What is the right to withdraw for online purchases?
  
• What is the difference between withdrawal and return?
  
• How does the right of withdrawal for online purchases work?
  
• Right of withdrawal for online purchases for foreign customers
  
• When the right of withdrawal does not apply
  
• Seller’s obligations in case of online purchase withdrawals
  

What is the right to withdraw for online purchases?

The right of withdrawal for online purchases allows shoppers to cancel their order within a certain timeframe without giving a reason. This rule is fundamental in ecommerce because, unlike brick-and-mortar stores, buyers cannot see or try the product before purchasing.

In Italy, the cancellation right for internet transactions is governed by the Consumer Code (Articles 52 et seq.) of Legislative Decree 206/2005, which states: “Unless exceptions under Article 59 apply, the consumer has 14 days to withdraw from a distance or off-premises contract without providing a reason and without incurring any costs, except those specified in Article 56, paragraph 2, and Article 57.”

What is the difference between withdrawal and return?

Though they might sound similar, we must distinguish between “withdrawal” and “return.” The right of withdrawal, also called the “cooling-off period,” is a buyer protection measure established by law.

On the other hand, when we talk about “returns,” we’re referring more specifically to the return policy of an individual ecommerce site. While these policies must adhere to the withdrawal regulations set by the law, they could offer more favorable conditions for the customer. For instance, the law typically grants 14 days to exercise this protection, but a business might extend this deadline to 30 days.

Como funciona o direito de desistência em compras online?

O consumidor deve exercer seu direito de desistência dentro de 14 dias corridos (não dias úteis) a partir da data em que o produto foi entregue ou, no caso de uma única transação envolvendo vários itens enviados separadamente, 14 dias a partir da data de entrega do último item. O cliente pode exercer esse direito sem dar qualquer motivo nem incorrer em custos, exceto pelo custo da devolução da mercadoria.

O vendedor pode optar por cobrir o custo da devolução dos bens, ou pode ser obrigado a fazê-lo se não tiver informado o comprador de que esse custo seria de sua responsabilidade. Para os serviços, o prazo de 14 dias começa no dia da celebração do contrato.

Prorrogação do intervalo de segurança

Se o vendedor não informar o cliente sobre o direito de desistência, conforme exigido pelo artigo 49(1)(h) do Código do Consumidor, o prazo para o exercício desse direito é prorrogado por 12 meses, para além dos 14 dias iniciais.

Para compras feitas presencialmente, o prazo para arrependimento pode ser ampliado para 30 dias se o contrato for celebrado durante uma visita não solicitada de um profissional à casa do comprador ou como parte de uma venda de casa em casa organizada por um profissional para promover ou vender produtos aos clientes.

Resumo dos prazos para o exercício do direito de desistência para compras online

• Período de desistência padrão: 14 dias
  
• Período de desistência se o consumidor não for informado dos seus direitos: 14 dias + 12 meses
  
• Período de desistência para contratos realizados durante visitas domiciliares não solicitadas: 30 dias
  

Right of withdrawal for online purchases for foreign customers

Suppose your ecommerce business is based in Italy, and you sell to consumers in other countries. In that case, you must familiarize yourself with the regulatory provisions in the domestic laws of those countries as well. Foreign shoppers have the right to request that their own country’s regulations on the right of withdrawal be applied to online purchases if those regulations are more favorable than Italian law. The rules for European Union member countries are generally very similar to those of Italy, as they are derived from the relevant EU directives.

When the right of withdrawal does not apply

The regulations specify that the cancellation right for web orders does not apply in certain cases, including the following:

• Supply of perishable goods or those likely to deteriorate rapidly

• Supply of goods which, after delivery, are by their nature inseparably mixed with other items

• Supply of sealed goods opened by the consumer that cannot be returned for health or hygiene reasons

• Contracts where the customer has specifically requested a visit from the business for urgent repair or maintenance work: if, during the visit, the trader provides further services beyond those specifically requested by the client or items other than spare parts needed for the repairs or maintenance, the right of withdrawal applies to these additional goods or services

• Sealed computer software that has been opened after delivery

• Contracts for digital content not supplied on a tangible medium if the performance has started with the consumer’s explicit consent and their acceptance that they would lose the withdrawal entitlement in such cases

Right of withdrawal for online subscriptions

Digital content includes online subscriptions. In this respect, the European Court of Justice has ruled that a consumer retains the option to cancel from a distance contract when subscribing to a service with an initial free period. The membership is automatically renewed, usually once only, unless canceled.

However, if the consumer was not clearly, transparently, and explicitly informed at the time of subscription that there would be a charge after the free trial, they are entitled to exercise the right of withdrawal after the initial period has expired.

Right of withdrawal for B2C and B2B ecommerce

While the right of withdrawal is mandatory for business-to-consumer (B2C) ecommerce, it is not required for business-to-business (B2B) ecommerce. That said, if they choose, B2B online business owners can still include the withdrawal entitlement in their terms and conditions.

If you have a digital storefront or are planning to start one, there are several factors to consider beyond the right of withdrawal for web-based orders, including selecting a payment service provider. Selecting the ideal platform is important for processing payments quickly and efficiently while ensuring access to your business’s most suitable payment methods. With its Optimized Checkout Suite, solutions such as Stripe Payments enable you to accept payments online and in person globally, increase conversion rates, ensure compliance, and save thousands of hours of technical work.

Seller’s obligations in case of online purchase withdrawals

To help ensure that online purchases comply with the right of withdrawal policy and minimize potential disputes, here are some key points to consider:

• You must supply the customer detailed information regarding the option to cancel in Italian. For this purpose, you can use the template notice provided in Annex I.A of the Consumer Code.

• You must give the customer the withdrawal form for internet-based orders, as specified in Annex I.B.

• Regulations typically place the burden of return costs on the customer, but ecommerce businesses can choose to cover them if they please. Nevertheless, this must be clearly stated in the general conditions of sale.

• You must refund all payments received from the customer within 14 days from the day they notify you of their intention to exercise the right of withdrawal using the same payment method used for the original purchase.

• You can withhold the refund until you have received the returned goods or until the customer presents proof of shipment.