How can I exercise my Right of Withdrawal?

Consumers’ right of withdrawal, commonly known as “the cooling off right”, is a right which is recognised by articles 52 et seq of the Italian Consumers Code (Legislative Decree 206/2005 and as subsequently amended) and by European Union regulations protecting “consumers”, understood as being individuals acting for purposes which are unrelated to any entrepreneurial, commercial, small business or professional activities carried on.

In accordance with these regulations, in the event of distance selling (online purchasing) the consumer is entitled to withdraw from the agreement, without payment of any penalty and without providing any reasons, within 14 (fourteen) business days of the day on which the agreement is entered into, in other words from the day on which the seller receives confirmation of the order for purchasing goods or services.

In order to exercise the right of withdrawal, Talent Garden’s Clients who are classifiable as consumers and who have purchased a Talent Garden Product must therefore, by the time limits referred to above, inform Talent Garden of their decision to exercise their right of withdrawal by means of a clearly stated declaration.

The Client may communicate the clearly stated declaration of intent to withdraw by means of the specific APP feature. In such cases Talent Garden shall promptly send to the Client confirmation of receipt of notice that the right of withdrawal has been exercised, at the email address indicated by the Client during registration on the Platform.

Alternatively, the consumer may also use a standard declaration of withdrawal, sent by means of certified email to the address talentgarden@pec.it, but this is not mandatory. The notice must in all cases contain the following minimum information:

• a clearly stated declaration to the effect that the consumer wishes to exercise the right of withdrawal in accordance with the Consumers Code;
• the Order number to which the withdrawal refers;
• the consumer’s data (name and surname, email address).

Given that in accordance with the Law, the burden of proof with regard to exercising the right of withdrawal lies with the consumer, Talent Garden advises its Clients to use the form on the Platform which already includes a notice of receipt.

Should the right of withdrawal be exercised in accordance with the aforementioned provisions, within 14 (fourteen) business days of the dates on which the notice of withdrawal is received, Talent Garden shall return to the Client all payments received for the Order to which the withdrawal refers, using the same means of payment used by the Client for the initial transaction.

It is agreed that if the Client has already used Talent Garden’s Product relating to the Order during the 14 business day cooling off period, where allowed by the type of Product purchased, the Client may exercise its right of withdrawal within this period of time, but shall be required to pay an amount which is proportional to the Product already used, until such time as notice of withdrawal is received.