Right of withdrawal

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Right of withdrawal

1. In accordance with Article. 64 et seq. of Legislative Decree no. 206/2005, if the customer is a consumer (i.e. a person who buys goods for purposes not related to his professional activity, or does not make the purchase indicating in the order form a reference to VAT), has the right to terminate the purchase contract for any reason within 30 days of receipt of goods, without penalty and without prejudice to what is stated in paragraph 3 below.

2. To exercise this right, the customer must enter a request for Withdrawal in which it will be necessary to indicate the bank details needed to return the sums paid; the system will send an email to the customer with a paper form that must be printed and sent by registered letter with acknowledgment of receipt (within 14 days from the date of receipt of the goods) to: Openapi SpA based in Piazza San Giovanni Decollato 6 - 05100 Terni. Upon receipt of the registered letter, we will send by email to the customer the form to exercise the right of withdrawal with an authorization number that must be attached to the outside of the casing in which the product will be physically placed and then sent to Openapi SpA.

3.  The right of withdrawal is subject to the following conditions:

- the right applies to the product purchased in its entirety, it is not possible to exercise withdrawal only on part of the product purchased (eg: accessories, software attachments, etc. ...);

- the right does not apply to renewals of the digital signature (supplier Infocert Spa) because the codes generated and sent automatically after the purchase are assigned automatically and in a non-recoverable way to the user who makes the renewal of the service. The renewal of signature is uniquely associated in our systems to the email and personal data of the customer (in order to ensure the traceability of the product and the user, and not being able to identify in any other way the user of the renewal code). In accordance with art. 64 et seq. of Legislative Decree no. 206/2005 the digital signature renewal product cannot be cancelled because it cannot be sold to another customer;

- the right does not apply for new digital signatures when they have already been assigned to the customer (so the day after the customer sends the signed documentation as required by law, before that time it is always possible to request for withdrawal) because the digital signature, as required by law, cannot be sold or resold to third parties - as it is a handwritten signature;

- the right does not apply in accordance with art. 48 of the Consumer Code, once Openapi SpA has already performed the services requested (e.g. Certificates, digital signature renewals, sms sending, postcards sending);

- shipping costs related to the return of the goods are charged to the customer;

- the shipment, until we get the certificate of receipt in our warehouse, is under the complete responsibility of the customer;

- in case of damage to the goods during transport, we will inform the customer of the incident (within 5 working days of receipt of the goods in their warehouses), to allow him to make timely complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;

Openapi Srl is not liable in any way for damage or theft/loss of goods returned by uninsured shipments.

3.1. In cases provided for by these Conditions and if you declare a negative outcome in the provision of the relevant Service due to the fault of the Customer or third parties, Openapi reserves the right, at its sole discretion, to assign or pay a Bonus to the Customer, the amount of which is determined in accordance with the following paragraph 3.2. However, no Bonus is assigned or paid to the Customer in the event of termination of the Contract due to termination by one of the Parties or its resolution in the cases provided for by these Conditions. The Bonus will be visible to the Customer through their Account.

3.2 The amount of the Bonus is determined by the amount paid by the Client for the Service that was not provided (in whole or in part) by Openapi due to the fault of the Client or third parties (for example, the purchase of a business report not available in the Chamber of Commerce, renewal of a signature with incorrect device, etc.), net of the commission for the management of the relevant procedure, equal to 10% of that amount and the expenses incurred by Openapi. The Bonus thus determined can be used by the Client, within 12 months from its assignment as Credit, to purchase other Services, subject to any limitations contained in these Conditions and/or specific agreements between the Client and the Provider.

3.3 The amount corresponding to the Bonus assigned or the Credit will be definitively acquired and collected by Openapi if the Customer has not used them to purchase Services within 12 months from the assignment of the Bonus or from the establishment of the Credit. In such cases, the Customer acknowledges and accepts that they will no longer be able to use the Bonus or the Credit, nor claim the return of the corresponding amount.

4. Except for any repair costs in case of damage already existing in the original packaging, the customer will be refunded the amount already paid for the purchase of the goods, within 14 days of its return, through the transfer procedure of the amount charged to the credit card or by bank transfer. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain the refund (IBAN code and Bank of the invoice holder).

5. The right of withdrawal is totally forfeited, for lack of the essential condition of integrity of the goods (packaging and / or its content), in cases where it is ascertained:

- the lack of the external packaging and/or the original internal packaging;

- the absence of integral elements of the product (accessories, cables, manuals, parts etc.);

- the damage of the product for causes other than its transport.

6. The Client, whether qualified as a "consumer" within the meaning of Article 3 of Legislative Decree no. 206/2005 (the "Consumer Code"), which refers to a natural person who acts for purposes unrelated to his or her business or professional activity, or not qualified as a "consumer", shall always have the right to withdraw from the Contract at any time, without any penalty and without stating the reasons, by sending written communication via registered mail with return receipt to Openapi SpA, Piazza San Giovanni Decollato 6 - 05100 Terni.
Notwithstanding the above, it is understood that the right of withdrawal provided for in Articles 52 of the aforementioned Legislative Decree is excluded with regard to contractual constraints arising between the Client and the Provider as a result of the Order Confirmations sent from time to time on the basis of the Order Forms sent by the Client, with the conditions provided for in Article 59 of the aforementioned Legislative Decree applying in this case.
Therefore, once the Order Confirmation has been received, any withdrawal exercised by the Client shall have no effect with regard to Openapi.
The Client may withdraw from the Contract by sending a registered letter with return receipt to Openapi SpA; upon receipt of the withdrawal notice, the Provider shall deactivate the Account with all its contents and shall refund the amount already paid, less the commissions related to the payment method as well as the costs already incurred and/or to be incurred in accordance with Article 1, paragraph 3 of Law no. 40/2007, and any promotional Credit granted.

6.1 Openapi reserves the right to terminate the Contract at any time and without obligation to give a reason, by giving written notice to the Customer with at least 15 (fifteen) days' notice, except in cases where (i) events occur due to force majeure causes; (ii) the Customer is listed in the protest register, has been declared insolvent, or has been admitted or subjected to a bankruptcy procedure; (iii) the Customer has engaged in fraudulent behavior towards Openapi;

In such cases, Openapi reserves the right to terminate the present contract with immediate effect.

After the aforementioned period has expired, the Contract shall be deemed terminated and the Provider may deactivate the Account at any time without further notice and refund the Customer the amount paid, minus the commissions based on the payment method and the expenses already incurred or to be incurred and, of course, any free bonus credit provided.

In any case, any other liability of the Provider for the exercise of the right of withdrawal and/or for the failure to use the Services by the Customer or the consequent right of the Customer to claim any other refund or compensation or damages of any kind is expressly excluded.

6.2 In case the Customer does not request any Services for a period of 12 consecutive months, Openapi reserves the right to withdraw from the contract immediately by proceeding with the cancellation of the Account and its contents, without any right for the Customer to be refunded for any remaining credit at the time of cancellation of the Account.