RETURN CONDITIONS

This "Return Conditions" page summarizes and governs the withdrawal and return policy of "Customers" or "Buyers" of the Products on the www.theapartmentcosenza.com Website as also governed and defined in the "General Terms and Conditions of Sale" of the aforementioned Website.

1.1 Terms defined with a capital letter shall have the same meaning as the terms defined in the General Terms and Conditions of Sale in the appropriate section of the Site. In the event of any discrepancy between these Return Conditions and the General Terms and Conditions of Sale, the latter shall prevail. Terms defined in the plural take the same meaning in the singular depending on the context and vice versa.

 1.2 The Customer according to Article 3 of Italian Legislative Decree No. 206/2005 ("Italian Consumer Code") is understood as a consumer, when it is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, on the basis of Orders (as defined in the General Terms and Conditions of Sale) submitted electronically through the Site after registration, may: a) purchase the Products, concluding through the same the relevant Contract ("Online Purchase"). These Return Conditions govern only and exclusively the Online Purchase.

1.3 TERMS, CONDITIONS AND MANNER OF WITHDRAWAL - RETURN

• a) Unless otherwise expressly desired by The Apartment to admit the right of withdrawal - return also to non-Consumer Customers, in accordance with the provisions of the Consumer Code, the Buyer who qualifies as a consumer under the Italian Consumer Code has the right to withdraw from the Contract, without the payment of penalties and without the need to specify the reasons, from the receipt of the order confirmation sent by The Apartment and within the period of fourteen (14) days from receipt of the Product. The right of withdrawal - return is, therefore, recognized, unless otherwise desired by The Apartment, only to the Customer who qualifies as a consumer as and in accordance with the provisions of these Return Conditions. 

• b) The Product must, however, be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by its packaging (which, in case it bears the INCI indication of the Product, constitutes an integral part of the Product itself) of all accessories, leaflets, identification tags, labels and the disposable seal, if any, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It may therefore not be exercised in relation to parts and/or accessories of the Product, subject to the provisions of 1.3. letter B. number vi. letter f. below in relation to Kits and Caskets.

A) TERMS OF WITHDRAWAL – RETURN

• a) If the Buyer wishes to avail himself of the right of withdrawal, he shall, within the aforementioned period of 14 calendar days from the date of delivery of the Product (the "Withdrawal Period"), send it to The Apartment in accordance with the instructions provided in the General Terms and Conditions of Sale and those set forth below.
• b) In the event of the exercise of the right of withdrawal, the Buyer shall, in addition, be obliged to return the Product to The Apartment no later than 14 calendar days from the exercise of the right of withdrawal e. from the sending to it of the Online Withdrawal Form and/or the Declaration of Withdrawal as explained and defined below (the "Return Period").
• c) Therefore, please note that the Customer can be considered to have exercised his or her right of withdrawal if he or she has complied with the Withdrawal Period, that is, if the notice regarding the exercise of this right is sent within 14 days of receipt of the Products.
• d) Also, please note that the 14-Day Return Period is met if the Customer returns the Products before the expiration of the Return Period in accordance with the conditions set forth in these Return Conditions and otherwise of the General Terms and Conditions of Sale to the address provided by Customer Service.

B) CONDITIONS OF WITHDRAWAL – RETURN

• a) An essential condition for the exercise of the right of withdrawal will be the substantial integrity of the product to be returned. It is sufficient, however, if the Product is returned in the exact state of preservation of how it was delivered to the Buyer by The Apartment, insofar as it was kept and possibly handled with the use of good and normal diligence.
• b) Specifically, the Products must be returned in the following condition:

• i. properly packed in their original packaging, in perfect resale condition (not ruined, damaged or soiled) and equipped with any accessories and documentation including labels;
• ii. equipped with the shipping document and/or invoice and/or proof of purchase (if any) included in the original packaging, so also to allow The Apartment to identify the Buyer as e.g. Order number, first name, last name and address and purchase;
• iii. without manifest signs of use, other than those consistent with conducting a normal trial of the Product. The Products shall bear no evidence of use in excess of the time required for a trial and shall not be in such condition as to prevent resale;
• iv. the Products must be returned in the original packaging with the original accessories, components and illustrative materials. They must also be properly packaged in the same manner in which they were received;
• v. if the Buyer is not sure to keep the purchased Product it is possible to prove it provided that the conditions set forth in these Return Conditions and in particular and in any case in the General Terms and Conditions of Sale and more particularly in the preceding Articles 1.1., 1.2. those set forth in this Article 1.3. letter B. point b) numbers i., ii., iii. and iv. above, and in this Article 1.3. in general are met;
• vi. in addition, the Products shall be returned by the Purchaser who intends to return them in accordance with the terms of evidence set forth below by way of example but not limited to:

• a. clothing: clothing must not have been worn, washed or altered and must not show any signs of use;
• b. footwear and accessories: must be returned undamaged together with their original box equipped with all further accessories contained therein (e.g. dustbag, wrapping paper and further items contained therein) as an integral part of the Product and which must not have been damaged and/or altered in any way, nor used as the only outer packaging. The soles of the footwear must be in perfect condition with no marks of any kind. If you are unsure about keeping the Product, you may try them on a carpet or soft surface. Footwear and accessories must be returned without any marks or defects;
• c. underwear and beachwear: swimwear and undergarments and similar items (bikinis, briefs, boxers etc.) must be tried on over one's personal underwear. Returns/exchanges will be refused and sent back to the customer in case the Products show signs of use. In case of presence each Product must be tried on without removing any protective sticker as well as with one's own personal underwear; 
• d. Products in the Beauty & Home section: must be returned in perfect condition and free of any damage, scratches and/or dents. If an item in the Beauty & Home area is found to be damaged upon delivery, please contact contact@theapartmentcosenza.com to receive any appropriate instructions. The Apartment reserves the right to request photographic evidence before authorizing any return of defective merchandise. Skincare, cosmetics or hair products must be returned unused, unopened and in their original packaging. Fragrances, nail polishes, candles and sprays in general cannot be returned due to transportation restrictions; Article 8.8. letters c), d) and e) of the General Terms and Conditions of Sale and in any case Article 1.8. letters c), d) and e). below of these Return Conditions shall apply;
• e. any electronic devices cannot be returned or exchanged if removed from their packaging;
• f. it should be noted that in the event that the order has as its object a kit of pieces ("Kit") or a box set containing several pieces ("Box Set"), the Product consists of the Kit and/or the Box Set as a whole, as the packaging of the Kit or Box Set contains information that is mandatory by law, such as by way of example the lot number and the INCI (INCI means "International Nomenclature of Cosmetic Ingredients", i.e. the indication of the ingredients of the product). It follows that the right of withdrawal may be exercised only with reference to the entire Kit and/or Casket and not in relation to individual pieces in the same contained.

C) MODE OF WITHDRAWAL – RETURN

• a) In order to exercise the right of withdrawal, the Customer must inform The Apartment in the terms and conditions indicated and contained in these Return Conditions and in any case in the General Terms and Conditions of Sale and in particular in Articles 1.1., 1.2. above and in this Article 1.3. by following one of the following methods:

• i. The Apartment offers the user/Customer the opportunity to exercise withdrawal online by completing and submitting a special form ("Online Withdrawal Form") electronically by accessing the site Theapartmentcosenza.com following the guided procedure made available to him as follows: by clicking on the following link:  https://www.theapartmentcosenza.com/en-XX/policy/guestreturn
  and clicking in the "Return Form" section. Having completed the return form, The Apartment will promptly send to the Customer, by e-mail, an acknowledgement of receipt of the request for withdrawal and instructions for exercising the withdrawal.

• ii. by writing to contact@theapartmentcosenza.com and/or WhatsApp number +39 388 9341174 and/or via the Chat button on the Site i.e. The Apartment's Customer Service by submitting any other explicitly requested statement of its decision to return one or more purchased Products (the "Withdrawal Statement).

• iii. Without prejudice to the hypothesis of sending the On Line Withdrawal Form, as a Declaration of Withdrawal, the Customer may optionally use the standard, non-mandatory withdrawal form set forth in Annex I of Italian Legislative Decree No. 21 of February 21, 2014, available at this point iii. below made available. In the event that the Customer chooses said option, the notice of withdrawal may be sent by postal service to the following address or by e-mail to: contact@theapartmentcosenza.com and/or WhatsApp number: +39 388 9341174, or it must be sent by mail to the address: The Apartment S.r.l. c/o Customer Service -  Via Carlo Cattaneo, 80/A -  87100 Cosenza (CS)

"Standard withdrawal form"

- Pursuant to Article 49, paragraph 1, letter h) of Legislative Decree No. 206 of September 6, 2005 (complete and return this form only if you wish to withdraw from the contract)

The Apartment S.r.l.

Address The Apartment S.r.l. Via Carlo Cattaneo, 80/A - 87100, Cosenza

email address: contact@theapartmentcosenza.com

- I/we (*) hereby give notice of termination of my/our (*) contract of

Sale of the following goods/services Order No. (*)

- Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of the consumer(s) (only if this form is notified in paper version)

- Date

(*) Delete unnecessary wording.";

• b) For better management of the withdrawal and return, the Customer is invited to indicate in the Withdrawal Statement the Order number, the Product(s) for which the Customer intends to exercise the right of withdrawal and Customer e-mail Please note that since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period is on the Customer, it is in the Customer's interest to use a durable medium when communicating to The Apartment.

1.4 INSTRUCTIONS, SHIPPING, CHARGES AND COSTS IN CASE OF WITHDRAWAL – RETURN

a) INSTRUCTIONS

• i. Subject to compliance with the foregoing, communicated the Online Whithdrawal Form and/or the Declaration of Withdrawal, The Apartment's Customer Service will provide directions so that the return shipment can be arranged and the package containing the returned Products can be picked up.
• ii. The Customer must arrange to return the Products to The Apartment according to the instructions received from The Apartment.
• iii. Once the return has been authorized by The Apartment's Customer Service, the Customer will receive via e-mail the waybill to be applied directly to the package and for non-EU countries the customs documentation to be handed to the courier at the time of shipment.
• iv. In any case, the Customer is asked to indicate on the outside of the package with which he makes the return, the number of the Order, also by application of the waybill, for which he exercises the right of withdrawal, in order to a more efficient handling of the file.
• v. The Customer can schedule the pickup on the day they most desire, or they can choose to go to any DHL point and drop off the package.

b) EXPENSES, COSTS CHARGES IN CASE OF RETURN - WITHDRAWAL 

• i. Except for returns for defective Products or shipping errors, all expenses, including transportation, taxes, fees, charges, import and/or export duties, and costs of returning Products in general shall be borne by Buyer. The return of Products shall be at the responsibility and expense of the Customer.
• ii. The shipping costs made available to The Apartment with its own arrangements for better return handling and efficiency vary depending on the country of delivery and are:

ITALY

Return shipping cost: € 10

EUROPEAN UNION COUNTRIES

Return shipping cost: € 25

NON-EU EUROPEAN COUNTRIES

Return shipping cost: € 35

UNITED KINGDOM

Return shipping cost: € 30

UNITED STATES OF AMERICA

Return shipping cost: € 40

ASIA

Return shipping cost: €50

REST OF THE WORLD

Return shipping cost: € 60

Please note: Any incidental expenses, fees, taxes and charges including customs charges for shipping and/or export and/or import related to the return will be deducted from the refund. 

• iii. The Apartment recommends that all returns be shipped via the carrier listed above using the services provided by The Apartment Customer Service. If you wish to use a carrier other than the one indicated by The Apartment, you will be responsible for all shipping costs and an additional charge of 10% of the total value of the returned Products will apply. 

1.5 REFUND

• a) Upon receipt of the returned Product(s), The Apartment will proceed, upon verification of compliance with the return/return conditions, to refund the total amount due, including the delivery costs of the purchase if applied at the time of purchase, or, in the case of partial withdrawal from multiple Orders, the partial amount due, excluding delivery costs, if applicable, as set forth in Article 6.3. of the General Conditions of Sale, no later than 14 days from the day the Product(s) were returned to The Apartment and without prejudice to the conditions set forth in these Return Conditions.
• b) Unless The Apartment has expressly agreed otherwise, the refund will be made in the same form in which payment was made in the manner set forth in Article 5.1. of the General Terms and Conditions of Sale. In any event, the Customer shall incur no costs as a consequence of such refund, except for any transaction costs, without prejudice to the incurrence of all costs and charges for the return of the Products. The Apartment may, at its sole discretion, suspend the refund until receipt of the Products subject to withdrawal or until Customer has demonstrated that it has returned such Products, whichever is earlier.

1.6 PRODUCT CHANGE

• a) In case of exercising the right of withdrawal, unless otherwise specified by The Apartment, it is not possible to directly replace the chosen Product with another one; in order to purchase a new Product, the Customer will have to place a new and separate order from the previous one. It is the right of The Apartment to agree, in lieu of the return of the Product and only for Orders within the European Union and for one time only, to a size change of the Product purchased. The instructions for the size change of the ordered Product, where available, will be provided, after Customer's contact with The Apartment's Customer Service at the addresses indicated above, by the aforementioned Customer Service of The Apartment.

1.7 DECREASE IN PRODUCT VALUE

• a) In the event that the product is not returned in accordance with these Return Conditions and otherwise with the General Terms and Conditions of Sale, The Apartment reserves the right not to accept the return or, alternatively, to reduce the amount of the refund or exchange.
• b) In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than what is necessary to establish the nature, characteristics and functioning of the Product, the refund amount may at the discretion of The Apartment be reduced by an amount equal to this decrease in value. Of the circumstance and the resulting diminished refund amount, The Apartment will notify you within 7 business days of receipt of the Product, providing you, if the refund has already been paid, with the bank details for payment of the amount owed by you due to the diminished value of the Product.
• c) The Customer shall be liable for any diminution in the value of the Products resulting from any handling of the Products other than that necessary to establish the nature, characteristics and operation of the Products. Returned Products must be returned in accordance with the provisions of the General Terms and Conditions of Sale and these Return Conditions.
• d) Therefore, without prejudice to the cases provided for by Article 8. letters c), d) and e) of the General Terms and Conditions of Sale and by the following Article 1.8. letters c), d) and e) and in general by Art. 59 of the Italian Consumer Code, in which the right of withdrawal does not apply and/or ceases to apply upon the occurrence of certain circumstances, and, in which, therefore, no refund is due to the Customer, in the - various - cases in which the right of withdrawal applies, if the Product for which the right of withdrawal has been exercised has been opened, given the type of Products, it is assumed that the Product being no longer able to be put up for sale, has suffered a decrease in value of 50% and, consequently, the refund amount will be reduced by 50%, without prejudice to The Apartment's right to deduct from the refund amount even a greater amount, in the event that greater than 50% results in the decrease in value suffered by the Product as a result of improper handling of it. In accordance with Article 8.3. of the General Terms and Conditions of Sale and Article 1.3. above of these Return Conditions, in the event that the withdrawal concerns Caskets and/or Kits, as the Product consists of the Kit or the Casket as a whole, if even one of the pieces within the Casket and/or Kit is opened, the minimum 50% decrease in value will be applied to the entire Casket and/or Kit.

1.8 EXCLUSION OF THE RIGHT OF WITHDRAWAL - RETURN

• a) In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and these Return Conditions and in any case the General Terms and Conditions of Sale, it will not result in the termination of the Contract and, consequently, will not entitle to any refund. The Apartment will notify the Customer within 7 working days of receipt of the Product, rejecting the request for withdrawal/return. 
• b) The Apartment reserves, therefore, the right to refuse those returns not authorized and/or not sent according to the return policy set forth in these Return Conditions and otherwise in the General Terms and Conditions of Sale. In the case of unauthorized returns or returns that do not conform to the standards set forth, the Product will remain at The Apartment at the Customer's disposal for collection, which must take place at the Customer's own expense and responsibility and/or sent back by The Apartment to the Customer at The Apartment's sole discretion without prejudice to the fact that costs, expenses and charges of any kind will remain the responsibility of the Customer.
• c) The Apartment reserves the right to reject return/exchange requests for which all conditions set forth in these Return Conditions and/or General Terms and Conditions of Sale have not been met and those returns not authorized and/or not sent in accordance with the above return policy. Failure to comply with the latter will result in The Apartment's right not to accept the exchange/return and the Products will remain in the warehouse available to the Customer for pickup or returned with shipping and consequent costs and/or charges at its expense. Therefore, if the terms and conditions for the exercise of the right of withdrawal, as specified in these Return Conditions, are not complied with, the Customer shall not be entitled to a refund of the sums already paid to The Apartment; however, the Customer may re-obtain, at its own expense, the Products in the state in which they were returned to The Apartment.
• d) However, the right of withdrawal for Contracts concluded on the Site is excluded in accordance with Article 59 of the Italian Consumer Code with respect to:

• i. the provision of sealed Products that are not suitable for return for hygienic or health protection-related reasons and have been opened after delivery; 

• ii. the provision of goods that are likely to deteriorate or expire rapidly; 
• iii. the supply of custom-made or clearly customized goods at the express request of the buyer at the order stage;
• iv. unless otherwise desired by The Apartment, the right of withdrawal may also not be exercised in the case of "special orders," i.e., Products specially ordered by The Apartment specifically for the Customer; and
• v. Christmas packages.

• e) The Customer is reminded that the right of withdrawal is excluded in the cases referred to in Article 59 of the Italian Consumer Code and, in particular, with regard to contracts concluded through the Site, in relation to the supply of (i) custom-made or clearly personalized goods; (ii) goods that are likely to deteriorate or expire rapidly; (iii) sealed goods that are not suitable to be returned for hygienic reasons or related to the protection of health and are opened after delivery (e.g.: creams, sunscreen and cosmetic products in general, perfumes,). The delivery of a cosmetic product is considered opened if the package containing it is opened. The supply of a perfume is considered opened if the cap of the bottle containing the perfume is removed. The supply of a cream, sunscreen, or any other cosmetic is considered opened if the package containing it is opened.
• f) However, it remains the right of The Apartment to accept the request for withdrawal even for Products excluded from this right, if in its sole discretion it deems it appropriate for justified reasons.
• g) Customers should note that The Apartment constantly monitors the number of returns made: frequent returns that do not comply with these Return Conditions will be flagged. The Apartment reserves the right to terminate the account or not complete future orders of Customers who continue to violate these Return Conditions and the general conditions of use of the Site found in the "Terms & Privacy" section of the Site.
• h) In the event of non-compliance by the Buyer with the conditions set forth in these of the General Terms and Conditions of Sale, The Apartment reserves the right to deduct from the refund of the sums paid by the Buyer an amount corresponding to the decrease in value of the returned Products, giving appropriate notice to the Buyer. Following such notice, the Buyer shall retain the right to re-obtain, at its own expense, the Products in the state in which they were returned to The Apartment.

• 1.9 For all aspects not specifically expressed, please refer to the European Distance Selling Regulations and the Consumer Code.
• 1.10 This Return Conditions are governed by Italian law and, therefore, shall be interpreted and executed in accordance with it, for all that is not established and provided for herein, please refer to the Italian regulations on distance selling.
• 1.11 In the event of a disservice or dispute between The Apartment and a user/Customer, we guarantee as of now our participation in an amicable conciliation attempt that the Customer for any dispute can use via online platform provided by the European Commission for out-of-court alternative dispute resolution (so called ODR platform), accessible on the website at the following link https://webgate.ec.europa.eu/odr which allows to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in an amicable and safe way.
• 1.12 In case of any discrepancy between the Italian language version of these Return Conditions and the English language version, the Italian language version shall prevail.