RETURNS, WITHDRAWAL AND REFUNDS
1. Purpose and Scope of Application
This document governs the terms and conditions relating to the right of withdrawal, returns, and refunds for rental and purchase contracts of garments, accessories, and made-to-measure items concluded online through the website www.ilmiosmoking.com (hereinafter the “Website”), operated by Il Mio Smoking, VAT no. 03286450212, e-mail: info@ilmiosmoking.com (hereinafter the “Supplier”).
Contracts concluded through the Website are distance contracts pursuant to Articles 45 et seq. of Legislative Decree 206/2005 206/2005 (“Consumer Code”).
2. Types of Products and Services Offered
The Supplier offers the following categories:
- Standard Rental: garments available in the catalogue, not customized.
- Made-to-Measure/Customized Rental: garments adapted or modified according to the customer’s measurements or requests.
- Acquisto standard: abiti o accessori nuovi o ex-noleggio, non personalizzati.
- Standard Purchase: new or ex-rental garments or accessories, not customized.
3. Right of Withdrawal
The right of withdrawal referred to in Article 52 of the Consumer Code applies only to purchase contracts for goods and not to rental contracts.
- For purchased goods (both standard and customized, within the limits set by law), the consumer has the right to withdraw from the contract within 14 days without providing any reason, except for the exclusions provided by law.
- For rented goods, the right of withdrawal is excluded.
In any case, the Customer is invited to read the specific conditions related to each type of service (rental or purchase) outlined in the following paragraphs.
4. Exceptions to the Right of Withdrawal
In accordance with Article 59 of the Consumer Code, the right of withdrawal does not apply in the following cases:
- Goods made to measure or clearly personalized (Art. 59, letter c));
- Services already fully performed, if the performance has begun with the express consent of the customer and with their acknowledgment of the loss of the right of withdrawal (Art. 59, letter a));
- Goods or services whose price depends on market fluctuations beyond the Supplier’s control;
- Goods returned incomplete, used, washed, or without original tags and packaging.
5. Rental
5.1 Exclusion of the Right of Withdrawal (Art. 59, letter n) Consumer Code)
Standard Rental, Made-to-Measure or Customized Rental
The right of withdrawal is excluded, as these are supplies of goods made or adapted to the customer’s specifications (Art. 59, letter c) Consumer Code).
IMPORTANT: Pursuant to Article 59, paragraph 1, letter n) of the Consumer Code, the right of withdrawal is EXCLUDED for contracts relating to leisure activities if the contract provides for a specific date or period of performance. Customers are expressly informed that the rental of a garment or accessory through this Website falls within this exception.
Our rental service constitutes the exclusive allocation of a physical item (the garment or accessories) for a specific, non-modifiable period, as indicated by the Customer during booking.
Therefore, once the reservation for a specific date has been confirmed and the garment removed from inventory availability for that period, the Customer may not exercise the right of withdrawal pursuant to Articles 52 et seq. of the Consumer Code.
The Customer must therefore carefully verify the accuracy of the selected date before proceeding with payment.
Consequences in Case of Customer Error in Date Selection
If the Customer makes an error in selecting the date and can no longer use the rental for the confirmed date:
- The Company may, at its sole discretion and as a commercial courtesy, offer alternatives such as a credit for future rental or a date change, depending on garment availability and current business policies.
5.2 Return of the Garment at the End of the Rental Period
This section exclusively governs the procedures for returning the garment at the end of the agreed rental period and does not concern the exercise of the right of withdrawal.
The return of the garment is an integral part of the rental service and must take place at the end of the agreed period.
The garment must be returned within the timeframe and according to the methods indicated at the time of order (for example, via home pickup or shipment using the designated courier).
In case of late return or damage to the garment, penalties or charges may be applied in accordance with the General Rental Terms and Conditions.
Failure to comply with the return procedures may result in the charge of the garment’s replacement value.
6. Purchase
6.1 Standard Purchase (Non-Customized)
The customer may exercise the right of withdrawal within 14 days from delivery of the item, provided that the product:
- has not been used, washed, or damaged;
- is returned complete with original labels, packaging, and accessories.
Return shipping costs are borne by the customer, unless otherwise agreed in the contract.
6.2 Made-to-Measure or Customized Purchase
The right of withdrawal is excluded for garments made or modified to measure according to the customer’s requests (Art. 59, letter c) of the Consumer Code).
7. How to Exercise the Right of Withdrawal
Where applicable, the customer may exercise the right of withdrawal within 14 days by sending written notice to:
info@ilmiosmoking.com
📞 +39 349 5915838
The communication must include:
- customer’s full name and contact details;
- order number and date;
- clear statement of the intention to withdraw;
- for products, a declaration that the goods have not been used or damaged.
Sample Withdrawal Form (Optional)
(pursuant to Article 49, paragraph 1, letter h) of the Consumer Code)
Recipient: Il Mio Smoking S.r.l., [full address], e-mail: info@ilmiosmoking.com
I/we () hereby give notice of withdrawal from the sales or rental contract for the following goods/services:
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if submitted on paper):
Date:
() Delete as appropriate.
8. Return of Goods
The customer must return the item within 14 days of notifying withdrawal, unless otherwise instructed by the Supplier.
The product must be returned intact, clean, unused, complete with tags, packaging, and accessories.
The Supplier may refuse the return or reduce the refund in the event of:
- improper use of the item;
- missing accessories or packaging;
- damage due to negligence.
9. Refund
Il Mio Smoking will refund all payments received within 14 days of receiving the returned goods.
Return shipping costs remain the responsibility of the customer.
10. Defective or Non-Conforming Products
In case of defective, damaged, or non-conforming products, the customer must contact customer service within 24 hours of delivery, attaching photographic evidence if available.
- replace the item free of charge;
- offer a partial refund;
- provide a full refund in cases where replacement is not possible.
11. Contacts
Il Mio Smoking
info@ilmiosmoking.com
+39 349 5915838
www.ilmiosmoking.com
2. Governing Law and Jurisdiction
These terms are governed by Italian law.
For disputes between the Supplier and the consumer, jurisdiction lies with the court of the consumer’s place of residence or domicile, pursuant to Article 66-bis of the Consumer Code.
