Returns and Refunds

RETURNS, CANCELLATION, AND REFUNDS

1. Purpose and Scope

This document governs the conditions regarding the right of withdrawal, returns, and refunds for rental and purchase contracts of clothing, accessories, and made-to-measure items concluded online via the website www.ilmiosmoking.com (hereinafter the “Website”), operated by Il Mio Smoking, VAT number 03286450212, email: info@ilmiosmoking.com (hereinafter the “Provider”).

Contracts concluded through the Website are distance contracts pursuant to Articles 45 and following of Legislative Decree No. 206/2005 (“Consumer Code”).

2. Types of Products and Services Offered

The Provider offers the following categories:

• Standard Rental: garments available in the catalog, not customized.

• Made-to-Measure / Customized Rental: garments adapted or modified according to the customer’s measurements or requests.

• Standard Purchase: new or ex-rental garments or accessories, not customized.

• Made-to-Measure / Customized Purchase: garments tailored or modified according to the customer’s specifications.

3. Right of Withdrawal

The right of withdrawal under Article 52 of the Consumer Code applies exclusively to purchase contracts for goods and not to rental contracts.

• For purchased goods (both standard and made-to-measure, within the limits provided by law), the consumer has the right to withdraw from the contract within 14 days without providing any reason, subject to statutory exclusions.

• For rented goods, the right of withdrawal is excluded.

In any case, the Customer is advised to review the specific conditions applicable to each type of service (rental or purchase), as outlined in the following sections.

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 customized (Art. 59, letter c));

• Services already fully performed, if performance began with the express consent of the customer and acceptance of the loss of the right of withdrawal (Art. 59, letter a));

• Goods or services whose price depends on fluctuations in the market beyond the Provider’s control;

• Goods returned not intact, used, washed, or missing original labels and packaging.

5. Rental

5.1 Exclusion of the Right of Withdrawal (Art. 59, letter n) Consumer Code)

Standard Rental, Made-to-Measure / Customized Rental

The right of withdrawal is excluded, as this involves the supply of goods made or adapted to the customer’s specifications (Art. 59, letter c) Consumer Code).

WARNING: Pursuant to Article 59, paragraph 1, letter n) of the Consumer Code, the right of withdrawal is EXCLUDED for contracts for services related to leisure activities when the contract specifies a specific date or period of performance.

Customers are expressly informed that renting a garment or accessory on this Website falls under this exception.

Our rental service consists of the exclusive allocation of a physical item (the garment or various accessories) for a specific and non-modifiable period indicated by the Customer at the time of booking.

Consequently, once the booking for a specific date is confirmed and the corresponding garment is removed from inventory availability for that period, the Customer cannot exercise the right of withdrawal under Articles 52 and following of the Consumer Code.

Customer Responsibility Regarding Date Selection
The Customer must carefully verify the correctness of the selected date before proceeding with payment.

Consequences in Case of Customer Error on the Date
If the Customer selects the wrong 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 credit for a future rental or the possibility of changing the date, subject to garment availability and the commercial policies in effect at the time of the request.

5.2 Return of the Garment at the End of the Rental

This section exclusively governs the procedure 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 occur at the end of the agreed period.

The garment must be returned within the terms and according to the methods indicated at the time of order (e.g., home pick-up or shipment via an authorized courier).

In case of late return or damage to the garment, penalties or charges may apply in accordance with the General Rental Conditions.

Failure to comply with the return procedures may result in a charge equal to the replacement value of the item.

6. Purchase

6.1 Standard Purchase (Non-Customized)

The customer may exercise the right of withdrawal within 14 days from receipt of the goods, provided that the product:

• Has not been used, washed, or damaged;

• Is returned complete with original labels, packaging, and accessories.

Return shipping costs are the responsibility of the customer, unless otherwise specified in the contract.

6.2 Made-to-Measure / Customized Purchase

The right of withdrawal is excluded for garments made or modified to the customer’s specifications (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 notifying in writing to:

Email: info@ilmiosmoking.com
Phone: +39 349 5915838

The communication must include:

• Customer’s full name and contact details;

• Order number and date of conclusion;

• Clear statement of intent to withdraw;

• In the case of products, a declaration that the goods have not been used or damaged.

Optional Withdrawal Form
(Pursuant to Art. 49, paragraph 1, letter h) of the Consumer Code)

Recipient: Il Mio Smoking S.r.l., [full address], email: info@ilmiosmoking.com

Hereby, I/we () notify the withdrawal from the sales or rental contract of the following goods/services:

Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if on paper):
Date:
() Delete as appropriate.

8. Return of Goods

The customer must return the goods within 14 days of notifying the withdrawal, unless otherwise indicated by the Provider.

The product must be returned intact, clean, unused, and complete with labels, packaging, and accessories.

The Provider may refuse the return or reduce the refund in case 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 from receipt of the returned goods.

Shipping costs for the return of goods 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 any photographic evidence.

The Provider may, at its discretion:

• Replace the item free of charge;

• Offer a partial refund;

• Issue a full refund if replacement is not possible.

11. Contacts

Il Mio Smoking
Email: info@ilmiosmoking.com
Phone: +39 349 5915838
Website: www.ilmiosmoking.com

12. Governing Law and Jurisdiction

This policy is governed by Italian law.

For disputes between the Provider and the consumer, the competent court will be that of the consumer’s residence or domicile, pursuant to Article 66-bis of the Consumer Code.