FAQ ONLINESHOP

E-Commerce is an English term that stands for "Electronic Commerce," which refers to electronic trade.
It is part of E-Business and generally involves advertising, buying, and selling goods and services over the Internet. A typical example of E-Commerce is online shopping.
1.1. Legal regulations
The legal updates introduced with the entry into force of Directive 2011/83/EU on consumer rights on June 13, 2014, at the European level, constitute the regulatory framework governing online commerce and amend articles 45-67 of the Italian Consumer Code (Legislative Decree 206/05).
This section deals with so-called distance contracts, which are concluded without the physical presence of the parties.
ATTENTION: The law on distance contracts applies only to contracts concluded between a company and a consumer (i.e., transactions between a business and an end consumer), but it does not apply to contracts between private individuals or between companies!
This information is particularly important if the online buyer intends to exercise their right of withdrawal and warranty concerning an online purchase from private to private (as usually happens on sales platforms).

Before making a purchase online, it is advisable to carefully examine the website: Does it contain the company's contact details (postal address, telephone number, email address) and the general terms and conditions of sale (GTC)? If not, it is advisable to avoid the purchase. It is also recommended to carefully read the GTC: Do they contain information about payment, the right of withdrawal, and the legal and contractual warranty? If not, ask the company for information. If you do not receive a response or an unsatisfactory response, think twice before making the purchase. Also, compare the prices of the desired item with those on other websites beforehand.
Be cautious about particularly attractive offers: Usually, companies do not give away anything for free! You could receive an invalid or counterfeit product.
Before making the purchase, search for the company's name on Internet search engines.
Often, you will find reviews from other users who share their positive and negative experiences with the seller.
Additional tips/information are available in the chapter "Tips for Safe Online Shopping."

If the activation of a button by mouse click is necessary for the order, this button must be clearly visible with the label "purchase for payment" or a similar clear wording; otherwise, the consumer will not be contractually bound. With this click, the buyer commits to purchasing the product or service and is therefore also obligated to pay.
ATTENTION:
The contract is already binding for the consumer with the click on the "Buy" button (or similar), even if the payment has not yet been made. For example, in the case of credit card payment, the card details are often entered only after the order is completed. If this payment process is interrupted for any reason, e.g., because the entered data is not accepted or considered correct, it does not mean that a valid contract has not been concluded. In such a case, it is advisable to immediately contact the seller!
ATTENTION:
The law does not necessarily require immediate order confirmation.
This can only happen upon delivery of the goods. Therefore, you should not assume that the contract has not been concluded in the absence of an order confirmation since the contract is already valid with the click on the "Buy now" button or similar, and therefore the obligation to pay is also in place.

In general, it is possible to pay before or after receiving the goods: while it is understandable that consumers prefer to pay after receiving the goods, most sellers prefer advance payment. Often, payment after delivery of the goods is not possible.

Keep in mind that the contract is already valid with the click on the "Buy" button (or similar), even if the payment only occurs after delivery of the goods.
A company cannot charge the consumer for the use of payment instruments that exceed the costs incurred by the company for using such payment instruments.
Now, we briefly present some of the best-known and most popular payment methods on the Internet:

a) Credit card
Payment is made by providing the credit card number, holder's name, expiration date, and security code. Unlike prepaid credit cards, the numbers on a classic credit card are embossed.
Payment by credit card offers the possibility of the so-called "Chargeback." What is it?
The "Chargeback" is a refund of money to the consumer by the credit card issuer. The consumer can contact their bank and the credit card company to request the cancellation of the charge and the refund of the money in case of unauthorized or incorrect charges (e.g., credit card abuse, duplicate charge of the amount, charge of a higher amount).
In Italy, Legislative Decree No. 11/2010 provides that the holder, as soon as they become aware that a charge has been made unauthorized or incorrect, must immediately contact their bank and the credit card company. In any case, this must be done within 13 months from the date of the charge.
But even if the goods have not been delivered, the "Chargeback" is a tool that allows you to quickly obtain a refund of the money without having to chase after it. Even if the seller suddenly becomes insolvent, you should try to file a "Chargeback" request.
Since credit card data is sensitive, it should only be provided on trustworthy websites. Credit card data must be transmitted only through a secure connection, recognizable by the "https://" or the lock at the bottom right of the screen.
Regularly check your account statements to verify unauthorized charges and, if necessary, immediately contact your bank and the credit card company.

IMPORTANT: In case of loss or theft of the card, it must be blocked immediately, as it could be misused! Prepaid credit card
Prepaid credit cards work like a classic credit card, with the difference that you can only use the balance loaded on the card.
The advantage over credit cards is that the abuse is limited to the amount available on the card. Therefore, it is advisable to load only a limited amount on the card.
Also, with prepaid credit cards, the "Chargeback," i.e., the refund of money to the consumer, is possible. However, in this case, the procedure is more complicated, and the refund is not always guaranteed. In addition, there is usually a cost borne by the consumer.

b) Cash on delivery
Payment is made in cash upon delivery of the goods to the delivery address. This has the advantage that if the right of withdrawal is exercised before the delivery of the goods, there is no need to worry about refunding the money. The disadvantage is that, at the time of delivery of the goods, it is necessary to be at home and have cash. Cash on delivery is often more expensive and is often not even possible.

c) Bank transfer
Payment by bank transfer takes place at the bank counter or via home banking. For an international bank transfer, you will need two codes: the IBAN (international account number) of the beneficiary and the BIC code (also known as SWIFT) of the beneficiary's bank. Pay particular attention to the accuracy of the data, especially the IBAN, as you (and not the bank) bear the risk in case of incorrect data. For example, if the money sent is credited to the wrong beneficiary due to an incorrect IBAN, it may no longer be possible to recover the money.

ATTENTION:
An IBAN number does not necessarily have to correspond to a bank account,
as it could also be associated with a prepaid card whose holder may not be identifiable. It may be helpful to verify an IBAN number through a website such as www.ibancalculator.com to find out if the data can be clearly associated with a bank account. Also, it is necessary to keep in mind that, with a bank transfer, you usually do not have the possibility to obtain a refund if you have fallen victim to a fraud.
TIP: For transfers to countries outside the EU, it is advisable to inquire in advance at your bank about the fees applied to avoid costly surprises.

d) Invoice
With this payment method, payment is made after receiving the goods; the invoice is usually attached to the goods. Since the risk is borne by the merchant, often payment in this method is not possible.

e) PayPal
PayPal is a company that operates an online payment service of the same name. Until July 2015, it was a subsidiary of eBay.
If you want to pay via PayPal, you will first need to create a PayPal account and provide your bank account or credit card details. The actual payment is made via email address and password. Enter both, and PayPal will receive the order to debit the money from the bank account or credit card and transfer it to the seller.
Since no account or credit card information is exchanged with the seller with this payment method, there is a lower security risk. PayPal Purchase Protection: The buyer can claim it if they have not received the goods or if the goods do not correspond at all to the description. If a PayPal Purchase Protection claim is accepted, PayPal refunds the buyer the purchase amount, including shipping costs.

ATTENTION:
PayPal Purchase Protection does not cover, for example, gift vouchers, motor vehicles, industrial machinery, custom-made items. For detailed information on Purchase Protection, visit the PayPal website.

The seller must deliver the goods or service within 30 days of the order, unless another delivery period has been agreed upon. If the seller does not meet the deadline, the consumer must ask them to deliver within an additional period appropriate to the circumstances. If this period also expires without the goods or service being delivered, the consumer can withdraw from the contract and has the right to compensation for damages.
If the company explicitly refuses delivery or it is an essential deadline (e.g., a wedding dress for the wedding date), the consumer is not required to grant a new period; in these cases, they can immediately withdraw from the contract and have the right to compensation for damages.
After receiving the goods, it is necessary to immediately check them for completeness, correctness, and functionality. If something is missing, there is something wrong, or the goods are defective, the consumer must immediately complain to the seller, preferably by registered letter with return receipt. Detailed information on the warranty can be found in the "Warranty" chapter.
If the goods are already damaged at the time of delivery, have the courier confirm it in writing, and accept the goods "with reservation" (write it down on the supplier's delivery receipt) or refuse the delivery altogether. Always indicate the reason for the reservation or refusal (e.g., "damaged package"). You are not obligated to accept damaged goods. Document the defects with photos and/or video recordings.
Especially if you have ordered fragile items, accept them with reservations, even if the packaging looks perfect from the outside; sometimes damages caused during delivery are not visible from the outside. Otherwise, you may have difficulties when making a claim to the seller.

TIP:
Document the unpacking, especially for fragile items, with photos and/or video recordings; this way, you will have evidence in case of disputes.
Transfer of risk during delivery (Art. 63 of the Consumer Code) The risk of loss or damage to the goods passes to the consumer only when they or a third party designated by them physically takes possession of the goods.
Delivery of unordered goods Article 66 - quinquies of the Consumer Code provides that the seller is not allowed to provide goods or services for payment without having received an order from the consumer to that effect. For such goods or services, the consumer is not required to pay. The absence of a response can never be considered as consent!
Delivery of wrong goods Furthermore, the provider cannot provide goods or services other than those ordered, unless the buyer explicitly agrees before or at the time of concluding the contract. This also applies if the goods or service are of equal or higher value.

 

 

 

ATTENTION:

The proof of the actual receipt of the declaration

lies with the consumer! Therefore, it is important to obtain

an automatic receipt confirmation by email. Otherwise,

consider sending a withdrawal declaration by registered letter

with a return receipt. Simply returning the goods without a proper withdrawal declaration will not be considered a valid withdrawal from the contract.

 

 

 ATTENTION:

This exclusion refers, among other things, to

hotel reservations often made online and

the purchase of tickets for events! This means that you cannot cancel a hotel reservation made online for free within the 14-day period, unless the hotel offers you this possibility.

The above-mentioned list also includes public auctions as a reason for exclusion.

 

The warranty has been regulated at the European level by the European Directive 44/1999/EC and implemented in Italy with the Consumer Code (Articles 128-135). The warranty has a minimum duration of 2 years throughout the European Union (in some Member States, even longer) and must be requested from the seller.
Unlike the contractual warranty, it is not a voluntary performance by the manufacturer but constitutes an inalienable right. This means that a clause in a contract that excludes or limits the right of warranty (e.g., to 6 months) is null and void. The invalidity can only be invoked by the consumer and must be declared ex officio by the judge (Art. 134 of the Consumer Code).
What does the warranty cover?
The warranty covers consumer goods, i.e., tangible movable goods, with the exception of:
– goods sold as a result of forced execution or other judicial measures;
– water and gas when not packaged in limited quantities or a predetermined amount;
– electricity.
When and how must the defect be communicated?
The Italian legislator provides that the defect must be communicated in writing to the seller (by registered letter with return receipt) within 2 months from the discovery. If the defect occurs within the first 6 months from delivery, it is presumed that the goods were defective at the time of delivery. In this case, it is the seller who must prove that the defect did not exist at the time of delivery.
If the defect occurs after the first 6 months, it is up to the consumer to prove that the defect is not due to improper or incorrect use (reversal of the burden of proof).
The proof, especially outside of court proceedings, is usually very difficult and can usually only be provided by an expert, whose report naturally entails considerable costs.

ATTENTION: However, in practice, the consumer usually has to grant the entrepreneur two attempts at repair before requesting the replacement of the goods.
How long can the repair take?
The Consumer Code (Art. 130) provides that the repair must be carried out within a "reasonable period"; the same applies to the replacement of the goods. Of course, this is a very vague deadline, which leaves a lot of room for different interpretations between the consumer and the entrepreneur. For this reason, in case of long waiting times, it is advisable to request a written return date or a date for the replacement of the goods.

Does the consumer have to pay anything for the repair?
Art. 130 of the Consumer Code expressly states that the consumer cannot be charged for shipping, labor, and materials related to the repair.

ATTENTION: Especially in the case of purchases abroad, compliance with free transport can be very difficult to obtain.
When can the consumer request an appropriate price reduction or the termination of the contract?
– When repair or replacement is impossible or excessively burdensome;
– When the seller has not carried out the repair or replacement within a reasonable period;
– When repair or replacement has caused the consumer unbearable inconvenience.
How does the warranty work for used goods?
In this case, the duration of the warranty in Italy is at least 1 year, unless otherwise agreed by the parties, as is generally the case in practice (Art. 134). Regarding the deadline to report the defect and the reversal of the burden of proof, the same rules provided by the legislator for new goods apply.

IMPORTANT: Carefully keep the receipt or invoice (better if you make a copy) so that you can demonstrate the date of purchase and thus assert your warranty right; furthermore, the receipt contains information about the seller and the purchase price. If you paid for the goods with a debit card or credit card, you can also demonstrate the date of purchase through the debit card or credit card receipt or the bank statement.

ATTENTION: The right of warranty applies only to so-called "consumer contracts," i.e., contracts concluded between a company and a consumer!