In accordance with current law and in relation to legislative decree no. 21/2014 that transposed Directive 2011/83/EU, the consumer is protected by the right of withdrawal according to the terms in force.
In relation to the fact that TheSpack products are services provided in digital form, the right of withdrawal is not applied according to article 59 of the Consumer Code below and highlighted in the point in question. The beginning of the use of the service corresponds to the act of downloading the digital product, which therefore makes it impossible both to withdraw and to reconsider.
For all service contracts concluded with Giulia Conciatori and/or Simone Bassani, the exception to point 1 (section (a) and (c)) of art. 59 of the Consumer Code applies, unless agreed in advance.
Art. 59.
Exceptions to the right of withdrawal
1. The right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated outside business premises is excluded in relation to:
((a) service contracts after the full provision of the service but, if the contract imposes on the consumer the obligation to pay, only if the execution began with the consumer's prior express consent and the acceptance of the fact that he will lose his right of withdrawal following the complete execution of the contract by the professional;))
b) the supply of goods or services whose price is linked to fluctuations in the financial market that the professional is unable to control and that may occur during the withdrawal period;
c) the supply of custom-made or clearly personalized goods;
d) the supply of goods that are likely to deteriorate or expire rapidly;
e) the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
f) the supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, whose price was agreed at the time of the conclusion of the sales contract, whose delivery can take place only after thirty days and whose actual value depends on fluctuations in the market that cannot be controlled by the professional;
h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the professional provides services other than those specifically requested by the consumer or goods other than the spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such services or additional goods;
i) the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
m) contracts concluded at a public auction;
n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of execution;
(or) contracts for the supply of digital content through a non-material medium if the execution has started and, if the contract imposes on the consumer the obligation to pay, if:
1) the consumer has given his prior express consent to start the service during the period of the right of withdrawal;
2) the consumer has acknowledged that he has thus lost his right of withdrawal;
3) the professional has provided confirmation in accordance with Article 50, paragraph 2, or Article 51, paragraph 7.))
(1-bis. The exceptions to the right of withdrawal referred to in paragraph 1, letters a), b), c) and e), do not apply to contracts concluded in the context of unsolicited visits by a professional to a consumer's home or excursions organized by a professional for the purpose or with the effect of promoting or selling products to consumers.
1-ter. In service contracts that impose on the consumer the obligation to pay when the consumer has specifically requested a visit by the professional for the purposes
of carrying out repair work, the consumer loses the right of withdrawal after the service has been fully provided, provided that the execution began with the prior notice
express consent of the consumer himself.))