In accordance with current law and in relation to Legislative Decree No. 21/2014, which implemented Directive 2011/83/EU, the consumer is protected by the right of withdrawal in accordance with the applicable terms.
In relation to the fact that the products TheSpack 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 bullet point. The commencement of the use of the service corresponds to the act of downloading the digital product, which therefore makes both withdrawal and reconsideration impossible.
For all service contracts concluded with Giulia Conciatori and/or Simone Bassani , the exception in point 1 (section (a) and (c)) of Article 59 of the Consumer Code applies unless prior agreements are made.
Art. 59.
Exceptions to the right of withdrawal
1. The right of withdrawal under Articles 52 to 58 for distance and off-premises contracts is excluded with respect to:
((a) service contracts after the service has been fully performed but, if the contract imposes an obligation on the consumer to pay, only if performance has begun with the consumer's prior express consent and acceptance that he or she will lose his or her right of withdrawal following the full performance of the contract by the trader;))
(b) the provision of goods or services whose price is linked to fluctuations in the financial market that the trader is unable to control and that may occur during the withdrawal period;
(c) the supply of custom-made or clearly customized 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 or health protection-related reasons and have been opened after delivery;
(f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
(g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can be made only after thirty days and the actual value of which depends on fluctuations in the market that cannot be controlled by the trader;
(h) contracts in which the consumer has specifically requested a visit by the trader for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out the maintenance or repairs, the right of withdrawal applies to such additional services or goods;
(i) the provision 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 housing for non-residential purposes, transportation of goods, car rental services, catering services, or services concerning leisure activities if the contract stipulates a specific date or period of performance;
((o) contracts for the provision of digital content by means of a non-material medium if performance has commenced and, if the contract imposes an obligation on the consumer to pay, where:
1) the consumer has given prior express consent to commence performance during the period of the right of withdrawal;
2) the consumer has acknowledged that he or she thereby forfeits his or her right of withdrawal;
3) the trader 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 subsection (1)(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 with the purpose or effect of promoting or selling products to consumers.
1-ter. In service contracts that impose an obligation on the consumer to pay when the consumer has specifically requested a visit by the professional for the purpose
of carrying out repair work, the consumer loses the right of withdrawal after the service has been fully performed, provided that performance has begun with the consumer's prior
express consent.))