Pre-contractual information (Article 49 of Legislative Decree 206/2005)

1. Before the consumer is bound by a distance contract or negotiated outside the business premises or by a corresponding offer, the professional provides the consumer with the following information, in a clear and understandable way:

a) the main characteristics of the goods or services, to the extent appropriate to the support and to the goods or services;

b) the identity of the professional;

c) the geographical address where the professional is established and his telephone number, fax number and electronic address, where available, to allow the consumer to quickly contact the professional and communicate effectively with him and, if applicable, the geographical address and the identity of the professional on whose behalf he is acting;

d) if different from the address provided in accordance with letter;

e) the total price of the goods or services including taxes or, if the nature of the goods or services makes it impossible to reasonably calculate the price in advance, the methods of calculating the price and, if applicable, all the additional expenses shipping, delivery or postal charges and any other costs or, if these expenses cannot reasonably be calculated in advance, the indication that these expenses may be charged to the consumer; in the case of a permanent contract or a contract including a subscription, the total price includes the total costs per billing period; when such contracts provide for the charging of a fixed rate, the total price is also equivalent to the total monthly costs; if the total costs cannot reasonably be calculated in advance, the methods for calculating the price must be provided;

f) the cost of using the remote means of communication for the conclusion of the contract when this cost is calculated on a basis other than the basic rate;

g) the methods of payment, delivery and execution, the date by which the professional undertakes to deliver the goods or to provide the services and, where appropriate, the treatment of complaints by the professional;

h) in the event of the existence of a right of withdrawal, the conditions, terms and procedures for exercising this right in accordance with Article 54, paragraph 1, as well as the standard withdrawal form referred to in Annex I, Part B;

i) if applicable, information that the consumer will have to bear the cost of returning the goods in case of withdrawal and in the case of distance contracts if the goods by their nature cannot normally be returned by post;

l) that if the consumer exercises the right of withdrawal after submitting a request pursuant to Article 50, paragraph 3, or Article 51, paragraph 8, he is responsible for paying the professional reasonable costs, pursuant to Article 57, paragraph 3;

m) if there is no right of withdrawal pursuant to Article 59, the information that the consumer will not benefit from a right of withdrawal or, where appropriate, the circumstances in which the consumer loses the right of withdrawal;

n) a reminder of the existence of the legal guarantee of conformity for the goods;

o) if applicable, the existence and conditions of after-sales assistance to the consumer, after-sales services and commercial guarantees;

p) the existence of relevant codes of conduct, as defined in Article 18, paragraph 1, letter f) of this Code, and how a copy can be obtained, if applicable;

q) the duration of the contract, if applicable, or, if the contract is for an indefinite period or is an automatic renewal contract, the conditions for withdrawing from the contract;

r) if applicable, the minimum duration of the consumer's obligations under the contract;

s) if applicable, the existence and conditions of deposits or other financial guarantees that the consumer is required to pay or provide at the request of the professional;

t) if applicable, the functionality of the digital content, including the applicable technical protection measures;

u) any relevant interoperability of the digital content with the hardware and software, of which the professional is aware or can reasonably be expected to have become aware, if applicable;

v) if applicable, the possibility of using an extra-judicial complaint and appeal mechanism which the professional is subject to and the conditions for having access to it.
[…]

4. The information referred to in paragraph 1, letters h), i) and l), may be provided by means of the standard instructions on withdrawal pursuant to Annex I, part A.
The professional has fulfilled the information obligations pursuant to paragraph 1, letters h), i) and l), if he has presented these instructions to the consumer, duly completed.

5. The information referred to in paragraph 1 shall form an integral part of the distance contract or of the contract negotiated outside the business premises and may not be modified except with the express agreement of the parties.

6. If the professional does not fulfill the information obligations on additional costs or other costs referred to in paragraph 1, letter e), or on the costs of returning the goods referred to in paragraph 1, letter i), the consumer must not incur such charges or additional costs.

7. In the case of use of techniques that allow individual communication, the information referred to in paragraph 1 is provided, if the consumer so requests, in Italian.

8. The information obligations established in this section are in addition to the information obligations contained in the legislative decree 26 March 2010, n. 59, and subsequent amendments, and in the legislative decree 9 April 2003, n. 70, and subsequent amendments, and do not prevent additional information obligations provided in accordance with these provisions.

9. Without prejudice to the provisions of paragraph 8, in the event of a conflict between a provision of the legislative decree 26 March 2010, n. 59, and subsequent modifications, and of the legislative decree 9 April 2003, n. 70, and subsequent amendments, on the content and methods of issuing the information and a provision of this section, the latter prevails.

10. The burden of proof relating to the fulfillment of the information obligations referred to in this section lies with the professional.

11. This contract is governed by Italian law. In the case of consumer user, the Court of residence or domicile of the consumer will be competent, if located in Italy. For any other dispute, the Court of Brescia will be competent instead.



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