Derecho de desistimiento

Right of withdrawal

Pursuant to Art. 52 of the Consumer Code (Legislative Decree 206/2005), the Consumer (meaning exclusively a natural person who makes the purchase outside of their business and/or professional activity) has the right to withdraw from the contract, even without cause:

for purchases made on www.divani.store or by phone order within no later than 14 calendar days from physical receipt;
for purchases made on marketplaces within no later than 14 calendar days from physical receipt, unless the conditions provided by the marketplace are more favorable.

If the Consumer requested cash on delivery shipping, since it is not possible to issue the refund through the same system due to possible violations of applicable anti-money-laundering regulations, the Consumer must state in the above communication the bank account details to which the amount due should be transferred. If such details are not provided, we will not be responsible for any delay in issuing the refund

Pursuant to Art. 59, letter c) of the Consumer Code, the right of withdrawal is excluded where the sold item has been made “to measure” or “customized” based on the end customer’s choices.

Any product made in a size, finish or upholstery not included in the original product sheet will be considered a custom product, as it is made specifically for the customer based on their choice.

How to exercise the right of withdrawal

The right of withdrawal will be deemed correctly exercised if the Consumer has sent the notice of exercising the right of withdrawal within the time limits above by means of an explicit statement which, for example, may consist of:

by completing the form specifically prepared on the page www.support.divani.store, after which we will send our confirmation of receipt and/or of the opening of the RMA (Returned Merchandise Authorization) procedure;
by completing and sending the specially prepared downloadable form;
in a free-form statement sent by letter, registered letter with or without return receipt, e-mail or PEC containing:
- the buyer’s details (first name, last name and address);
- your wish to exercise the right of withdrawal;
- the order details and/or identification of the purchased item for which you wish to exercise the right;

The above communication may be sent to:
HOMIT SRL.
Via Fonte a Collina, 343
64012 Floriano (TE)
e-mail: support@divani.store
PEC: homitsrls@pec.it

Packaging and shipping of the products

It is the Consumer’s precise duty and responsibility:

return the goods complete with all their parts, accessories, manual and anything else received;
to place the goods back in their original packaging, as if it is missing and/or damaged, this results in a reduction in the value of the goods and, consequently, of the refund.

Pursuant to Art. 57, paragraph 1, of Legislative Decree 206/2005, it is the consumer’s duty to ship the goods, at their own care and expense, within and no later than 14 days from the notification of the exercise of the right of withdrawal, to the address indicated below.
To avoid unpleasant inconveniences, we strongly recommend:

to indicate as the sender the name of the person who made the purchase
to include inside the shipment a copy of the purchase order received or a copy of the declaration of exercise of the right of withdrawal

since, in the absence of such information, it is impossible for us to link the received product to the Consumer who is entitled to a refund and, consequently, to proceed accordingly.
Furthermore, based on what is stated below, if the Consumer ships the goods independently, we recommend requesting appropriate insurance coverage, as any damage cannot be attributed to us for any reason.

The goods may be returned to:
HOMIT SRL – Warehouse
Via Gabbiano 24
64013 Corropoli (TE) - Italy

The Customer may use the product collection service offered by Divani.Store; the amount related to return shipping, agreed with customer care, will be deducted by Divani.Store from the sum to be refunded to the Customer as a consequence of exercising the right of withdrawal.

Refund processing and amount

Whereas Art. 56 of Legislative Decree 206/2005 provides that the refund must be made within 14 days from the notification of the exercise of the right, the same article also provides that, in the case of sale of goods, the refund may be withheld until the actual receipt of the goods or until the Consumer has provided evidence that they have actually returned the goods.

Without prejudice to the provisions of the following point 5), where applicable, the refund will be made using the same payment method used for the purchase, with the sole exception of cash-on-delivery purchases, for which the refund – net of the cash-on-delivery costs – will be made as described in point 2).

Consumer’s liability for damage to products

Whereas Legislative Decree 206/2005 provides that

in Art. 57, paragraph 1, which states that it is the Consumer’s duty and responsibility to ship the goods and
in Art. 63, paragraph 1, which "the risk of loss of or damage to the goods, due to causes not attributable to the seller, transfers to the consumer only at the moment when the latter, or a third party designated by them and other than the carrier, physically takes possession of the goods"
in Art. 57, paragraph 2, which
"The consumer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer is not liable in any case for diminished value if the trader has failed to inform the consumer of their right of withdrawal in accordance with Article 49, paragraph 1, letter h)."

since this notice is highlighted throughout the entire purchasing process and a link is present at the bottom of every page, we consider the obligation incumbent upon us under the second sentence of Art. 57, paragraph 2, to have been duly fulfilled.

Therefore, if the goods are returned to us damaged or handled in such a way as to cause a reduction in their value, we will inform the Consumer in order to find an amicable agreement before the deadline for issuing the refund. In the absence of an agreement, our company reserves the right to:

to dispute the breach of the obligations placed on the Consumer and/or
to undertake the necessary actions to protect their claims and/or+
to take the most appropriate legal action in order to protect their rights.

For the same reasons, if the Consumer ships the item independently, we recommend requesting appropriate insurance coverage, we will not be responsible in any way for any damage caused by the carrier. By way of example only and without limitation, the following may constitute a breach by the Consumer:

missing and/or broken and/or destroyed packaging for reasons other than transport to the Consumer;
missing components of the product (accessories, cables, instruction manuals, etc.);
clear and/or evident and/or unequivocal signs of use other than that strictly necessary to test the product;
the presence of damage of any kind not attributable to transport to the Consumer.

Addresses and contact details

Addresses for communications:

HOMIT SRL.
Via Fonte a Collina, 343
64012 Floriano (TE)
Email: support@divani.store
Certified email (PEC): homitsrls@pec.it

Shipping address for products:

HOMIT SRL – Returns Department
Via Gabbiano 24
64013 Corropoli (TE) - Italy