Good morning, violations of the Consumer Code (Legislative Decree 206/2005) and the Civil Code:
1. Timely Exercise of the Right of Withdrawal (Art. 54 Consumer Code)
I sent a formal cancellation and withdrawal notice before the expiration of the 14th day from signing. Pursuant to Art. 54, paragraph 4 of the Consumer Code, the consumer has exercised the right of withdrawal within the cooling-off period if the communication is sent before the deadline expires (The Dispatch Principle). My withdrawal is therefore fully valid and effective.
2. Non-Use of Service, Interpretation of Art. 59, lett. o) and Bad Faith of the Company
The company unlawfully rejects my withdrawal by claiming misleadingly that sending a link excludes the cooling-off right under Art. 59, paragraph 1, letter o) of the Consumer Code. The cited article provides for the exclusion of the right of withdrawal only for:
“the supply of digital content on a non-tangible medium if the performance has begun and, if the contract places the consumer under an obligation to pay, if: 1) the consumer gave prior express consent to begin the performance during the withdrawal period; 2) the consumer acknowledged that they thereby lose their right of withdrawal; and 3) the professional provided confirmation in accordance with Article 50, paragraph 2, or Article 51, paragraph 7.”
