Rights of Withdrawal and Return European Directive
Pursuant to Article 52 of Legislative Decree 206/2005 (Consumer Code), the customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty. To exercise this right, the customer must send DungeonDice.it a notice to this effect within 14 business days of receiving the products. This notice must be sent following the procedure indicated in the information sheets above.
Quantification of asset manipulation
The provisions of the Consumer Code that provide for withdrawal due to “change of mind” respond to the need to enable the consumer to carry out all the checks and assessments that he would have made if he had purchased the goods in a physical store and been able to “touch” the item firsthand.
This is specifically stated in Article 47 of EU Directive 83/2011:
Some consumers exercise their right of withdrawal after having used the goods beyond what is necessary to establish their nature, characteristics, and functioning. In such a case, the consumer should not lose the right of withdrawal, but should be liable for any diminished value of the goods. To establish the nature, characteristics, and functioning of the goods, the consumer should only handle and inspect them in the same way as he or she would be permitted to do in a shop. For example, the consumer should only try on a garment, without being able to wear it. Consequently, during the withdrawal period, the consumer should handle and inspect the goods with due diligence. The consumer’s obligations in the event of withdrawal should not discourage the consumer from exercising his or her right of withdrawal.
(see EU Directive No. 83/2011 – Recital 47)
To be eligible for a 100% refund, the goods must not have been handled in any way other than what the consumer would have been able to do when purchasing them in-store.
National and EU legislation grants the right of withdrawal as a second thought for distance contracts both in the case of “tampering” (defined above) and in the case of more “serious” manipulation that affects the value of the item (which can no longer be resold as new pursuant to Article 57 of the Consumer Code).
Therefore, in the case of serious manipulation, which compromises the resale of the item as new, the law (Article 57 of the Consumer Code) establishes that the consumer is responsible for the diminished value of the goods he intends to return in exercise of the right of withdrawal and is a determining factor in handling the goods differently from what could have been done at the time of purchase of the same item in a physical store.
Therefore, in the event of product manipulation by the Customer, the Store reserves the right to assess whether and to what extent such manipulation has resulted in a reduction in the value of the goods. Consequently, an amount appropriate to the reduction in value will be charged (deducted from the refund requested by the Customer).
If the product is found to be unsellable because it is missing essential parts that make it unsuitable for use, or if these parts are damaged, the refund will not be made.
Partial Refund for Right of Withdrawal
Bearing in mind the explanation of Articles 47 and 57 of the Consumer Code, explained in the previous paragraphs, in the event that the returned goods arrive tampered with, the Store reserves the right to issue only a partial refund, in the event of a Right of Withdrawal requesting a Right of Reconsideration.
Therefore, upon receipt of the product from the warehouse/Store, it will be checked and inspected. If the Customer has tampered with the product, the Store reserves the right to assess whether and to what extent such tampering has reduced the value of the goods. Consequently, an amount appropriate to the reduction in value will be charged (deducted from the refund requested by the Customer).
Qualora il prodotto dovesse risultare invendibile perché mancante di parti essenziali che lo rendono inidoneo all’utilizzo o qualora queste parti dovessero essere rovinate, il rimborso non sarà effettuato.
Right of Withdrawal not applicable in the following cases:
As specified in Article 59 of the Consumer Law, the right of withdrawal specified in Articles 52 to 58 is excluded in relation to:
- the supply of goods made to measure or clearly personalized;
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of sealed goods which are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
- the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
- Other types not related to the store’s products…
Damage caused by the courier
There is no specific regulation of logistics contracts in Italian law. Therefore, the Civil Code clarifies that anyone who fails to perform a specific service is liable for damages. At this point, the transportation contract must be taken into account, which, as explained by the Civil Code:
“The carrier is responsible for the loss and damage of the goods delivered to him for transport, from the moment he receives them to the moment he delivers them to the recipient, unless he proves that the loss or damage was caused by fortuitous event, by the nature or defects of the goods themselves or by their packaging, or by the actions of the sender or the recipient.”
Consequently, the courier is responsible for the package he transports, from the moment he picks it up until he delivers it to the recipient, unless the product leaves the seller already damaged.
Collecting goods “with reservation” is one of the most effective solutions to avoid liability issues: by marking this wording on the delivery note, the recipient reserves the right to subsequently verify that the contents are intact and have not suffered damage during transport.
In the event of damage caused by the courier, it is therefore essential to contact customer service and assess the specific case. However, the Store is not responsible and therefore not obligated to provide any refunds.
Warranty
What is the legal guarantee?
The legal guarantee of conformity is the set of rights provided for by the Consumer Code (articles 128 et seq.) to protect the consumer in the event of the purchase of defective products, which malfunction or do not respond to the use declared by the seller or the person for whom the goods are generally intended.
The consumer, therefore, has the right to request the guarantee on the products when the goods are defective or non-compliant, that is when:
- does not match the description given by the seller;
- it is not suitable for the uses for which it was sold or for which it is normally intended;
- it is supplied without instructions, accessories included in the descriptions or installation is not carried out, where required;
- The delivered goods do not correspond to the order in terms of quantity, color, functionality, durability, and safety.
Once the existence of the lack of conformity has been ascertained, the consumer, in order to benefit from the legal guarantee, must:
- report it to the seller within two months of discovering the defect, otherwise the legal guarantee will lapse and the seller will no longer be bound by the obligations that we will see later;
- retain and provide evidence of the date the goods were purchased and the date the goods were delivered (the consumer may simply provide the purchase invoice or the document received upon delivery of the goods).
The remedies available to the consumer are indicated in Article 135 bis of the Consumer Code and include:
- restoration of conformity: the seller can repair or replace the goods;
- price reduction: the seller can offer a particular discount if it is not possible to replace or repair the product;
- Termination of the contract: if conformity cannot be restored within a reasonable time, the product warranty provides for the contract to be terminated.



































































