Right of Withdrawal

Last updated: November 17, 2025

1. Applicable Regulations

The right of withdrawal for online purchases is governed by Legislative Decree No. 206 of September 6, 2005 (Consumer Code), as amended by Legislative Decree No. 21 of February 21, 2014, implementing EU Directive 2011/83/EU on consumer rights.

Legal references: Articles 52 to 59 of the Consumer Code

2. Who Can Exercise the Right of Withdrawal

The right of withdrawal is exclusively recognized for consumers, defined as natural persons who purchase products for purposes not related to their business, commercial, craft, or professional activity.

        👤Important: Companies, professionals, and buyers acting for professional purposes cannot benefit from the right of withdrawal provided by the Consumer Code.
    

3. Withdrawal Period

Consumers have the right to withdraw from the online purchase contract within 14 days, without having to provide any reason and without incurring additional costs beyond those provided for returning the goods.

Start of the Period

The 14-day period starts:

From the day of physical receipt of the product by the consumer or a third party designated by them (other than the carrier)
In case of multiple products ordered with a single order but delivered separately: from the day of receipt of the last product
In case of delivery of goods consisting of multiple lots or pieces: from the day of receipt of the last lot or piece

        📅Practical Example: If you receive the product on January 1st, you have until January 14th (inclusive) to communicate withdrawal. The deadline is met if you send the communication by midnight on the 14th day.
    

4. How to Exercise the Right of Withdrawal

Withdrawal Communication

Consumers must communicate their intention to withdraw in a clear and unequivocal manner. The following methods are valid:

✉️Email/PEC to surgyhub@pec.it
📄PEC (Certified Electronic Mail)
✍️Registered letter with return receipt to: Via Eleonora Duse 26/B, 80126 Naples (NA), Italy
📋Withdrawal form (if provided by the seller)
Any other explicit statement of the decision to withdraw

⚠️Warning: It is not sufficient to refuse the package from the courier or simply return the product. An explicit communication of the intention to withdraw is required before or simultaneously with the return.

Communication Content

The withdrawal communication must include:

Consumer's personal details (name, surname, address)
Order number or identifying references of the purchase
Description of the product(s) subject to withdrawal
Date of product receipt
Explicit declaration of intention to withdraw
Bank details for refund (IBAN)

5. Product Return

Return Timeframe

Consumers must return products within 14 days from the date they communicated their decision to withdraw from the contract.

Return Address

Products must be returned to:
SURGYHUB S.R.L.
Via Eleonora Duse 26/B
80126 Naples (NA), Italy

Product Conditions

Returned products must be:

📦Intact and complete with all original accessories, components, and labels
🏷️With intact labels and seals, preferably in original packaging suitable for protecting the product during transport
✨Unused and unwashed, in substantially perfect condition, except for normal testing necessary to verify nature, characteristics, and fit

⛔Diminished Value: Consumers are liable for any diminished value of goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. The seller may withhold from the refund an amount equal to the diminished value caused by use of the product beyond the minimum necessary (e.g., washed garments, worn beyond simple trying on, with removed labels).

Return Costs

Direct return costs are borne by the consumer, unless the seller has agreed to bear them or has failed to inform the consumer that such costs are their responsibility.

Recommended Shipping Methods

Use a traceable courier with tracking number
Insure the goods for the declared value
Keep the shipping receipt until the refund is received
Package the product adequately to avoid damage during transport

6. Refund

Refund Timeframe

SURGYHUB S.R.L. will refund all payments received from the consumer, including delivery costs (excluding any additional costs resulting from the consumer's choice of a type of delivery other than the least expensive standard delivery offered), within 14 days from the day it was informed of the consumer's decision to withdraw.

        💰Important Exception: The seller may withhold the refund until it has received the goods or until the consumer has demonstrated having shipped the goods back, whichever occurs first.
    

Refund Method

The refund will be made using the same payment method used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and provided that they do not incur any cost as a consequence of the refund.

What the Refund Includes

Product price
Initial standard shipping costs (not express shipping if chosen by the customer)
VAT and any other taxes

What the Refund Does NOT Include

Product return costs (unless otherwise agreed)
Additional costs for premium or express shipping chosen by the customer
Any value reductions due to excessive product handling

7. Exclusions from the Right of Withdrawal

The right of withdrawal does not apply to the following products, pursuant to Article 59 of the Consumer Code:

🚫Products Excluded from the Right of Withdrawal:

Customized medical clothing made to measure or clearly personalized according to consumer specifications (e.g., uniforms with custom embroidery, custom sizes, personalized writings or logos)
Sealed goods not suitable for return for hygienic reasons or health protection and opened after delivery (e.g., worn sanitary footwear, underwear, opened personal protective equipment)
Goods that risk deterioration or expire rapidly
Products specifically packaged for particular customer needs that cannot be resold

Practical Examples for Medical Clothing

✅Exercisable: Standard medical uniforms, non-customized scrubs, sealed and unworn clogs and sanitary footwear, sealed medical accessories (stethoscopes, medical watches, etc.)
❌Not exercisable: Uniforms with custom embroidery (name, surname, logo), custom-made clothing, worn footwear, opened underwear, garments with specific customizations requested by the customer

⚠️Important Note on Customized Products: Medical clothing items that are customized at the customer's request (embroidery, prints, custom alterations) are excluded from the right of withdrawal pursuant to Article 59, paragraph 1, letter c) of the Consumer Code. This exclusion is clearly communicated when ordering customized products.

8. Warranty and Withdrawal: Differences

It is important not to confuse the right of withdrawal with the legal guarantee of conformity:

	Right of Withdrawal	Legal Guarantee
Duration	14 days from receipt	24 months from delivery
Reason	No reason required (change of mind)	Defect of conformity or malfunction
Costs	Return costs borne by consumer	Free repair or replacement
Applicability	Only online/distance sales	All sales (including in-store)

9. Special Cases

Defective or Non-Conforming Products

If the product is defective or does not conform to what was ordered, consumers have the right to:

Invoke the legal guarantee of conformity (even beyond 14 days)
Exercise withdrawal within 14 days without providing reasons
Obtain a full refund of shipping costs (both initial and return) in case of defect or non-conformity

Missing or Incomplete Information

If the seller has not provided the consumer with information about the right of withdrawal, the 14-day period extends to 12 months from the original expiry date. If the seller provides the missing information within 12 months, the 14-day withdrawal period starts from that moment.

Orders with Multiple Products

Consumers may exercise withdrawal for only some products of an order consisting of multiple items, returning only those for which they wish to exercise the right.

10. Forms and Useful Documents

📋Standard Withdrawal Form

The Consumer Code provides a standard form for exercising the right of withdrawal. Consumers may use it, but are not obliged to: any clear communication of the intention to withdraw is sufficient.

Form available: Annex I, Part B of Legislative Decree 21/2014

Documentation to Keep

It is recommended to keep:

Order confirmation and invoice/receipt
Email or withdrawal communication sent
Proof of return shipment (tracking number)
Any correspondence with the seller

11. Dispute Resolution

Direct Contact

In case of problems or disputes, consumers should first contact SURGYHUB S.R.L.'s customer service at PEC address surgyhub@pec.it to attempt an amicable resolution.

Alternative Procedures

Consumers may avail themselves of:

Recognized Consumer Associations
Chamber of Commerce - Conciliation service
European ODR platform for cross-border purchases: https://ec.europa.eu/consumers/odr

Jurisdictional Protection

For disputes arising from consumer contracts, the Justice of the Peace or the Court of the consumer's place of residence or domicile has jurisdiction.

12. Complete Legal References

Legislative Decree No. 206 of September 6, 2005 - Consumer Code (Articles 52-59)
Legislative Decree No. 21 of February 21, 2014 - Implementation of Directive 2011/83/EU
Directive 2011/83/EU of the European Parliament and of the Council
EU Regulation No. 524/2013 - Online Dispute Resolution (ODR)

ℹ️Final Note: This information is purely informative and does not constitute legal advice. For specific or complex situations, it is advisable to consult a qualified legal professional or consumer association.