The right of withdrawal referred to in Articles 52 to 58 for distance contracts and contracts negotiated outside business premises is excluded concerning:
a) service contracts after the complete performance of the service, but, if the contract imposes on the consumer the obligation to pay, only if the execution has begun with the prior express consent of the consumer and the acceptance of the fact that they will lose their right of withdrawal following the complete execution of the contract by the professional(1);
b) the supply of goods or services whose price is linked to fluctuations in the financial market that the professional cannot control and that may occur during the withdrawal period;
c) the supply of goods made to measure or clearly personalized;
d) the supply of goods that are liable to deteriorate or expire rapidly;
e) the supply of sealed goods that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery;
f) the supply of goods that, by their nature, are inseparably mixed with other goods after delivery;
g) the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days, and whose actual value depends on market fluctuations that cannot be controlled by the professional;
h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of urgent repair or maintenance work. If, on the occasion of such a visit, the professional provides services beyond those specifically requested by the consumer or goods other than spare parts necessary for maintenance or repairs, the right of withdrawal applies to such additional services or goods;
i) the supply of sealed audio or video recordings or sealed computer software that has been opened after delivery;
l) the supply of newspapers, periodicals, and magazines, except for subscription contracts for the supply of such publications;
m) contracts concluded on the occasion of a public auction;
n) the supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services, or services related to leisure activities if the contract provides for a specific date or period of performance;
o) contracts for the supply of digital content on non-material support if the execution has begun and, if the contract imposes on the consumer the obligation to pay (THIS PROVISION PERTAINS TO CASES INVOLVING DOWNLOADING FROM SERVERS AND AUDIO/VIDEO STREAMING, AS WELL AS OTHER SYSTEMS OR DISTRIBUTION TECHNIQUES), provided that:
1) the consumer has given their prior express consent to start the performance during the withdrawal period;
2) the consumer has acknowledged thus losing their right of withdrawal;
3) the professional has provided confirmation in accordance with Article 50, paragraph 2, or Article 51, paragraph 7(1).
1-bis. The exceptions to the right of withdrawal referred to in paragraph 1, letters a), b), c), and e), do not apply to contracts concluded in the context of unsolicited visits by a professional to a consumer’s home or excursions organized by a professional with the purpose or effect of promoting or selling products to consumers(2).
1-ter. In service contracts that impose on the consumer the obligation to pay when the consumer has specifically requested a visit by the professional for the purpose of carrying out repair work, the consumer loses the right of withdrawal after the service has been fully performed, provided that the execution has begun with the prior express consent of the consumer(2).
Notes
(1) Letter amended by Legislative Decree March 7, 2023, No. 26.
(2) Paragraph introduced by Legislative Decree March 7, 2023, No. 26.
Source: https://www.brocardi.it/codice-del-consumo/parte-iii/titolo-iii/capo-i/sezione-ii/art59.html
