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In the same period and in the same manner, the following communications must however be disclosed to the consumer:

a notice on the constraints and methods of implementation of the right of recession based on art. 5, including the circumstances referred to in art. 5, co. 2;

the residence of the supplier to whom the consumer can lodge complaints; communications on consultancy services and commercial guarantees; the contractual recession restrictions in the case of indefinite period or greater than one year.

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The consumer may request the recession (Article 5) from any remote contract, without any penalty and without indicating the reason, within ten days of work in progress: as regards the goods, from the moment they are received by the consumer where the commitments pursuant to art. 4 o from the moment when the same have been satisfied, although this happens after the contractual term provided that it is not beyond the limit of three months from the end itself; for benefits, from the time of the contract term or from the moment in which the commitments have been fulfilled on the basis of art. 4, although this happens after the contractual term provided that it is not beyond the limit of three months from the end itself.

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In the situation in which the supplier has not fulfilled the commitments according to art. 4, the time limit for exercising the right of recession is three months and starts:

for goods, from the moment the consumer receives them;

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for benefits, from the day of the contractual term.

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The right of recession applies with the forwarding, within the expected time, of a written letter at the domicile of the supplier by registered letter with acknowledgment of receipt. The letter can be forwarded, within the same period, also by telegram, telex and facsimile, provided it is sent by registered mail with return receipt within 2 days.

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When the consumer has received the goods he is obliged to return it or to have it delivered to the supplier or to the person indicated by him, according to the rules and contractual terms. However, the deadline for returning the goods must not be less than 10 work days starting from the day the goods were received.

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The only mandatory costs for the consumer to exercise their right of recession according to the law are the direct costs of returning the goods to the supplier, where it is clearly expressed by the remote contract stipulation.

If the right of recession is applied by the consumer in accordance with the regulations in force, the sender is obliged to reimburse the costs anticipated by the consumer. The compensation must be free of charge, and must take place in a short time and under any circumstances within thirty days from the day on which the supplier was informed of the right of recession envisaged for the consumer.

The supplier who does not comply with the regulations set out in articles 3, 4, 6, 9 and 10 of Legislative Decree 185/99, which impedes the right of recession envisaged for the consumer or does not reimburse the costs incurred, is condemned an administrative fine ranging from one million lire to ten million. In particularly serious situations or recidivism, the fine applied will even be doubled.

How is the domain name safeguarded?

In the context of unlawful conduct involving domain names, cybersquatting from domain grabbing is one of the most common.

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The cybersquatting concerns the assumption of domains related to the names of physical or generic subjects for the resale or however to obtain profit.

The domain grabbing has as an end the illegal registration of a domain in order to implement a dishonest competition.

Through a verdict recently applied by the Court of Naples (26.2.2002), the domain name has been identified as an anomalous characteristic trait, compared to the criteria of ordinary intellectual property rights, with this accepting the provisions of the jurisprudential matter and international level.

Nm98, in this way, the domain name can enjoy the assured defense according to art. 2958 of the civil code with respect to dishonest competition, at the same level as a trademark of the industrial sector. However, there are many differences between a generic brand and a domain.

In fact you can have many identical brands applied in different countries, as happens for domains like ccTLD (Country Code Top Level Domain, type .it, .fr, .de, and so on, whose attribution is governed by the various Registration Authoritiy level local), instead the same eventuality is precluded for gTLD (Generic Top Level Domain, type .com, org, .net), in which prevails the rule of the first as, first served, that is: it achieves the domain who is the first request.

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Criminal Law Lawyers

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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