Refund policy

This policy applies to orders placed through our online shop. It governs the purchase of goods. Separate sections further down apply to equipment hire and to mountain guide tours.

Your right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason (Art. 52 Codice del Consumo, D.lgs. 206/2005).

The period begins on the day on which you, or a third party named by you who is not the carrier, takes physical possession of the goods. In detail:

Where several goods from one order are delivered separately: with the last item.
Where goods are delivered in several lots or pieces: with the last lot or the last piece.
Where goods are delivered regularly over a set period: with the first item.

How to withdraw

Tell us your decision by means of an unequivocal statement, for example by email or by letter:

Mountain Spirit SNC di Plattner Guenther & C.
Zwölfmalgreiner Straße 8B
39100 Bolzano (BZ), Italy
Email: info@mountainspirit.it
Telephone: +39 0471 05 34 34
Fax: +39 0471 05 34 35

You may use the model withdrawal form at the end of this page, but you do not have to. To meet the deadline it is enough that you send your communication before the period expires.

What happens after withdrawal

We reimburse all payments we have received from you, including the costs of delivery. Excluded are supplementary costs arising because you chose a type of delivery other than the least expensive type of standard delivery offered by us (Art. 56 Codice del Consumo).

Reimbursement is made without undue delay and in any event within 14 days of the day on which your notice of withdrawal reached us. We use the same means of payment as you used for the order, unless we expressly agree otherwise with you. We charge you no fee for this.

We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent them back, whichever is the earlier.

If you return only part of an order, we reimburse the price of that part. The delivery costs then remain with us, because we performed the delivery for the part of the order you keep.

Returning the goods

Send the goods back without undue delay, and in any event within 14 days of the day on which you notified us of your withdrawal. The deadline is met if you dispatch the goods beforehand. You bear the direct cost of returning the goods (Art. 57 Codice del Consumo).

Return address: Mountain Spirit, Zwölfmalgreiner Straße 8B, 39100 Bolzano (BZ), Italy.

You may also hand the goods in at our shop in Bolzano without posting them, which costs you nothing. Please bring your order confirmation with you.

It helps us if the original packaging and the labels are still with the goods. That is not a condition of withdrawal.

You are liable for any diminished value of the goods only where it results from handling that was not necessary to establish their nature, characteristics and functioning. Put simply: trying on yes, using no, just as in the shop.

When there is no right of withdrawal

Art. 59 Codice del Consumo lists the cases in which there is no right of withdrawal. For our range these are above all:

Goods made to your specifications or clearly personalised. This includes mounted ski sets, because we mount the binding to your sole length and your release setting, and also cut climbing skins, fitted inner boots and personalised goods.
Sealed goods which are not suitable for return for reasons of health protection or hygiene, where you removed the seal after delivery.
Services related to leisure activities where the contract provides for a specific date or period of performance. Hire falls under this, see the next section.
Services fully performed at your express request before the withdrawal period expired, where you confirmed at the time of booking that you would thereby lose your right of withdrawal.

Equipment hire

Hire is a service and not a purchase of goods. You collect the equipment at our shop in Bolzano and return it there. We do not send hire equipment by post. For a service, a withdrawal period would begin on the day the contract is concluded and not with a delivery (Art. 52 comma 2 lettera a Codice del Consumo).

In our assessment there is no right of withdrawal for a hire that you book for particular days. Art. 59 comma 1 lettera n) Codice del Consumo excludes services related to leisure activities where the contract provides for a specific date or period of performance. That is exactly the case with a booking made from one day to another.

A hire can be booked through this shop. You choose the period, pay the hire price at checkout and collect the equipment at the agreed time at our shop in Bolzano. From the moment you book, we hold the booked items for exactly those days and give them to nobody else in that time. We do not ask for a deposit, neither online nor at the counter.

Up to 24 hours before the agreed collection time you can cancel a booking free of charge and we refund the full amount. After that we keep half the hire price. If you do not collect without cancelling, we keep the full hire price, because the equipment was set aside for you and was available to nobody else in that time. If we cancel, you get the full amount back. Up to 24 hours before the collection time we will move a booking once free of charge, provided the equipment is free in the new period. Write to info@mountainspirit.it or call +39 0471 05 34 34 and give us the order number and the period. The same rule stands as point 13 of our terms and conditions.

Two points apply regardless. If at the time of booking you expressly requested that the hire begin before the 14 days have expired, and confirmed that you would lose your right of withdrawal upon full performance, withdrawal after the equipment has been returned is excluded (Art. 59 comma 1 lettera a). If a hire has already begun at your express request and you end it early, you pay the amount corresponding to the service provided up to that point (Art. 57 comma 3).

If you do not hire online but over the counter in the shop, there is no distance contract. In that case there is no right of withdrawal in the first place.

Mountain guide tours

For tours and courses we only put you in touch. The contract is concluded between you and the mountain guide, not with Mountain Spirit. Through our pages you submit a non-binding enquiry. What applies to cancellation, rescission and withdrawal therefore follows the terms of the mountain guide you engage.

Statutory guarantee of conformity

Irrespective of the right of withdrawal, as a consumer you are entitled for two years from delivery to goods that conform to the contract (Art. 128 et seq. Codice del Consumo). If they do not, you may request repair or replacement. If neither is possible, neither is possible within a reasonable time, or either would cause you significant inconvenience, you may reduce the price or rescind the contract. For second-hand goods a shorter period may apply if we expressly agree it with you at the time of purchase. It may not be shorter than one year.

Model withdrawal form

The form below is the official wording from Annex I Part B of Directive 2011/83/EU. It is therefore more formal than the rest of this page. Complete it only if you wish to withdraw from the contract. You do not have to use it, an unequivocal statement in any form is enough.

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

To Mountain Spirit SNC di Plattner Guenther & C., Zwölfmalgreiner Straße 8B, 39100 Bolzano (BZ), Italy, fax: +39 0471 05 34 35, email: info@mountainspirit.it:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.