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The consumer has the right, then, to receive (Article 4) a guarantee in writing or, if the same requires it, on a different medium that can reach him immediately, all the information provided under Article 3, co. 1, in a preventive manner or when the contract is drawn up.
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At the same time and with the same forms the following news is announced to the consumer:
communication on the constraints and forms of application of the right of recession pursuant to art. 5, including the cases referred to in art. 5, co. 2;
the domicile of the distributor to forward any protests; news on support services and commercial guarantees; the contract recession constraints if we are to stick to an undefined time or exceed one year.
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The consumer can request the recession (Article 5) from any type of distance contract, without being subject to any fine and without specifying the reason, within ten working days: with respect to the goods, from when they are acquired by the consumer if however the obligations envisaged pursuant to art. 4 o since they have been satisfied, even if this occurs after the end of the contract, it is sufficient that the limit of three months from the end is not exceeded; for services, from when the contract ends or from when all the obligations under art. 4, even if this occurs after the end of the contract provided that it does not exceed the limit of three months from the end itself. If all the obligations pursuant to art. 4 from the supplier, the deadline for exercising the right of withdrawal is three months and runs:
for goods, from when the consumer acquires them;
for services, since the contract ends.
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The right of recession is implemented by sending, in good time, a written document to the distributor s address with registered letter and return receipt.
You can also send the document by telegram, telex and facsimile, provided that it is forwarded by registered mail and return receipt within the following 2 days.
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If, on the other hand, the consumer has obtained the goods he is obliged to return it to the supplier, according to the regulations and contractual deadlines.
The good, however, must be returned no earlier than 10 working days starting from when the good was obtained. For the right of recession the direct costs of returning the goods to the supplier are foreseen, in the case in which it is specified in the distance contract.
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If such a right is implemented by the consumer by virtue of the laws in force, the sender is obliged to compensate the satisfaction made in advance by the consumer.
The reimbursement must be free of charge, in a short period and, in any case, within thirty days from the moment in which the supplier has received the communication of the right of recession set for the consumer. All suppliers who do not take into account the requirements of Articles 3, 4, 6, 9 and 10 of Legislative Decree 185/99, and therefore of the right of recession or do not compensate the consumer for the payment he made, are punished with an administrative fine ranging from one million lire to ten million.
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In more specific cases or recidivism, the penalty will be double. Among the crimes related to domain names we frequently find cybersquatting and domain grabbing.
The first involves the assumption of domains inherent the names of physical individuals to sell goods or profit from them; the second is the illegal registration of a domain to implement unfair competition.
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With a recent provision of the Court of Naples (26.2.2002), the domain name was considered an anomalous aspect compared to the ordinary principles regulating intellectual property, thus admitting the provisions of international jurisprudence.
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In this sense, the domain name is protected by virtue of art. 2958 of the civil code with respect to unfair competition, in the same way as an industrial brand. But there are several elements that characterize a generic brand from a domain:
there can be, in fact, many similar brands adopted in the various countries, as for domain ccTLD (Country Code Top Level Domain, type .it, .fr, .de, and via saying, regulated by the numerous Registration Authoritiy in the local area, while, the same thing you can not have for gTLD (Generic Top Level Domain, such as .com, org, .net), which provides the first come, first served rule , that is: obtains the domain who requests it first.