Signing the contract
The contract you are asked to sign must comply with certain rules.
It must be in writing, even when the offer is made remotely; otherwise, it is null and void, meaning it has no legal effect. Only the customer can invoke this nullity, by requesting that a civil court declare the contract void. The written form is not mandatory only in specific cases, such as for non-reloadable prepaid cards that meet certain criteria.
The contract must include:
- all the financial terms and conditions, such as fees, interest rates, and penalties for late repayment of instalments;
- all the costs you are expected to bear.
Important
Contractual clauses are null and void if they:- refer to "customary practice" (i.e. unwritten rules) to determine financial conditions; or
- provide for financial terms that are less favourable to the customer than those stated in the pre-contractual information or summary document.
The contract must be accompanied by the summary document, which outlines the key financial conditions.
With regard to interest on loans, the applicable rate must be below the usury threshold rate (tasso soglia), which is the maximum legal rate beyond which lending becomes a criminal offence. Each type of loan - for instance, mortgages - has its own threshold. These rates are reviewed quarterly and published on the website of the Ministry of Economy and Finance.
You may request a complete copy of the contract before signing it. This does not bind you in any way to sign it. The copy must be provided free of charge, although certain application or processing fees may apply. If the intermediary changes any of the contract terms, you have the right to ask for an updated version.
Once the contract is signed, the intermediary must provide you with a signed copy, including the general terms and conditions—even if the agreement was made remotely.
If you change your mind, you have the right to withdraw: if you are a consumer, you can cancel the contract within 14 days of signing, without having to provide a reason.
If the contract has no fixed term—for example, a credit card contract—you can withdraw at any time, without penalties or additional charges.
The summary document
The summary document (often the front page of the contract) is attached to the contract. It summarises the fees, interest rates, and other financial conditions set out in the agreement. These are the same conditions found in the product's pre-contractual information sheet but tailored specifically to you.
You can request a copy of the summary document from the intermediary before signing the contract; again, this does not commit you to signing. If the intermediary changes the terms, you may request an updated version.