4. Consumer's right of withdrawal
4.1 If the Purchaser is a consumer within the meaning of the Consumer Code (Legislative Decree no. 206/2005 - as amended), he shall be entitled to withdraw - without penalty and without specifying the reasons - from the date of the order and within 14 days of the day on which the Purchaser or a third party other than the carrier and appointed by the Purchaser acquires physical possession of the goods or, in the case of multiple goods ordered by the Purchaser in one order and delivered separately, from the day on which the Purchaser or a third party other than the carrier and appointed by the Purchaser acquires physical possession of the last good.
4.2 The right of opting out is exercised by sending, within the term stated in paragraph 4.1 above, a written communication, in accordance with the template available on the site, by registered letter, telegram, fax or e-mail to the following addresses:
New Works Webtech srl
Via Oltrecolle 129, 22100 Como (CO)
4.3 The timely sending of the notice of withdrawal shall be sufficient for compliance with the withdrawal period.
4.4 The timely sending of the notice of withdrawal or the dispatch of the vehicle shall be sufficient for compliance with the withdrawal period.
4.5 If the vehicle was delivered, the Purchaser shall return it to the Seller without delay and in any case within 14 days of the date of exercise of withdrawal. The following shall apply:
a) The Purchaser shall return the vehicle to the Seller at his own responsibility and shall bear the direct costs of the return. The return must take place at the following address:
Energica Motor Company S.p.A.
Via Scarlatti, 20, 41019 Soliera MO
The Purchaser acknowledges that the direct costs of the return cannot be calculated at present, as they depend on the location of the vehicle to be returned, but may in any case be significant. If the Purchaser decides to return the vehicle by courier, he undertakes to use a courier possessing the equipment, facilities and means suitable for transporting the vehicle. If the Purchaser wishes to employ the services of a courier selected by the Seller, at his own cost and under his own responsibility, he may send an email to the Seller requesting a non-binding estimate. Unless the Purchaser decides to employ the courier appointed by the Seller, the Purchaser shall agree in advance with the Seller on the day of actual return of the vehicle;
b) the Purchaser also undertakes to return, within the same term of 14 days of the date of the withdrawal, all documentation (including administrative and technical documentation) relating to the vehicle, as well as to cooperate actively with the Seller in order to transfer the title to the vehicle to the Seller (or to any other party named by the latter), delivering any required documents, after duly signing them.
The return shall be deemed correctly completed only subject to the condition that the Purchaser complies with all the obligations set out in this Article 4.5, letters a) and b).
4.6 At the time of return, the vehicle will be subject to special checks to assess its condition; a special report will be drawn up, which will include the number of kilometres covered by the vehicle and a description of any damage to it, with a specific indication of the disbursements required to repair the damage or in any case restore the vehicle (parts and labour). The substantial integrity of the vehicle is an essential condition for the exercise of the right to withdraw, bearing in mind that it is in any case sufficient that the goods are returned in a normal state of preservation, as long as they were kept and possibly used with the usual degree of diligence. Any sums required to repair damage to the motorbike or in any case restore the vehicle shall be borne by the Purchaser and shall be deducted from the sums returned to him pursuant to Art. 4.7. The Purchaser shall only be liable for any reduction in the value of the vehicle resulting from any tampering of the vehicle other than that necessary to establish the nature, characteristics and functioning of the goods. In this regard, the Seller shall be entitled to deduct from the sum to be returned following withdrawal, by way of fair compensation, € 5 for each kilometre covered by the vehicle in excess of the total of 10 km travelled from the time of delivery of the vehicle to that of its return. It is in any case understood that, unless otherwise indicated by the Seller, the right of withdrawal cannot be exercised if the Purchaser has covered more than 25 km.
4.7 If the withdrawal is validly exercised, the Seller is obliged to return the sums paid by the Purchaser, including those paid as a deposit and including any delivery costs, within 14 fourteen days of the date of return in accordance with Article 4.5. The Seller shall pay such refund by credit card and/or bank transfer, unless the Purchaser has expressly agreed otherwise and provided that the Purchaser does not incur any costs as a result of the refund. The Purchaser acknowledges that any sums required to repair damage to the motorbike or otherwise restore the vehicle shall be deducted from the refund.
4.8 Without prejudice to the preceding paragraph, the Seller is not obliged to reimburse additional costs if the Purchaser has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller.
4.9 Il consumatore prende atto che il Venditore può trattenere il rimborso finche':
(i) sia avvenuta la riconsegna ai sensi dell’art. 4.5; oppure
(ii) il consumatore abbia dimostrato di aver rispedito il veicolo e avere adempiuto agli impegni di cui all’art. 4.5 lett. b),
a seconda di quale situazione si verifichi per prima.
4.10 In caso di recesso, saranno automaticamente risolti, senza costi per il consumatore, anche i contratti accessori connessi all’acquisto del veicolo.
4.11 In conformità all’art. 59, comma 1, lett. c) del Codice del Consumo (d.lgs. 206/2005), il diritto di recesso è escluso, inter alia, quando il contratto di acquisto ha ad oggetto un veicolo personalizzato in base a specifiche esigenze del cliente.