Return and withdrawal vehicles

4. Right of withdrawal of the consumer

4.1 - Where the buyer is a consumer according to the Consumer Code (Legislative Decree no. 206/2005 - or subsequent amendments), he/she will have the right to withdraw - without any penalty and without specifying the reasons - within: 14 days from the day on which the consumer or a third party other than the carrier and indicated by the consumer, acquires the physical possession of the assets or:
1) in the case of multiple assets ordered by the consumer with a single order and delivered separately, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the physical possession of the last asset; 2) in the case of delivery of an asset consisting of multiple lots or pieces, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece; 3) in the case of contracts for the periodic delivery of assets during a defined period of time, from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the physical possession of the first asset.

4.2 - The right of withdrawal shall be exercised by sending, within the period referred to in paragraph 4.1 above, a written communication, in accordance with the model available on the Website, by registered letter, telegram, fax or e-mail to the following addresses:
New Works Webtech srl
Viale Lombardia, 29 - 22032 Albese con Cassano (CO)
Mail: customercare.shopvmotosoco@e-tailor.biz
Fax: 031.525648

4.3 - The prompt sending of the communication of withdrawal shall be sufficient for the purpose of complying with the withdrawal period.

4.4 - In the event that the withdrawal is validly exercised, each party must return the services received.

4.5 - If the vehicle has been delivered, the Buyer must return it to the Seller without delay and in any case within 14 days from the date of the withdrawal. The following will apply:
a) the consumer is obliged to return the vehicle to the Seller under his own responsibility, bearing the direct costs of the return. The return must be made to the following address:
RGP Srl
Via Monte Cervino 50
20862 Arcore

The consumer acknowledges that the direct costs of the return cannot currently be calculated, depending on the place where the vehicle to be returned is situated, but in any case, they can be significant. Where the consumer decides to return the vehicle by courier, he/she agrees to use a courier that owns the equipment, facilities and means suitable for the transport of the vehicle. Where the consumer wishes to make use of a courier trusted by the Seller, always at his own cost and under his own responsibility, he may send a specific email to the seller to request a quotation; however, this is not binding. Unless the consumer decides to make use of the Seller's trusted courier, the consumer must previously agree with the Seller on the day of the actual return of the vehicle;
b) the consumer also agrees to return, within the same period of 14 days from the date of exercise of the withdrawal, all documentation (including administrative and technical) relating to the vehicle, and to cooperate actively with the Seller in order to proceed to the transfer of ownership of the vehicle in favour of the Seller (or other subject indicated by the same), delivering all necessary documents duly signed. The return shall be deemed to have been successful only on condition that the consumer respects all the commitments referred to in this Art. 4.5, Lett. a) and b).

4.6 - At the time of return, the vehicle will be subject to special checks to verify its state; a specific report will be drawn up, which will contain the detection of the number of kilometers travelled and the description of any damage to the vehicle, with specific indication of the sums necessary to repair the damage themselves or otherwise restore the vehicle (parts and labour). The substantial integrity of the vehicle is an essential condition for exercising the right of withdrawal, taking into account that it is however sufficient that the property is returned in normal condition, as it has been kept and used with reasonable diligence. Any sums necessary to repair the damage to the motor vehicle or in any case restore the vehicle will be borne by the consumer and will be withheld from the sums that will be returned to him in accordance with Art. 4.7. The consumer is liable for any diminished value of the assets only where that results from the handling of the assets in any way other than what is necessary to establish the nature, characteristics and functioning of the assets. In this regard, the Seller shall have the right to withhold from the sum to be returned following the withdrawal, as payment of fair compensation, €5 for each kilometre travelled by the vehicle, which exceeds the total of 50 km travelled from the time of delivery of the vehicle to that of the return of the same. In any case, it is understood that, unless otherwise indicated by the Seller, the right of withdrawal may not be exercised where the consumer has travelled more than 150 km.

4.7 - If the right of withdrawal is validly exercised, the Seller shall refund to the Buyer all amounts paid in connection with the vehicle sales contract, including any amounts paid as a deposit, within fourteen (14) days from the date on which the vehicle is returned in accordance with Article 4.5. The refund shall be made by crediting the credit card used for the payment or by bank transfer, unless otherwise expressly agreed with the Buyer, provided that the Buyer does not incur any costs as a result of the refund. It is understood that the amounts paid for registration, vehicle preparation, pre-delivery services and shipping shall not be refunded if such services have been fully performed before the right of withdrawal is exercised, as these are services that have been fully completed within the meaning of Article 59 of Italian Legislative Decree No. 206 of 6 September 2005 (Italian Consumer Code). It is further understood that the Seller shall be entitled to deduct from the refund any amounts reasonably necessary to repair any damage caused to the vehicle or to restore it to its original condition, without prejudice to the applicable legal provisions concerning any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

4.8 - Notwithstanding the provisions of the foregoing paragraph, the Seller is not obliged to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of delivery offered by the Seller.

4.9 - The consumer acknowledges that the Seller may withhold reimbursement until:
(i) the actual return pursuant to Art. 4.5; or
(ii) the consumer has demonstrated that he has returned the vehicle and has fulfilled the commitments referred to in Art. 4.5 Lett. b), whichever occurs first.

4.10 - In the event of withdrawal, the ancillary contracts related to the purchase of the vehicle will be automatically resolved, without costs for the consumer.

4.11 - In accordance with Art. 59, paragraph 1, Lett. c) of the Consumer Code (Legislative Decree no. 206/2005), the right of withdrawal is excluded, inter alia, when the purchase contract provides for a customized vehicle according to the specific needs of the customer.