Pursuant to the provisions of Art. 52 of the Consumer Code (Legislative Decree 206/2005), the Consumer (meaning as such only the natural person who makes the purchase outside his or her business and / or professional activity) has the right to withdraw from the contract, even without cause:
- •for purchases made on www.gobriko.it or by telephone order no later than 30 calendar days from the concrete receipt of the goods;
- • for purchases made on the marketplace no later than 14 calendar days from the concrete receipt of the goods, unless the conditions provided by the marketplace are not improving.
In the event that the Consumer has requested the shipment by cash on delivery, since it is not possible to make the refund through the same system due to the possible violation of current anti-money laundering legislation, the Consumer must indicate in the aforementioned communication the details of the bank account to which to transfer the sum due. In the absence of such data we will not be responsible for any delay in making the refund.
MODALITIES FOR EXERCISING THE RIGHT OF WITHDRAWAL
The right of withdrawal will be considered to have been properly exercised if the Consumer has sent the communication of exercise of the right of withdrawal in the above terms through an explicit declaration, which must consist of a declaration in free form sent by letter, registered letter with or without return receipt, e-mail or PEC in which there are:
the buyer's data (name, surname and address);
his desire to exercise his right of withdrawal;
the details of the order and / or the identification of the purchased good for which he wants to exercise the right;
The above communication must be sent to:
Via San Pio da Pietrelcina 41
25035 Ospitaletto (BS)
PACKAGING AND SHIPMENT OF PRODUCTS
It is he consumer's precise obligation and burden to:
• return the goods complete with all their parts, accessories, manual and anything else received;
• arrange to store the goods in their original packaging as, if not present and / or damaged, it determines a decrease in the value of the goods and, consequently, in the refund.
Pursuant to Art. 57, paragraph 1, Legislative Decree 206/2005 it is the consumer's responsibility to send the goods at his own care and expense, no later than 14 days from the communication of exercise of the right of withdrawal, to the address indicated at the bottom.
It is suggested to include in the shipment a copy of the received purchase order or a copy of the declaration of exercise of the right of withdrawal.
The goods can be returned to:
Vertigo srl - Returns Office
Via San Pio da Pietrelcina 41
25035 Ospitaletto (BS)
MAKING AND AMOUNT OF REFUND
Given that Art. 56 of Legislative Decree 206/2005 states that the refund must be made within 14 days from the communication of exercise of the right, the same article also provides that, in case of sale of goods, the refund can be withheld until the actual receipt of the same, or until the Consumer has demonstrated that he has actually returned the goods.
Without prejudice to the provisions of the following point 5) as applicable, the refund will be made by the same means of payment used for the purchase, with the sole exception of cash on delivery purchases which will be reimbursed – net of the costs of the cash on delivery itself – as described in point 2).
CONSUMER LIABILITY FOR DAMAGE TO PRODUCTS
Given that Legislative Decree 206/2005 establishes
• Art. 57, paragraph 1, which "it is burden and responsibility of the Consumer to ship the goods" and
• Art. 63, paragraph 1, that "the risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only when the latter, or a third party designated by him and other than the carrier, physically takes possession of the goods"
• Art. 57, paragraph 2, that "The consumer is solely responsible for the decrease in the value of the goods resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The consumer shall in no case be liable for the decrease in the value of the goods if the trader has failed to inform the consumer of his right of withdrawal in accordance with Article 49(1)(h)."
since this information is highlighted throughout the purchase process while a link is provided at the bottom of each page, we consider adequately fulfilled the obligation on our part provided for by the second sentence of Art. 57, paragraph 2.
Therefore, if the goods are returned to us damaged or manipulated in such a way as to determine a decrease in value, we will inform the Consumer in order to find a good-natured agreement before the deadline for making the refund. In case of non-agreement, our company reserves the right to:
• contest the non-fulfillment of the obligations imposed on the Consumer and / or
• take the necessary actions to protect its own reasons and / or
• take the most appropriate legal steps in order to protect its rights.
For the same reasons, if the Consumer independently provides for the shipment, we recommend requesting suitable insurance coverage. We will not be liable in any way for any damage caused by the carrier. By way of example but not limited to, the following may constitute default on the part of the Consumer:
• the lack and / or breakage and / or destruction of the packaging for reasons other than transport to the Consumer;
• the lack of integral elements of the product (accessories, cables, instruction manuals, etc.);
• clear and / or evident and / or unequivocal signs of use other than that strictly necessary to test the product;
• the presence of damages of any kind not attributable to transport to the Consumer.