Right of withdrawal

Right of withdrawal

WARRANTIES RIGHT OF WITHDRAWAL
Information pursuant to Legislative Decree No. 206/2005

Purchases made through our website are governed by Legislative Decree No. 206 of 06/09/2005 (Consumer Code), in the sections concerning distance contracts / contracts concluded outside business premises.

How to exercise the right of withdrawal:
The consumer may freely exercise the right of withdrawal within 10 (ten) working days from the receipt of the goods, in accordance with Articles 64–67 of the Consumer Code (link to full text), by sending, within the aforementioned period, a written communication to the headquarters of BER Racing Europe Srl at via Tito Livio, 1 – 41123 Modena, Italy, by registered letter with return receipt or via certified email (PEC) to berracingeurope@poste-certificate.it

The communication may also be sent within the same period by ordinary email to info@berracing.it
, provided that it is confirmed by registered letter with return receipt within 48 (forty-eight) hours thereafter; the registered letter is considered timely sent if delivered to the post office within the aforementioned period.

Alternatively, instead of the written communication, the goods may be returned within the same period in their original packaging, without prejudice to any exclusions specified below.

The withdrawal communication must include the codes of the items being returned and indicate the preferred method for reimbursement of any expenses incurred, so that the refund can be processed as soon as possible (within a maximum of 30 days from receipt of the return notice), after verifying the integrity of the goods.

The consumer is, however, responsible for the costs of returning the goods to the sender when exercising the right of withdrawal.

Exclusions:
The right of withdrawal applies to natural persons acting for purposes not related to their professional activity; purchases made by resellers or companies are therefore excluded from the right of withdrawal.
The right of withdrawal does not apply, moreover, to items delivered in sealed packaging, if opened by the consumer; to items tampered with by the consumer; to items missing any accessories included in the packaging; to items missing their original packaging.

The right of withdrawal is applicable to the product purchased in its entirety, and not to individual parts, complete with packaging and any documentation/accessory equipment, in no way opened or tampered with.
Shipping remains under the full responsibility of the consumer until receipt at the warehouse.
In the event of product damage during transport, the customer will be promptly notified within 5 (five) days of receipt, to allow them to file a claim with the courier they chose and obtain reimbursement of the product value, if insured; the product will then be made available to the customer for return, simultaneously and automatically canceling the withdrawal request.

BER Racing Europe Srl is in no way responsible for damage/theft/loss of goods returned via uninsured shipments; upon arrival at the warehouse, the product will be immediately examined to assess any damage or tampering not resulting from transport.
If the original packaging and/or box is wholly or partially damaged, or missing any part, the customer will be promptly informed and the product will be made available for return, at their own expense.

Jurisdiction and Competent Court
Any dispute relating to the application, execution, interpretation, or breach of purchase contracts concluded “online” through the website www.berstore.it
is subject to Italian jurisdiction; these general terms and conditions refer, for matters not expressly provided herein, to the combined provisions of Legislative Decree No. 50 of 15/01/1992 and Decree No. 185 of 22/05/1999. For any dispute between the parties regarding this contract, the competent court will be that of the consumer’s place of residence if located in the territory of the Italian State; for all other customers, it is agreed that any dispute shall be subject to the exclusive and non-derogable jurisdiction of the Court of Modena.

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