7. Guarantees and Assistance
8. Right of Withdrawal pursuant to art. 64/67 Legislative Decree no. 206/2005
The right of withdrawal includes several rules. The "consumer" who is not satisfied with the purchase made has the right to withdraw from the contract stipulated within 10 working days from the day of receipt of the goods.
Roberto Cavagnini e C. S.A.S.
VAT number: 04415880980
REA: BS613122
The 24-month guarantee applies to products that have a lack of conformity, provided that they are used correctly and in accordance with their intended use and the attached technical documentation. This guarantee is reserved for private consumers (natural persons who purchase goods for purposes not related to their professional activity). In the event of a lack of conformity, Roberto Cavagnini e C. S.A.S. will, at no cost to the customer, restore the conformity of the product by repair or replacement, or terminate the contract.
The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, the lack of conformity of the purchase cannot be complained about. This right can only be exercised by consumers and not by retailers or VAT holders.
The consumer can exercise the right of withdrawal by submitting a specific complaint or by sending a communication via email or fax. Any communication (including the complaint) must be followed, under penalty of forfeiture, by a registered letter within 48 hours.
All costs for returning the products are borne by the consumer, who must arrange for the same to be sent to the Cavagnini logistics facility via his own forwarder. The risks of transport for the return of the items are entirely borne by the consumer. The items must arrive in the same condition as received, unused and completely intact, with original packaging and any manuals, without any missing parts.
The right of withdrawal lapses in the event that the "essential condition of integrity of the goods" (packaging and/or content) is no longer present, if Cavagnini ascertains: the lack of the original external/internal packaging or use of the product such as to make it impossible to restore the conditions pre-existing to the sale. In such cases, the administration will refund the amount paid by the consumer within the legal deadlines (30 days). Roberto Cavagnini e C. S.A.S. will credit the sum by bank transfer, and the customer must communicate his/her bank details (ABI Code - CAB - Current account of the invoice holder) to receive the refund.
9. Contractual Termination and Express Termination Clause
Roberto Cavagnini e C. S.A.S. reserves the right to terminate the contract stipulated with the customer/consumer, providing simple communication and related reasons; the customer will be entitled, in this case, exclusively to the refund of any sum already paid. The obligations assumed by the customer in point 4 (Buyer's Obligations), as well as the guarantee of successful payment made by the customer pursuant to point 2, are essential. Therefore, non-compliance, even partial, by the consumer and/or customer will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without prejudice to Cavagnini's right to take legal action for compensation for further damages.
10. Jurisdiction and Competent Court
For any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "online", Italian jurisdiction applies. Without prejudice to the provision of art. 63 of Legislative Decree no. 206/2005, any dispute between the parties will be the exclusive jurisdiction of the Court of Brescia.
6. Responsibility
Upon receipt of the goods, whether the packaging is intact or damaged, the customer must sign with reservation of inspection. Only in this case will Cavagnini be responsible for any faults or losses of the products ordered and the customer can exercise the right of withdrawal by filling out the RMA form.
The company is responsible for protecting the customer, who, by signing with reservation of control, can request the replacement of the product or a refund. In the event of damaged goods, the consumer must notify Cavagnini, first by email or fax, and subsequently, within 48 hours of receipt, by communication by registered letter.
Roberto Cavagnini e C. S.A.S. is not responsible for any fraudulent or illicit use by third parties of credit cards, checks and other means of payment during the purchase of the products, not being at any time part of the procedure.