Return and Refunds
1. Right of withdrawal - Notice
1.1 Pursuant to Art. 52 of Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014, the Customer may withdraw from the Conditions and thus from the contract of purchase for any reason, without the need to provide justification, and without any penalty, within 14 (fourteen) business days of (i) when the Product is delivered or (ii) if multiple Products are delivered separately with a single order, when the final Product is delivered.
1.2 To exercise the right of withdrawal set out in Article 5.1 above, the Customer shall send Divo a notice of withdrawal within the period indicated above through the e-mail address firstname.lastname@example.org.
1.3 In the event of withdrawal, the Customer shall return the products, at his/her expense, to Divo within 14 (fourteen) days of withdrawal, by sending them to the address DIVO SRL, VIA DEL MONTE EST 91, LOC. QUATTRO STRADE, 56031, BIENTINA, PISA. The above deadline shall be considered to be met if the Customer dispatches the products before the end of the period of 14 (fourteen) days, regardless of the date on which the Products are then actually delivered to Divo. The goods must be returned intact, with all parts and in their original packaging (bags and packages), kept and used, where appropriate, for the time strictly necessary to determine and verify their nature, characteristics and size, according to due diligence, without any signs of wear and tear or dirt, according to the conditions set out below:
- the right of withdrawal shall be applied to Products purchased in their entirety; withdrawal cannot be exercised solely for a part of a Product purchased (e.g., accessories, complementary articles, etc.);
- in order for withdrawal to be possible, the Product must be intact and returned in its original packaging, complete with all of its parts (including packaging and any documentation and accessory items: labels, cards, tags, seals, etc.);
- shipping costs (and any customs costs, where present) for the return of the Product shall be borne solely by the Customer.
- the Customer shall be solely liable for the shipment of returned Products, until they are received by the warehouse indicated by Divo;
- in the event of damage to the goods during transport, Divo shall inform the Customer thereof, in order to allow him/her to file a timely claim with the carrier chosen by him/her and obtain the appropriate reimbursement; the Product shall then be made available to the Customer and the withdrawal request cancelled;
- Divo shall not be liable in any way for damages, theft or loss that occur during or as a result of return shipment.
1.4 In the event of lawful, proper exercise of the right of withdrawal, Divo shall refund the Customer the entire amount already paid, excluding shipping costs, where incurred by the Customer to receive the Products, net of any supplementary shipping costs set out in Art. 56, par. 2, of Legislative Decree No. 21/2014 (e.g., where the Customer has chosen a type of delivery other than the least expensive type made available by the Site), within no more than 14 (fourteen) days from receipt by Divo of notice from the Customer of the exercise of the right of withdrawal, through a procedure for a refund of the amount debited, using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. In any event, the Customer shall not bear any costs as a consequence of such refund. Divo may suspend the refund until the Product to be returned is received or until the Customer proves that he/she has properly dispatched the Product to be returned, where earlier.
1.5 The Customer shall be liable for a reduction in the value of Products due to use other than necessary to determine their nature, characteristics and functioning. Accordingly, if the Products returned are found to be damaged (e.g., with signs of wear and tear, abrasions, scrapes, scratches, deformations, etc.), not to include all of their components and accessories (inclusive of unaltered labels and tags attached to the Product), or not to be accompanied by the enclosed instructions/notes/manuals, by the original packing and packaging and by the warranty certificate, where present, the Customer shall be liable for the reduction in the value of the Product and shall be entitled to a refund of the residual value of the Product. The Customer therefore should not handle the Products beyond the extent strictly necessary to determine their nature, characteristics and functioning and should cover the original wrapping of the Products with other protective packaging to keep it intact and protect it during transport, including text and labels. Divo reserves the right to verify the condition in which Products are returned due to the exercise of the right of withdrawal and to inform the Customer by e-mail of any reduction in the value of the Products due to handling other than as necessary to determine the nature, characteristics and functioning of the Products, and to provide the refund set out in Article 5.4 above reflecting the said reduction in value.
2. Additional cases of returns
2.1 In the circumstances set out in the final paragraph of Article 4.5 above, the Customer may, within no more than seven (7) days of receipt of the Products, inform Divo of any problems encountered with the Products delivered by sending an e-mail message to the address email@example.com. After conducting the appropriate inquiries, Divo shall provide the Customer with a return form and return code by e-mail and ask the Customer to return the Product within the following seven (7) business days, together with the completed return form and the return code provided to the Customer, by having it delivered or delivering it to: firstname.lastname@example.org
2.2 The Product must be returned or delivered to the above address intact (without signs of wear and tear, abrasions, scrapes, scratches, deformations, etc.), along with all components and accessories and accompanied by the enclosed instructions/notes/manuals, by the original packing and packaging and by the warranty certificate, where present, and in any event in the conditions in which it was delivered to the Customer. Otherwise, the Customer shall not be entitled to a refund.
2.3 Once the returned Product has been checked, provided that the requirements have been met, Divo shall refund the Customer the shipping costs to return the Product, where incurred, and send the Customer a new Product or the Product actually ordered, at no additional charge and as soon as possible. The aforementioned refund shall be provided using the same means of payment as used by the Customer, unless the Customer requests a refund by another means of payment. In this latter case, the Customer shall be liable for any additional costs deriving from the use of such other means of payment.
2.4 The foregoing is without prejudice, in any event, to the application of provisions favourable to the Customer in respect of the legal guarantee of conformity, pursuant to Article 6 above, and in respect of the right of withdrawal, pursuant to Article 5 above.