RETURNS, WITHDRAWAL AND REFUNDS
Customer information and instructions for handling returns
1. RIGHT OF WITHDRAWAL
Under Articles 52 et seq. of D.Lgs. 206/2005 (Codice del Consumo), customers purchasing as consumers may withdraw from the contract without giving a reason within 14 calendar days from the day on which they, or a third party designated by them other than the carrier, receive the product. If several goods from the same order are delivered separately, the period starts upon receipt of the last item.
The statutory right of withdrawal covers purchases made by consumers for purposes unrelated to their business or professional activity. It does not automatically apply to professional purchases (B2B).
2. HOW TO GIVE NOTICE OF WITHDRAWAL
To exercise the right of withdrawal, simply send an explicit statement of your decision within the prescribed period to the email address info@lesmoperformances.com. You may use the model withdrawal form at the end of this document, but this is not mandatory.
To facilitate processing, customers are asked to provide their first and last name, order number and date, product and delivery date. Customer service will provide return instructions and the return address. Withdrawal is not conditional on prior authorisation from the seller.
3. RETURNING PRODUCTS
The customer must send back or hand over the goods without undue delay and in any event within 14 days of giving notice of withdrawal. The deadline is met if the goods are sent back before it expires.
The product must be protected with suitable packaging, preferably using the original packaging and internal protective materials. We recommend including accessories, manuals, components and a reference to the order number. Customers are encouraged to use a tracked carrier and, for valuable goods, insured shipping.
4. RETURN COSTS FOR A CHANGE OF MIND
In the event of withdrawal due to a simple change of mind, the direct costs of returning the goods are payable by the customer, provided this information was supplied before the purchase was concluded.
For goods that, by their nature, cannot normally be returned by post, the return cost or a reasonable estimate must be communicated to the consumer before purchase.
Returns involving a lack of conformity or errors attributable to the seller are handled under the statutory guarantee and applicable provisions, without imposing costs on the consumer that the seller must bear by law.
5. CONDITION OF THE GOODS AND DIMINISHED VALUE
The consumer may examine the product to the extent necessary to establish its nature, characteristics and functioning, as would be possible in a physical shop. The consumer is liable for any diminished value resulting from handling beyond such examination, within the limits of Article 57 of the Codice del Consumo.
Signs of installation or use, scratches, dents, changes to finishes, modifications, missing parts or deterioration attributable to unnecessary handling may be assessed on a case-by-case basis.
Opening the packaging or simply installing the product does not automatically exclude withdrawal.
6. PERSONALISED AND CUSTOM-MADE PRODUCTS
Under Article 59 of the Codice del Consumo, the right of withdrawal is excluded for goods made to measure or clearly personalised, where the legal conditions are met. Examples include components manufactured to dimensions, configurations or modifications specifically requested by the customer.
A standard product ordered by the seller from the supplier only after the purchase does not become a personalised product for that reason alone. Any applicable exclusions are clearly communicated before the order.
7. REFUNDS
In the event of valid withdrawal, the seller refunds payments received, including the initial delivery costs up to the amount of the least expensive standard delivery option offered, without undue delay and in any event within 14 days of the notice of withdrawal.
Unless the seller has offered to collect the goods, the seller may withhold the refund until the goods have been received or the consumer has supplied evidence of having sent them back, whichever occurs first.
The refund is made using the same payment method initially used, unless otherwise expressly agreed, at no additional cost to the consumer. The statutory rules on diminished value remain applicable.
8. INSURED SHIPPING AND TRANSPORT DAMAGE
Shipments made by Lesmo Performance are insured against transport damage, within the limits and subject to the terms of the relevant policy. To help establish the damage and open a claim with the carrier or insurer, customers are asked to cooperate by carefully following the instructions below.
SIGNATURE SUBJECT TO INSPECTION. The recipient is asked to sign, where the carrier's system permits, with the wording "ACCEPTED SUBJECT TO INSPECTION", even if the outer packaging appears intact. If there is visible damage, make a specific reservation describing the irregularities (for example: crushed cardboard, a hole, wet or opened packaging).
PHOTOGRAPHS AND VIDEO. Please photograph the parcel before opening and, where possible, document unpacking with a continuous video. Take detailed photographs of any product damage, retain the packaging and protective materials and do not install clearly damaged components before contacting support.
REPORTING. In the event of damage, promptly contact info@lesmoperformances.com, stating the order number and attaching any available photographs and videos. Prompt reporting can facilitate the insurance investigation and dealings with the carrier.
IMPORTANT. Signing subject to inspection, photographs and videos are strongly recommended precautions for documenting transport. Their absence may make it more difficult to reconstruct events, but does not automatically result in the loss of rights to the statutory guarantee, replacement or refund where required by law. Insurance procedures between the seller and carrier do not reduce consumers' mandatory rights.
9. DEFECTS AND STATUTORY GUARANTEE
The right of withdrawal is separate from the statutory guarantee of conformity governed by Articles 128 et seq. of the Codice del Consumo. In the event of a lack of conformity, consumers may obtain repair or replacement under the conditions laid down by law and, where the requirements are met, a price reduction or termination of the contract. Statutory remedies owed to the consumer are provided free of charge.
10. INTERNATIONAL PURCHASES
For international sales, the mandatory consumer protection rules under the applicable law remain in force, including, where applicable, those of the consumer's country of habitual residence. Customs formalities may be required for non-EU returns; any costs and responsibilities are determined according to applicable legislation and the information provided before purchase.
11. CONTACT DETAILS
Lesmo Performance
Si Apr Commerce S.r.l.
Contact for assistance and returns: info@lesmoperformances.com
Email: info@lesmoperformances.com
For withdrawal, return, refund or assistance requests, use the contact details above. These terms do not limit the mandatory rights granted to consumers.