Right of withdrawal

The right of withdrawal (or “cooling-off right”) is the right, granted to consumers by articles 52 to 59 of the Italian Consumer Code (Legislative Decree 206/2005), to cancel a distance contract, such as a purchase on a website, without giving any reason and without penalty, within 14 days.

This page explains how to exercise it for the “Dakar 2027” campaign packages bought on www.rallypov.it and forms part of the General terms and conditions of sale. Capitalised words have the meaning defined in the General terms and conditions of sale.

The right of withdrawal belongs to Buyers who are Consumers, that is natural persons buying for purposes outside any trade, business, craft or profession (article 3 of the Consumer Code).

It applies to all Campaign Packages, including limited-quantity Packages and those for which you asked for the Name on the crate (section 10). For free Donations see section 9.

The withdrawal period is 14 days and runs, under article 52(2) of the Consumer Code:

• from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, physically receives the goods;
• for an order with several goods delivered separately, from the day the last item is received;
• for goods delivered in several lots or pieces, from the day the last lot or piece is received.

Deferred delivery. The Packages are shipped after the Campaign closes, so a long time may pass between order and delivery. You can withdraw at any time before delivery (also during the Campaign or while waiting for shipment) and up to 14 days after receiving the goods. If you withdraw before shipment, the Seller does not ship the goods and refunds you directly.

The deadline is met if you send the withdrawal statement before the 14 days expire (article 54(2)). If the Seller had not given you the withdrawal information, the period would be extended by 12 months (article 53 of the Consumer Code).

To withdraw, simply tell the Seller of your decision to withdraw from the contract before the deadline (article 54 of the Consumer Code). No reason is needed. You can choose between:

• the online “Withdraw from the contract” function: the link is at the bottom of every page of the Site. Enter the order number and the email used for the order and confirm with the “Confirm withdrawal” button. You immediately receive a receipt, on screen and by email, with the content of your statement and the date and time;
• an email to info@rallypov.it with the subject “Withdrawal order no. ...”, stating the order number, the Packages concerned (even only some of them), your name and address;
• the model withdrawal form in section 5, which you also find in the order confirmation email, sent by email or post;
• a registered letter to M@trix s.r.l. Unipersonale, Via Pianette 61, 25064 Gussago (BS), Italy, or a certified email (PEC) to matrix@lapec.pro.

If you do not use the online function, the Seller confirms receipt by email without delay. If the goods have already been delivered, it sends you the return instructions. The burden of proving that you withdrew in time lies with the Consumer (article 54(4)): keep the receipt of the online function, the email sent or the registered-letter receipt.

This is the model withdrawal form from Annex I, Part B, of the Consumer Code. Its use is optional: you can copy it into an email, complete it and send it to info@rallypov.it.

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

• To: M@trix s.r.l. Unipersonale, Via Pianette 61, 25064 Gussago (BS), Italy; email: info@rallypov.it; PEC: matrix@lapec.pro
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): ______________________________
• Order number: ______________________________
• Ordered on (*)/received on (*): ______________________________
• Name of consumer(s): ______________________________
• Address of consumer(s): ______________________________
• Signature of consumer(s) (only if this form is notified on paper): ______________________________
• Date: ______________________________

(*) Delete as appropriate.

The order number is not required by law, but it helps us handle your request faster.

If the goods have already been delivered, you must return them to the Seller without undue delay and in any event within 14 days of the day you communicated your withdrawal (article 57 of the Consumer Code). The deadline is met if you ship the goods before the 14 days expire.

Return address: M@trix s.r.l. Unipersonale, Via Pianette 61, 25064 Gussago (BS), Italy. We recommend a tracked service and keeping proof of postage, as the risk of loss during the return journey lies with the Consumer.

The direct cost of returning the goods is borne by the Consumer (article 57(1) of the Consumer Code) and depends on the courier chosen and the country of dispatch.

You may handle and inspect the goods as you would in a shop. You are liable only for any diminished value caused by handling beyond what is needed to establish their nature, characteristics and functioning (article 57(2)): for example t-shirts worn or washed, a used mug, a damaged calendar or number plate. In that case the Seller may deduct from the refund an amount equal to the diminished value, explaining why. If you can, return the goods in their original packaging; the lack of original packaging does not prevent withdrawal.

The Seller refunds all payments received for the goods concerned, including the original delivery costs, without undue delay and in any event within 14 days of the day it is informed of the withdrawal (article 56(1) of the Consumer Code).

If the goods have already been delivered, the Seller may withhold the refund until it has received the goods back or until the Consumer has shown proof of sending them, whichever comes first (article 56(3)).

The refund is made with the same means of payment used for the purchase (card via Stripe, or PayPal), at no cost to the Consumer, unless the Consumer has expressly agreed to a different means. The time for the amount to appear on the account or card depends on the payment provider.

Extra costs caused by a more expensive type of delivery expressly chosen by the Consumer instead of the standard one are not refunded (article 56(2)). If you withdraw from only some Packages in an order, delivery costs are not refunded if they remain due for the goods you keep.

Article 59 of the Consumer Code excludes withdrawal in some cases. For Campaign Packages these may be:

• goods made to the consumer’s specifications or clearly personalised (letter c), that is made according to the Consumer’s instructions, for example with their name printed on the delivered goods. Today the Campaign Packages are standard goods: choosing a design and size from those available and the Name on the motorcycle crate do not fall within this exception;
• sealed goods not suitable for return for health protection or hygiene reasons, unsealed after delivery (letter e).

If a Package falls within an exception, we state it on the Package page and at checkout, before the order is sent (article 49(1)(m) of the Consumer Code). Without such a statement, withdrawal is always allowed.

With a free Donation you receive no goods or services. You can still ask for a full refund within 14 days of payment, without giving a reason, using the online “Withdraw from the contract” function or by writing to info@rallypov.it. The Seller refunds within 14 days of the request, with the same means of payment.

After 14 days the Donation is not refundable, except for obvious errors in the amount (for example a figure typed by mistake) reported to info@rallypov.it, which the Seller assesses in good faith. Section 10 applies to the Name on the crate.

Supporters of the Campaign can ask for a name to be written on the Malle Moto crate of the Rally POV project. It is a symbolic thank-you that concerns the crate and not the goods delivered, which remain standard goods: it therefore does not limit the right of withdrawal.

If you withdraw (or ask for the refund of a Donation) before the crate has been decorated, the name is not written. If the name has already been applied, it stays on the crate and may appear in the photos and videos of the 2027 Dakar Rally. We remind you of this at checkout, next to the name field, before payment. The Seller does not deduct any amount from the refund for the name on the crate.

Likewise, choosing the design and size of t-shirts from those available is not a personalisation and does not exclude withdrawal.

The right of withdrawal lets you change your mind about a purchase and is exercised within 14 days of delivery. It is different from the legal guarantee of conformity (articles 128 to 135-septies of the Consumer Code), which covers goods that are defective, damaged or not as ordered for two years from delivery and gives the right to repair, replacement, a price reduction or termination of the contract, with return costs borne by the Seller.

If the goods you received are defective or do not match your order, you do not need to withdraw: read the guarantee section of the General terms and conditions of sale and the Shipping and returns page, or write to info@rallypov.it.

For any question about the right of withdrawal:

M@trix s.r.l. Unipersonale
Via Pianette 61, 25064 Gussago (BS), Italy
Email: info@rallypov.it
Certified email (PEC): matrix@lapec.pro