Annex B — Returns and Refunds Policy

Introduction

This Annex forms an integral part of the Secondgear Terms and Conditions of Use (the "Terms") pursuant to Section 4.3 thereof and sets out the operational details of Section 13.

The applicable rules depend on the Seller's status, shown on each Listing and in the order confirmation. The summary below sets out the regimes.

• Withdrawal (change of mind) — Purchase from a Professional Seller: Yes — 14 days (Article 52 of the Consumer Code); Purchase from a Private Seller: No

• Guarantee on the goods — Purchase from a Professional Seller: Legal guarantee of conformity, 24 months (minimum 12 for second-hand goods if agreed); Purchase from a Private Seller: Warranty against defects under Article 1490 of the Italian Civil Code, notice within 8 days of discovery, time limit 1 year

• Secondgear Guarantee — Purchase from a Professional Seller: Yes, in addition to and without limiting statutory rights; Purchase from a Private Seller: Yes, 48 hours from delivery

• Return costs — Purchase from a Professional Seller: Borne by the Buyer; Purchase from a Private Seller: Borne by the Buyer

• Refund of delivery costs — Purchase from a Professional Seller: Yes, in case of withdrawal; Purchase from a Private Seller: No

PART I — WITHDRAWAL FROM A PURCHASE FROM A PROFESSIONAL SELLER

B.1 — Conditions

The right of withdrawal belongs to the Consumer Buyer who has purchased from a Professional Seller. It does not belong to a Buyer acting in the course of a business or professional activity, nor does it apply to purchases from a Private Seller.

B.2 — Time limit

Fourteen days from the day on which the Buyer, or a third party designated by them other than the carrier, acquires physical possession of the Item. For orders with several Items delivered separately, from receipt of the last one.

The time limit is met if the communication is sent before it expires.

B.3 — How to exercise the right

The right of withdrawal is exercised, alternatively:

a) by using the "Request a return" function in the order details, selecting "withdrawal" as the reason;

b) by an explicit statement sent to the Seller via internal messaging;

c) by using the model form reproduced in Section B.9.

Secondgear forwards the communication received to the Seller without delay and confirms its receipt to the Buyer on a durable medium.

B.4 — Return of the Item

The Buyer returns the Item within fourteen days of notifying the withdrawal, using the return label generated by the Platform or another agreed traceable means.

The direct costs of return are borne by the Buyer, pursuant to Article 57(1) of the Consumer Code, the Buyer having been informed of this before the contract was concluded through the Terms and this Annex.

The Item must be returned intact, complete with all accessories and with the original packaging where available.

B.5 — Diminished value

The Buyer is liable for any diminished value of the Item resulting from handling other than what is necessary to establish its nature, characteristics and functioning. The Seller may withhold from the refund an amount corresponding to the diminished value, stating the reasons and the method of calculation.

B.6 — Refund

The Seller refunds all payments received, including standard delivery costs, within fourteen days of the notice of withdrawal.

The refund is made using the same means of payment used for the original transaction, unless otherwise agreed and at no cost to the Buyer.

The Seller may withhold the refund until the Item has been received or until the Buyer has provided proof of having shipped it, whichever is earlier.

Where the Buyer chose a delivery method other than, and more expensive than, the standard delivery offered, the Seller is not required to refund the additional costs.

B.7 — Exclusions

The right of withdrawal is excluded in the cases provided for by Article 59 of the Consumer Code, including:

• goods made to the consumer's specifications or clearly personalised;

• sealed goods which are not suitable for return due to health protection or hygiene reasons, if unsealed after delivery;

• goods which, after delivery, are by their nature inseparably mixed with other items.

B.8 — Legal guarantee of conformity

Regardless of withdrawal, a Consumer Buyer who has purchased from a Professional Seller is entitled, in the event of a lack of conformity, to the remedies referred to in Articles 130 et seq. of the Consumer Code — repair, replacement, price reduction, termination of the contract — to be exercised against the Seller, within twenty-four months of delivery.

For second-hand goods, the period may be reduced by express agreement and in no case below twelve months, pursuant to Article 134(2) of the Consumer Code. The reduction is valid only if stated in the Listing and specifically accepted before the purchase.

B.9 — Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract — Annex I, Part B, of the Consumer Code)

To: [name of the Seller, as shown in the order confirmation]
via Secondgear — [email protected]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*)
contract of sale of the following goods:

_______________________________________________________________

Order No. ____________________
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.

PART II — SECONDGEAR GUARANTEE (48 HOURS)

B.10 — Nature and scope

The Secondgear Guarantee is a voluntary contractual protection established by Secondgear and accepted by both the Seller and the Buyer by agreeing to the Terms, as described in Section 13.4 thereof.

It is not a guarantee on the goods given by Secondgear and does not mean that Secondgear takes on the role of seller, guarantor or insurer.

It applies to purchases from a Private Seller. For purchases from a Professional Seller, it is in addition to, and does not limit, statutory rights.

B.11 — Time limit

The return request must be submitted within forty-eight hours of the carrier recording the delivery.

B.12 — Admissible reasons

• Item not received — The parcel was not delivered and tracking has stalled beyond the expected time

• Not as described — The Item differs significantly from what is described or shown in the Listing, including as regards model, condition or declared kinetic energy

• Undeclared defects — The Item has defects not indicated in the Listing that impair its use

• Counterfeit Item or Item of unlawful origin — The Item turns out to be counterfeit or of unlawful origin

• Item damaged in transit — The damage emerged on delivery, with a reservation made under Section 11.6 of the Terms

A change of mind is not an admissible reason, nor is a subsequent loss of interest in the purchase.

B.13 — Documentation

The request must be accompanied by: photographs of the Item received and of the parcel; a photograph of the shipping label; a detailed description of the discrepancy; any other useful information.

Requests without sufficient documentation may be rejected, after a request for additional information with a deadline.

B.14 — Stages of the procedure

• Stage 1 — Status: Request submitted; Who acts: Buyer; Deadline: Within 48 h of delivery

• Stage 2 — Status: Awaiting response; Who acts: Seller: accepts or rejects with reasons; Deadline: Within 48 hours of the request

• Stage 3 — Status: Awaiting shipment; Who acts: Buyer: receives the label and hands over the parcel; Deadline: Within 7 days of acceptance

• Stage 4 — Status: In transit; Who acts: Carrier; Deadline: According to delivery times

• Stage 5 — Status: Received; Who acts: Seller: confirms receipt and condition; Deadline: Within 48 hours of delivery of the return

• Stage 6 — Status: Refunded; Who acts: Secondgear checks the outcome and issues the refund; Deadline: Without delay after the Seller's confirmation

Seller inaction at stage 2: if the deadline passes without a response, Secondgear sends the Seller a reminder and takes over monitoring of the request under Section 13.4 of the Terms, and may decide to accept it. The funds remain unavailable until the matter is settled.

Buyer inaction at stage 3: if 7 days pass from acceptance without the parcel being handed over to the carrier, the return request lapses. The Item can no longer be returned for the same reason and the payout to the Seller is made in the next available cycle.

Seller inaction at stage 5: once 5 days of estimated transit plus 48 hours have passed, the case is automatically referred to Secondgear for review, and Secondgear informs both parties. The funds remain unavailable until the matter is settled. The system takes no automatic decision on the funds.

Rejection by the Seller: the Buyer may open a formal dispute under Section 28.2 of the Terms.

B.15 — Return

If the request is accepted, the Platform generates a return label, which the Buyer downloads from their personal area. The Item must be handed over according to the instructions provided, in the original packaging where available and in any case in a condition suitable for transport.

The Item returned must be the same one received, complete with all accessories. Returning a different or incomplete Item, or one that has deteriorated beyond what is necessary for inspection, constitutes a serious breach of the Terms.

B.16 — Calculation of the refund

Refund = (unit price × quantity) − cost of the return label

The following are not refunded:

• the original shipping costs, as they relate to a service duly performed;

• any customs clearance fees and import taxes;

• storage or return-to-sender costs attributable to the Buyer.

The cost of the return label is borne by the Buyer and equals the shipping rate applied to the Item in the original shipment. It is shown to the Buyer before the return request is confirmed.

Partial refunds are not allowed. The refund covers the whole Item. In orders with several Items, the procedure is separate for each of them.

Exception — Item not received: where the reason is non-delivery, since there is no return, the refund equals the price of the Item plus the shipping costs and any customs clearance fees charged.

B.17 — Effects on funds

From the submission of the request until it is settled, the payout to the Seller for the Item concerned is suspended under Section 10.6 of the Terms.

If the request is rejected or cancelled, the funds are released to the Seller in the next available payout cycle.

Where the refund is made after the payout has already been made, the recovery mechanism referred to in Section 10.7 of the Terms applies.

B.18 — Preservation of rights

The expiry of the forty-eight-hour period only means that the Platform's involvement ends.

It does not cause the loss of any rights the Buyer has by law against the Seller, in particular:

• the legal guarantee of conformity under Articles 128 et seq. of the Consumer Code, for purchases from a Professional Seller;

• the warranty against defects under Articles 1490 et seq. of the Italian Civil Code, for purchases from a Private Seller, with notice within eight days of discovery and a one-year time limit from delivery;

• the action for breach of contract and compensation for damage.

These rights remain enforceable through the ordinary channels, without prejudice to the possibility of using the out-of-court dispute resolution tools referred to in Section 28.4 of the Terms.

B.19 — Misuse of the procedure

The following constitute a serious breach of the Terms: repeatedly submitting manifestly unfounded requests; attaching altered documentation; returning Items other than those received; using the procedure to obtain a price reduction that was not agreed.

Such conduct entails the adoption of the measures referred to in Section 20.3 of the Terms and may, where the conditions are met, justify an action for compensation for damage.