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General Conditions of contract for the use of the website

1. Definitions.

For the purposes of the present general conditions:
- the term “Ducati” is to be intended as Ducati Motor Holding S.p.A., with registered office in Bologna (BO), Via Cavalieri Ducati n. 3, Italy, VAT and Tax Code number 05113870967, Bologna Registrar of Companies number 05113870967;
- the term “Website” is to be intended as the website shop.ducati.com owned by Ducati and managed by Triboo Digitale S.r.l. - a Triboo Group company, with registered office in Milan (MI), Viale Sarca n. 336, Italy, VAT and Tax Code number 02912880966, Milan Registrar of Companies number 02912880966 (hereafter “TRIBOO DIGITALE”), Ducati licensee for the sale of products through the Site;
- the term “User” or “You” is to be intended as any visitor and/or user of the Website

2. Subject matter of the contract

This agreement contains the general conditions of contract applicable to the User relevant to the use of the Website and the services rendered available through the Website.
The present general conditions of contract regulate the use of the Website, the responsibility of the User and, together with other aspects, the limits of the responsibility of Ducati and TRIBOO DIGITALE. Before using the Website, please read the entire contents of the present general conditions of contract.
By accessing any part or section of the Website, the User accepts to be legally bound by the present general conditions and commits to comply with the same.
In the case You do not agree with any of the present general conditions, please refrain from using the Website.
The User must be an adult (18 years of age) and, therefore, to have an age sufficient to undertake the legal liabilities and responsibilities resulting from the use of the Website. On the contrary, the User must refrain from utilising the Website.

3. Intellectual property protection

The User recognises that the written material, the data, the software, the photographs, the graphs, the videos, the graphics, the music, the sounds, the images, the illustrations, the designs, the icons and any other material present on the Website are protected by copyright or other provisions on the subject of intellectual property and are the exclusive property of Ducati and/or third parties.
The copying, reproduction, even partially, the downloading, the saving, the communication to third parties, the publication or circulation utilising any means and more in general any act of disposition or use of the material contained in the Website, in every form, through the media and technologies in existence or to be developed in the future are prohibited, save express instructions to the contrary contained in the Website or subsequent to written authorisation granted by Ducati and/or the respective owners of the rights.

4.Trademarks

“Ducati” and “Ducati Corse” are figurative and denominative trademarks registered and owned by Ducati, just as the logos used in the Website.
Third party trademarks and logos present in the Website are the exclusive property of the respective owners.
The use or reproduction in any form and method of such trademarks and logos is prohibited

5. Website acceptable use

The Website and its contents are exclusively for personal and non-commercial use.
The User can use the Website only for legitimate activities and must not use the Website for any activities that turn into any violation of the rights of Ducati or third parties.
It is expressly forbidden to utilise any part or section of the Website and the material present on the Website for directly or indirectly commercial or advertising activities of any type, save express written authorisation by Ducati.
Users that commit fraudulent or illegal acts shall be prosecuted pursuant to the law.

6. Characteristics of the products and services

Users from every part of the world can access the Website and the Website can contain references to products and services that are not available or subject to restrictions in the country of residence of the User. The existence of such references does not imply that Ducati and TRIBOO DIGITALE intend to make the products and services available in the country of the User or that such products and services can be legally utilised in the country of the User.
Ducati and TRIBOO DIGITALE reserve the right to not make specific products and services available or to modify the characteristics at any time, without prior notification or obligations, and without being held to apply such modifications to products and services eventually already purchased by the User.
Products and services for sale on the Site are for sale only in the countries expressly indicated.
Information about products and services on the Site, periodically updated, has a mere indicative value and is not binding for Ducati and TRIBOO DIGITALE. Ducati and TRIBOO DIGITALE will not be liable for any mistakes in copy and/or translation

7. No Warranty, Disclaimer of Liability and Indemnity

While every effort has been made by Ducati and TRIBOO DIGITALE to ensure the high quality and accuracy of the Website, the written material, information and services included or available through the Website can contain inaccuracies or errors.
Ducati and TRIBOO DIGITALE do not issue any type of guarantee or declaration relevant to the suitability, reliability, availability of the Website and regarding the accuracy of the information, contents and services of the Website.
Within the limits consented by the law, Ducati and TRIBOO DIGITALE cannot be held responsible towards the User and eventual third parties for direct or indirect damages of any type  deriving from, or in any way connected to, the use of the Website and its services, for the delay or impossibility to utilise the Website or its relevant services, to the supply or lack of supply of the services, or any information, contents or service obtained through the Website.
Within the limits consented by the law, Ducati and TRIBOO DIGITALE decline every responsibility relevant to the consequences deriving from the possible malfunctions of the Website and/or for damages that can derive both towards the User and eventual third parties.
In no case shall Ducati and TRIBOO DIGITALE be responsible towards the User, towards persons directly or indirectly connected to the User and towards third parties for the damages, the loss and costs supported in consequence of suspensions or interruptions in the operation and availability of the Website due to force majeure or fortuitous events.
In no case shall Ducati and TRIBOO DIGITALE be held responsible for any type of direct or indirect, lesion, loss, request or damage of any type or in any way connected to the utilisation of the Website that is not in compliance with the present general conditions, even if Ducati and TRIBOO DIGITALE were informed regarding the possibility of the damages.
Due to the characteristics and the technical limitations relevant to the protection of the electronic communications via Internet, Ducati does not guarantee that the information or data visualised by the User, also eventually by means of the eventual reserved areas of the Website, is not accessible or visible by unauthorised third parties.
If, notwithstanding the above, Ducati or TRIBOO DIGITALE are deemed responsible for damages or losses relevant to the utilisation of this Website, the User accepts and acknowledges that the compensation due from Ducati or TRIBOO DIGITALE cannot, in any case, exceed the cost (should the same exist) sustained by the User for the use of the Website.
With exception of the warranties expressly indicated in the Website and/or provided that are compulsory pursuant to the laws in force, the products and services present on the Website are supplied without any type of express or implicit guarantees. No guarantee is given relevant to the fact that: (i) a User shall receive the products and services available through this Website at the lowest possible price on the market; (ii) the use of this Website shall be exempt from errors; (iii) regarding the results that can be obtained utilising the Website, or (iv) regarding the accuracy, reliability or quality of any content relevant to the information and advice supplied or made available through the Website

8. Links to other websites

The Website can contain references to products and services supplied by third parties or links to third party websites.
Ducati and TRIBOO DIGITALE do not guarantee and do not assume any responsibility regarding the contents and information supplied by such third parties, their completeness or accuracy or relevant to the contents of the websites of these third parties.
Ducati and TRIBOO DIGITALE do not guarantee and are not in any way responsible for the contents, the availability, the functioning and the fulfilments of any website that can be linked to this Website or from which access to this Website is available.
The linking on behalf of other websites to the present Website through hyper textual links to its home page can be freely carried out.
Deep linking or any linking techniques to prevent the recognition of (or mask) authorship of the content (framing) are strictly prohibited

9. Privacy protection

Ducati and TRIBOO DIGITALE shall handle the User data with correctness and maximum attention by means aimed at guaranteeing the safety and the full respect of the Italian law in force (Legislative Decree 196/2003 - Data Protection Code).
In order to consent the activation of specific functions, the Website shall utilise so-called cookies, files sent to the Users browser from the Website server, stored on the Users hard disk and relayed from the User's computer to the Website server on subsequent visits to the Website. The User can, at his/her own choice, be informed regarding the use of the cookies or limit the use or block the use of the same through the modification of the relevant options to his/her browser, or permanently delete the cookies through his/her browser settings.
For further information about privacy and the processing of personal data, as well as the use of cookies from the Website, please see the “Privacy Notice” available via the link at the bottom of each page of the Website

10. Information, reports and complaints

For any information, request, reports or complaint, please use the Contact Us form or contact:
TRIBOO DIGITALE S.r.l., Viale Sarca n. 336, Milano.
Tel. +39-02-64741401
Fax:+39-02-64741491
E-mail: official.shop@ducati.com

11.Changes to the Website

The information and contents of the Website are subject to periodic changes.
Ducati and TRIBOO DIGITALE can make improvements and/or changes to the Website and/or its contents at any time, without any type of prior notice or obligation.
Ducati and TRIBOO DIGITALE reserve the right, in their sole discretion and without notice, to suspend, change, modify or to restrict the use and accessibility of the Website at any time.

12. Miscellaneous

The present general conditions of contract represent the entire agreement between the User, Ducati and TRIBOO DIGITALE relevant to the utilisation of the Website and supersedes any prior statement or representation.
The User declares to be informed that the purchase or reservation of products or services, or the fruition of specific services or parts of the Website are subject to contractual provisions as indicated from time to time on the Website.
Ducati reserves the right, at its complete discretion, to modify the present general conditions at any time, advising of the new general conditions on the Website.
The new general conditions of contract shall be in force and effective from the time that they are published on the Website.
The utilisation of the Website by the User will be subject to the general conditions published on the Website at the time of utilisation of the Website itself.
The headings of the clauses utilised herein are for convenience only and they do not affect interpretation.
In case any provision in this agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

13. Language

These general conditions of contract are compiled in Italian and in English. In whatever case of discordance between the two texts or doubts about their interpretation, the Italian one will prevail.

14. Applicable law

These general conditions of contract will be governed by and interpreted in accordance with the laws of Italy.
For all herein expressly not provided for, the provisions of Italian law are in force, and in particular, for “consumers”, the provisions of Italian Legislative Decree n. 206/2005 (Consumer Code).

15. Jurisdiction

Save for the compulsory provisions of the law in favour of the “consumers”, any controversy arising from these general conditions of contract will be subject to the exclusive jurisdiction of the Court of Bologna, Italy.

V.16062011

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