TERMS AND CONDITIONS OF SALE
Date of publication on the website and entry into force 08/07/ 2015
1.1. These terms and conditions of sale apply to the purchase of "Ducati"-branded Products (hereinafter "Products") performed through the e-commerce website shop.ducati.com (hereinafter the "Website") by users that can be qualified as "Consumers" pursuant to the following article
1.2. The website, owned by Ducati Motor Holding S.p.A. – a Sole Shareholder Company – an Audi Group Company, with registered office in Via Cavalieri Ducati n.3, Bologna, Italy, tax code, VAT number 05113870967 and registration number with the Companies Register of Bologna no. 05113870967 (hereafter "Ducati"), is managed by Triboo Digitale S.r.l. – a company of the Triboo group - with registered office in Viale Sarca 336 20126 Milan, Italy, tax code, VAT number and registration number with the Register of Companies in Milan 02912880966, e-mail email@example.com, tel. 02.64741401, fax 02.64741491 (hereinafter “TRIBOO DIGITALE”).
1.2. TRIBOO DIGITALE deals with the sale of Products through the Website on behalf of Ducati, as Ducati sales dealer. The purchases of Products made through the Website will involve the contractual parties TRIBOO DIGITAL, as the seller (hereinafter the "Seller"), and the subject that purchases one or several Products for purposes not related to their own business, commercial, craft or professional activity, as Purchaser (hereinafter the "Consumer"), (Seller and Consumer will be collectively referred to as the "Parties").
1.3. Ducati is not part of this contract of sale, but is owner of the rights to the domain name of the Website, logos and trademarks related to the Products presented on the Website, as well as of the copyright on the Website and content.
1.4. Any communication of the Consumer connected and/or relating to this contract and the purchase of Products through the Website - including any complaints, reports, requests concerning the purchase and/or delivery of the Products, exercising of the right of withdrawal, etc. - must be sent to the Seller at the address and in the manner set out in these conditions and on the Website: preferentially, such communications may be transmitted by electronic mail to the e-mail address firstname.lastname@example.org
1.5. The Products can only be ordered by the Consumer through the process provided on the Site, to the exclusion of any other form or method of purchase. Every purchase of Products is governed by the terms and conditions of sale in the version that will be published on the Website at the time of transmission of the order by the Consumer to the Seller through the Site, in accordance with art. 3 below.
1.6. The Website is dedicated to retail and as such is intended for the exclusive use of the Consumer, as defined in the preceding paragraph. 1.2. Subjects that do not hold such a qualification are advised not to make purchase orders.
1.7. If, however, the purchase of the Products should be carried out by a subject not qualified as a Consumer under the preceding paragraph 1.2, these terms and conditions of sale will in any case find application but, by way of exception to the provisions generally contained therein:
1.8. In order to make purchases through the Site the legal capacity to act and the legal age (18 years) are required, that the Consumer declares they possess.
1.9. Any costs incurred to connect via the Internet to the Site are the sole responsibility of the Consumer, including the telephone, according to the fees charged by the operator chosen by the same consumer.
2. Characteristics of the Products and their availability in the different geographical areas.
2.1. The Products are sold with the characteristics described on the site and under the terms and conditions of sale posted on the Site at the time of sending of the order by the consumer, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to change these terms and conditions of sale at any time, at its discretion, without giving any notice to users of the site. Any changes will be effective from the date of publication on the Site and will only apply to the sales concluded from that date.
2.3. The prices, the Products for sale on the Site and/or their characteristics, are subject to change without notice. Before sending the purchase order pursuant to the following para. 3, the consumer is asked to verify the information and, in particular, the final sale price of the Products of interest.
2.4 The Site can be accessed from all over the world. However, the Products available on the site can only be bought by domiciled consumers and that request relevant delivery in one of the States listed on the site.
2bis. Gift Card.
2bis.1. Description and validity of the Gift Card.
2bis.1.1. The virtual "Gift Card", available in the fixed amounts provided on the Site, may be used by the consumer or by a Third Party to purchase any Product on the Site, with the exception of additional Gift Cards until exhaustion of its value. The Gift Card is not nominative.
The consumer can buy one or several gift cards for personal use or to be given as a gift to a Third Party.
The Gift Card purchased cannot be credited and can be used repeatedly until exhaustion of the related credit only for the purchase of Products - with the exception of additional Gift Cards - through the Site.
2bis.1.2. The Gift Card, which will be provided in electronic format and sent via e-mail, can be purchased on the site using the following link For the consumer registered with the Site and that has authenticated this registration (by logging in to the site), the fields for the name and the e-mail address will be already filled in with the respective data specified during registration on the Site.
2bis.1.3. The Gift Card is valid for 12 (twelve) months:
(i) From receipt by the consumer of the Gift Card activation e-mail, or
(ii) from receipt of the e-mail containing the code of the Gift Card from the Third Party, if the Consumer has purchased the Gift Card as a gift to a Third Party.
2bis.1.4. The amount paid for the purchase of the Gift Card will be transferred to the Seller as an interest-bearing deposit. It cannot be converted into cash or be credited to a credit card or into a bank account.
2bis.1.5. Purchase of the Gift Card is not subject to VAT pursuant to art. 2, para. 3, letter a) of Italian Presidential Decree 633/1972. The purchase invoice will therefore indicate the words "Excluded from the scope of VAT in accordance with art. 2, para. 3, letter a) of Italian Presidential Decree 633/1972".
2bis.2. Method for purchasing the Gift Card - Perfection of the purchase contract.
2bis.2.1. If the Gift Card is given as a gift to a Third Party, through activation of the relevant option "buy as a gift" on the Site, the Consumer will be entitled to request delayed transmission of the Gift Card to the Third Party, by selecting the date of shipment of the same within a period of ninety (90) days from the time of purchase of the Gift Card. Where no date is specified for sending of the Gift Card to the Third Party, this will be sent by e-mail to the Third Party as soon as verification of the success of payment for the Gift Card is completed.
The Third Party to whom the Gift Card is being given will be entitled to use it, until the exhaustion of its value, according to these terms and conditions.
In the form relating to the Gift Card to be given as a gift to the Third Party, the Consumer will be asked to indicate:
- The sender's name (already completed if the consumer has logged into the site);
- The e-mail address of the sender (if the consumer if the consumer has logged into the site);
- The recipient's name;
- The recipient's e-mail address;
- Confirmation of the recipient's e-mail address;
- Date of sending of the e-mail (optional);
- Text of the accompanying message (optional).
In the event that the consumer wishes to purchase a Gift Card as a gift to a Third Party, they must provide the name and e-mail address of this Third Party during the purchase process. This data will be used exclusively to allow sending by the Seller of the Gift Card to the Third Party via e-mail, its release and for fulfilment of the resulting services and obligations of the Seller. This data (name and e-mail address of the Third Party) will only be retained until confirmation of the release of the Gift Card by the Third Party, to be carried out as described below, or, if chronologically afterwards, until expiry of the term for exercising of the right of withdrawal by the consumer: Once the Gift Card has been released, or, if chronologically afterwards, once the deadline for exercising the right of withdrawal by the consumer has expired, the data relating to the Third Party that is being processed for the purposes stated herein will be deleted. The consumer is alerted and declares they are aware that an erroneous e-mail address of the Third Party to whom they wish to send the Gift Card, indicated by the consumer during the purchase process of the Gift Card, will make it impossible for the Third Party to receive and use the same Gift Card, without the possibility of any liability being assumed by the Seller.
2bis.2.2. Before its sending, the consumer will view a summary of their order, the content of which they will be able to edit: therefore, the consumer, after carefully reading the order, must expressly approve these terms and conditions of sale and the terms specifically listed under art. 1341 of the Italian Civil Code, via the appropriate check marks (check-box) on the Site, and finally, through the button "Confirm order with obligation to pay", the consumer will be asked to confirm their order, that will definitively be sent to Seller and will produce the effects described in paragraph 3.2. below of these terms and conditions of sale. During viewing of the order summary, the consumer will also be asked to choose the method of payment from those available listed on the site. If the consumer opts for the instant payment method (simultaneous to purchase) by credit card, PayPal or bank transfer - in the latter case, with the exclusion of purchases made from China, Croatia, Denmark, Hong Kong, Hungary, India, Indonesia, New Zealand, Poland, the Korean Republic, Romania, Saudi Arabia, Singapore, South Africa, Taiwan, Thailand, Turkey and the UAE – they will be required to communicate their relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the general information indicated by the Consumer. If payment is made by credit card, the purchase amount will only be debited at the time of transmission of the order confirmation by the Seller to the Consumer.
2bis.2.3. After the procedure specified in the previous paragraph 2bis.2.2., the Consumer who has ordered one or several Gift Cards will receive an e-mail confirming their order containing the order number, a summary of their order and these terms and conditions of sale.
2bis.2.4. After the verification related to the completion of payment, made according to the method chosen by the consumer:
i.the consumer will receive a Gift Card activation e-mail that contains the order number, the code of the Gift Card and its value, the expiry date and a "PDF" format file, one for each Gift Card purchased, containing the relevant detailed information.
ii.If the Consumer has purchased the Gift Card as a gift to a Third Party, the consumer will receive an e-mail containing the order number, the code of the Gift Card with the final characters obscured and its value. In the event that the Consumer has requested sending of the Gift Card to a Third Party on a certain date, the activation e-mail will be sent on the date pre-chosen by the consumer.
iv.Following the positive release of the Gift Card by the Third Party, made via the link in the e-mail referred to in point (iii), the Consumer of the Gift Card will receive a further e-mail confirming receipt of the Gift Card by the Third Party.
It is expressly understood that, in the event of a Gift Card purchased as a gift to a Third Party, the term of twelve (12) months of validity of this will commence from receipt by the Third Party of the above activation e-mail referred to in point (iii ), regardless of the date of any release of the Gift Card via the link in the same e-mail.
2bis.3. Method of use of the Gift Card.
2bis.3.1. Immediately after activation, or, in the case of choosing the 'buy as a gift " option on the Site, immediately after the successful release of the Gift Card by the Third Party referred to above in para. 2bis.2.4, section (iii), the Gift Card can be used for the purchase of any Product on the site, also to cover the costs of delivery and, if present and available on the Site, for greeting cards and gift boxes. The Gift Card cannot be used to purchase additional Gift Cards. Activation and use of the Gift Card will involve an extra cost.
2bis.3.2. Several Gift Cards can be used for the same order of Products on the Site.
2bis.3.3. In order to purchase Products through the use of a gift card, it is necessary to enter the code of the Gift Card in the appropriate field on the page of the virtual shopping basket.
2bis.3.4. The Gift Card can be used for most purchases on the site until exhaustion of all of the credit, within the period of its validity.
2bis.3.5 Where the total amount of the order exceeds the available credit on the Gift Card, the outstanding amount must be paid by the consumer or Third Party with one of the payment methods available on the Site, in order to complete the order.
2bis.3.6. After the expiry of its validity term (12 months), the Gift Card can no longer be used and any remaining credit relating to this Gift Card will not be refunded.
2bis.3.7. Should one or several Products present in the purchase order paid (fully or partially) via Gift Card not be available, the Seller will cancel the order, resulting in full repayment of the amount paid. The credit of the Gift Card used for this order will be credited onto the Gift Card, while any remaining amount paid with another method of payment will be returned through the same means of payment selected by the consumer at the time of order confirmation.
2bis.3.8. The consumer, if registered on the site, can view in their private area:
(A) for every order, the detail of the Gift Cards purchased;
(B) for each Gift Card (excluding those given as a gift to a Third Party) the status of each Gift Card (remaining credit and expiry date).
2bis.3.9. Even in the absence of prior registration on the Site, the Consumer or Third Party can check the status of their Gift Cards (remaining credit and expiry date) in the section of the virtual shopping cart by clicking the appropriate button and subsequently entering, in the relevant field, the code of the Gift Cards.
2bis.3.10. the consumer is expressly warned and declares being aware that knowledge of the code of the Gift Card allows its use by anyone through the Site. The code must therefore be carefully kept and guarded by the consumer or by any Third Party to whom it has been communicated. With reference to the use of the Gift Card, it is understood that between the consumer or Third Party to whom the gift card was given as a gift and the Seller, the provisions resulting from the texts, including computer-based, of the sale system of the Seller shall prevail.
2bis.4. Right to withdraw from the purchase of a Gift Card.
2bis.4.1. The consumer is entitled to cancel the contract of purchase of a Gift Card, without penalty, within the period of 14 (fourteen) days from purchase of the relevant Gift Card, which is the date of receipt of the Gift Card activation e-mail.
The right of withdrawal under this paragraph is expressly excluded and exercising will not be possible with reference to a Gift Card that has been partially or fully used to purchase Products on the Site.
2bis.4.2. To exercise the right of withdrawal, where the period referred to in para. 2bis.4.1 has not expired and the Gift Card has been used, in whole or in part, to purchase Products on the Site, the consumer must inform the seller of their decision to withdraw by sending an explicit statement to the Seller, using the appropriate contact form on the Site, or by sending an e-mail to the address email@example.com, or by using the form available here.
2bis.4.3. Following the provisions of the preceding paragraph. 2bis.4.2, the consumer will receive a confirmation e-mail of the withdrawal and of deactivation of the Gift Card, containing:
(i) the order number from which withdrawal is envisaged;
(ii) the code of the Gift Card, subject of withdrawal and deactivation - with the final characters obscured when
purchasing a Gift Card given as a gift to a Third Party;
(iii) the expiry date and the value of the Gift Card.
In case of withdrawal exercised in reference to a Gift Card purchased as a gift for a Third Party, the latter will receive an e-mail informing them of deactivation of the Gift Card as a result of exercising of the right of withdrawal by the consumer .
2bis.4.4. In case of withdrawal under this paragraph. 2bis.4, the consumer will be refunded the payment made for the purchase of the Gift Card, without undue delay and, in any case, no later than fourteen (14) days from the notice of intention to exercise the right of withdrawal. This repayment will be made using the same means of payment employed by the consumer at the time of purchase of the Gift Card, unless the consumer requests repayment by a different means of payment. In the latter case the consumer will be charged any additional costs resulting from the repayment through these different means of payment.
2bis.5. Right to withdraw from the purchase of Products through a Gift Card.
2bis.5.1. In case of purchase of one or several Products through the use of a Gift Card, the consumer will be entitled to exercise the right of withdrawal, within the meaning of art. 10 of these terms and conditions of sale. The exercise of the right of withdrawal will in such case involve the order as a whole and, therefore, necessarily all the Products purchased must eventually be returned. In case of exercising of the right of withdrawal by the consumer for the purchase of Products paid, partially or totally, with credit resulting from a Gift Card, if the conditions specified in art. 10 of these terms and conditions of sale prevail, the amount paid in relation to the purchase order for which the right of withdrawal is being exercised will be credited for the amount paid by Gift Card, onto the same Gift Card - and this can be spent by the consumer under the terms and conditions listed above - and any additional amount paid by one of the other means of payment available on the Site will be refunded to the consumer, under the terms and conditions specified in para. 10.5 of these terms and conditions of sale through the same means of payment, unless the consumer requests repayment by a different means of payment. In the latter case the consumer will be charged any additional costs resulting from repayment made through these different means of payment.
2bis.5.2. In reference to the purchase and use of the Gift Card, except as specifically provided by this art. 2bis and with no exception being specified in that article, the general contractual provisions established in the other articles of these general conditions of contract are applicable.
3. Method of purchasing Products - Perfectioning of the purchase contract.
3.1. The presentation of Products on the site, not binding on the seller, is a simple invitation to the consumer to formulate a proposed purchase contract proposal and not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Site has the value of irrevocable contract proposal for 48 (forty eight) hours from its receipt by the Seller and is subject to these general terms and conditions, which are an integral part of the same order and that the consumer must accept fully and without any reservation. Before being able to send a purchase order of the Products, through the procedure established on the site, the consumer will therefore be requested to read the terms and conditions of sale and the information on the right of withdrawal and to expressly accept these terms and conditions of sale. The consumer is invited to print out a copy of these terms and conditions of sale via the relevant print command and/or to save a copy on a durable medium of their choice. Before definitive sending of the purchase order, the consumer is required to check the data included in the order, that they may modify or be able to correct any errors of entering.
3.3. The purchase order of the Consumer is accepted by the Seller with sending to the Consumer, to the e-mail address stated by the same to the Seller at the time of registration on the Site or upon transmission of the order if the consumer is not registered on the Site, of an order confirmation e-mail, which will contain the text of these terms and conditions of sale, the summary of the order made, a description of the characteristics of the Products ordered and the method of payment.
The order of the Consumer, the order confirmation of the Seller and the general terms and conditions of sale applicable to the relationship between the Parties will be stored electronically by the Seller within its I.T. systems and the Consumer may request a copy by sending a request by e-mail to the seller at the address firstname.lastname@example.org .
3.4. The Consumer accepts that confirmation of the information relating to the order made and the method of payment, the terms and conditions of sale and a description of the characteristics of the Products ordered, pursuant to para. 3.3, will be sent via e-mail to the address declared to the Seller during registration on the Site or during the process of purchase of the Products.
3.5. Any contract to purchase the Products is concluded when the consumer receives confirmation of the order from the Seller via e-mail.
4. Procedure for the selection and purchase of the Products.
4.1. The Products presented on the Site may be purchased through selection of the Products of interest by the consumer and their insertion into the virtual shopping cart. After selection of Products, in order to perform the purchase of Products inserted into the shopping cart, the Consumer will be invited to (i) register with the site, providing the requested data, or (ii) to perform login, if the consumer is already registered or if they prefer, (iii) to provide their data in order to complete the order and allow completion of the contract without registering or logging onto the Site. If the data specified in the order is different from that provided at the time of registration on the site, the Consumer will be required to confirm their data (including but not limited to: first name, surname, etc.), in addition to an e-mail address to which to send confirmation of the order, the address for delivery of the Products selected, the invoice address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase. The Consumer will view a summary of their order, the content of which they will be able to edit. Therefore, the consumer, after careful reading, must expressly approve these terms and conditions of sale, through the appropriate check marks (check-box) on the Site and finally, through the "Confirm order with obligation to pay", the consumer will be asked to confirm their order, that will be definitively sent to the Seller and will produce the effects described in art. 3 of this contract. The Consumer will also be asked to choose the method of delivery and payment method from those available. If the consumer opts for immediate payment by credit card, PayPal or bank transfer or - if available - via Gift Card, they can communicate their relevant data via secure connection. For accounting and administrative requirements, the Seller reserves the right to verify the general information indicated by the Consumer. If payment is made by credit card, the amount relating to purchase of the Products will only be debited at the time of transmission of the order confirmation by the Seller to the Consumer.
5. Delivery of goods and acceptance of the Products.
5.1. The site indicates the availability of Products and delivery of the same, however, this information is purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything possible in order to respect the delivery times indicated on the Site and, in any case, to make delivery within a maximum of 30 (thirty) days from the date of sending of the order confirmation to the Consumer. In case of failure to execute the order by the Seller, due to the temporary unavailability of the Product, the seller will send an e-mail to the consumer and will refund any amounts already paid by the consumer for the payment of the Product pursuant to the following para. 5.3. If the consumer has chosen bank transfer as payment method, the delivery time will commence from the date of crediting of this bank transfer to the seller.
5.3. Shipment of the Products ordered by the Consumer will be in the mode selected by the consumer, from those available and indicated on the site at the time of ordering. The Consumer undertakes to promptly check and as soon as possible, but not later than eight (8) days from delivery, that this includes all and only the Products purchased and to inform the seller where the Products are defective or do not correspond to the order placed, in any case within the time and in the manner established in art. 11 of these terms and conditions of sale. Where this has not taken place, the Products will be considered accepted on the date of delivery. Should the pack or the pack of Products ordered by the consumer reach their destination clearly damaged, the consumer is required to refuse delivery by the carrier/shipper or accept delivery, adding the word "with reservation" on the delivery document signed for the carrier/shipper. Application of the provisions in favour of the consumer with regard to the legal guarantee of conformity (art. 8 of these terms and conditions of sale) and the right of withdrawal (art. 10 below of these terms and conditions of sale) are in any case applicable.
6. Prices, shipping costs, taxes and fees.
6.1. The price of the Products is that indicated on the site at the time of order by the consumer. Prices are inclusive of standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), and do not include shipping costs: the standard ones for the Products chosen are indicated aside and made available to the consumer in the cart ("Shopping bag"), that can still be modified, and calculated definitively in the order depending on the type of delivery chosen by the consumer from the different ones that may be available. These delivery costs will be payable by the Purchaser to the Seller in addition to the price of the Products shown on the Site.
6.2. The consumer will pay the Seller the total sum, as specified in the order and in the order confirmation sent by e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total amount indicated in the order and shown in the order confirmation due by the consumer to the Seller, will include the price of Products and delivery costs, as indicated above in para. 6.1, net of any customs duties and of any local sales tax, which the consumer hereby agrees to pay, when due, in addition to the amount stated in the order and in the order confirmation, as provided by the law of the country to which the Products will be delivered. Before placing an order through the Site, the Consumer is invited to check with the relevant bodies of their country of residence or destination of the Products, in order to obtain information regarding any local taxes or duties applied to the Products of interest.
6.4. It is understood between the Parties that any possible further costs, charges, tax and/or duty that a given country may apply, for whatever reason, to the Products ordered by the Purchaser in accordance with these terms and conditions of sale will be the sole responsibility of the Consumer.
6.5. The Consumer expressly declares that the lack of knowledge of any costs, charges, duties, fees and/or taxes referred to in paragraphs. 6.3. and 6.4., when sending an order to the Seller, cannot constitute cause for termination of this contract and in no circumstances can these costs, charges, duties, fees and/or taxes be charged to the Seller.
7.1. Payment of the amount stated in the order and in the order confirmation with reference to the Products purchased will be made by credit card, via PayPal, cash on delivery (only for Italy) or bank transfer - the latter with exclusion for purchases made from China, Croatia, Denmark, Hong Kong, Hungary, India, Indonesia, New Zealand, Poland, the Korean Republic, Romania, Saudi Arabia, Singapore, South Africa, Taiwan, Thailand, Turkey and the UAE - or - if available - by Gift Card, under the conditions described below. The Seller may allow additional means of payment, indicating them in the "Payment Method" of the Site.
7.2. Payment of the amount stated in the order and in the order confirmation for the Products purchased on the Site will be simultaneous to sending of the order in case of payment by credit card (debit of the amount due only at the time of transmission of the order confirmation by the Seller to the Consumer), and at the time of delivery of the Products in the event of the choice of cash on delivery (only available in Italy and for purchases equal or less than 250,00 euro). The cost of the cash on delivery service is Euro 2.50. Cash on delivery, if requested by the consumer, may only be made in cash and the Consumer undertakes to pay the amount due to the carrier in such form
7.3. Where payment is requested by credit card, the consumer will be transferred to a secure site and their credit card details will be communicated directly to Global Collect Service BV, with registered office in Amsterdam (Netherlands), via Planetenweg 43-49, 2132 HF , Hoofddrop, registered with the Chamber of Commerce of Amsterdam with number 34140462, an operator that deals with payments via credit card on behalf of the Seller. The data transmitted will be sent securely, via the encrypted transfer of data with the SSL 128-bit system (SecureSocketLayer). This data is not even accessible to the Seller.
7.4. If payment is made by bank transfer to the Seller, the Purchaser must state in the transfer order the "Swift" and "IBAN" codes and the order number given in the order confirmation.
7.5. The consumer can use a Gift Card for payment, entering in the relevant section on the shopping cart page ("Shopping bag"), the code of their Gift Card.
For the conditions of use of the Gift Cards the provisions specified in art. 2bis of the terms and conditions of sale should be referred to.
7.6. The Seller must promptly transmit to the Consumer electronically, via e-mail to the address stated by the same, the invoice for the purchase made, if the Products are purchased to be delivered within the European Union, or attached in paper form to the Products purchased in all the other cases.
8. Legal guarantee of conformity of the Seller, reporting of lack of conformity and warranty interventions.
8.1. Pursuant to and for the purposes of the European Directive 44/99/EC and of the articles. 128 et seq. of Italian Legislative Decree no. 206/2005 (Consumer Code), the Products purchased by the consumer are covered by the legal guarantee of conformity, which covers the lack of conformity of Products for a maximum period of twenty four (24) months from delivery to the Consumer of the Products. The legal guarantee of conformity allows the consumer, in the event of lack of conformity of the Product, to obtain, by applying directly to the Seller, in a reasonable amount of time considering the nature of the Product, repair or replacement of the Product (to the extent possible) or alternatively to request a price reduction or termination of the contract.
8.2. With the risk of invalidation of this legal guarantee of conformity, the consumer is obliged to report any defects of compliance no later than 2 (two) months after the discovery, providing to the Seller, by e-mail at the address email@example.com, with the appropriate form correctly completed click here to download the return form or via the contact form, with indication of the defect and/or of the non-compliance identified and the relevant documentation mentioned in the same return form (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt).
8.3. Following receipt of the report, referred to in the previous paragraph. 8.2, and of the related documents, the Seller will evaluate the defects and instances of non-compliance reported by the Consumer with the support of the Ducati assistance service and, after carrying out the checks aimed at verifying the non-conformity of the Product, will decide whether to authorise return of the Products, providing the consumer with feedback, containing the "Return Code", via e-mail to the address provided by the latter during the registration process on the Site or in the process of transmission of the order and the instructions for re-shipping of the Product. Authorisation to return the Products will in no way constitute recognition of defects or non-compliance, the existence of which will be determined after the return. The Products in relation to which the Seller has authorised the return must be sent by the consumer at their own expense, together with a copy of the notice of return authorisation bearing the "Return Code", within thirty (30) days from the complaint of non-compliance, to the following address: TRIBOO DIGITALE S.r.l., c/o Arcese Trasporti, Via Groane 6, postal code 20031 Cesano Maderno (MB) - Italy.
8.4. The Seller, with the support of the Ducati assistance service, will carry out the quality checks designed to verify the non-conformity of the Product and will provide the Consumer with feedback via e-mail to the address of the Consumer provided during the registration process on the Site or upon purchase of the Products through the Site. In case of non-conformity of the Product, the Seller will refund the Consumer the costs incurred for the return of the non-compliant Product and, at no cost to the consumer, will repair the Product or replace it with a new Product at the discretion of the Seller; in the latter case, the non-compliant or replaced Product will remain the property of the Seller. In the event that the Product cannot be replaced or repaired, the Seller will refund the Consumer the price paid for the Product. Repayment will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product or, if not, by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again via e-mail to the address firstname.lastname@example.org, the bank details to make the transfer in its favour and to ensure that the Seller is in a condition to return the amount due.
8.5. The legal guarantee provided for in this article, in any case given to the consumer by the Seller, can be accompanied and supplemented by an additional and independent standard warranty provided by the manufacturer of the Product purchased, governed according to the specific additional conditions attached and enclosed in the package of the same Product that will be delivered to the Consumer.
8.6. The application of any guarantee in case of use or washing of the Products that is incompatible with the nature of the Products or indicated in the relevant instructions/warnings supplied by the Seller and/or by Ducati, or reported in the reference explanatory documents, on the tags or on the labels attached to these same Products.
8.6. In reference to a refund of any money paid by the Consumer by Gift Card, reference should be made to the provisions regarding art. 2bis of these terms and conditions of sale.
9. Liability for damage from defective Products.
9.1. With regard to any damage caused by faulty Products, the provisions contained in the European Directive 85/374/EEC and in Italian Legislative Decree no. 206/2005 (Consumer Code) apply. The Seller, in its capacity as distributor of Products through the Site, is exempt from any liability, without exception and/exclusion, indicating the name of the related producer of the Product.
10. Right to withdraw.
10.1 The Consumer is entitled to withdraw from any contract entered into pursuant to these terms and conditions of sale, without penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii), in the case of purchase with only one order of several Products delivered separately, the last Product of that order was delivered. In reference to exercising of the right of withdrawal for the purchase of a Gift Card on the Site, reference should be made to the provisions regarding art. 2bis of the terms and conditions of sale.
A summary of the relevant information concerning the right of withdrawal of the consumer can be found here
10.2 To exercise the right of withdrawal, the Consumer must inform the Seller, before expiry of the period referred to in para. 10.1, of its decision to withdraw from the purchase contract by sending a clear statement to that effect to the Seller, using the text contained in the attached withdrawal type form or any other unequivocal statement setting out their decision to withdraw, also via the relevant form on the Site [insert link] or via e-mail at the address email@example.com.
10.3 The consumer will receive from the Seller a confirmation of receipt of a request for withdrawal, containing a Products return form and a return code.
10.4. If the Products have already been delivered or sent to the Consumer, no later than fourteen (14) days respectively from the date on which the same informed the Seller of their decision to withdraw from the contract or from the date on which the Products will be delivered to them, the Consumer must transcribe the return code on the return form referred to in the previous para. 10.3 and return the Products to the Seller, together with the afore-mentioned return form, ensuring they are sent at their exclusive expense to:
Triboo Digitale c/o ArceseLog
Via Groane n. 6
20811 Cesano Maderno (MB) –ITALY
10.5 The period referred to in the previous paragraph. 10.4 for the return of the Products to the Seller will be met if the return take places before the expiry of the 14-day period, regardless of the date on which the subsequent Products will actually be returned to the Seller.
The risks and the direct costs of returning the Products as a result of exercising of the right of withdrawal by the Consumer will be at their own expense.
10.6 In the case of legitimate and proper exercise of the right of withdrawal, the Consumer will be refunded the amount paid to the Seller for the order in question, including the delivery costs incurred by the Consumer to receive the Products (except for the additional costs arising from possible choice of a type of delivery other than the least expensive type of delivery offered by the Seller), without undue delay and, in any case, no later than fourteen (14) days from receipt of the communication of the Consumer in relation to exercising of the right of withdrawal. The Seller, however, may withhold reimbursement until having received return of the Products or until the consumer has supplied evidence of having sent back the Products, depending on which situation occurs first.
Repayment will be made using the same means of payment used by the Consumer for payment, or, if this is not possible for technical reasons, by a different means of payment previously communicated by the Consumer, without any charge or cost borne by the latter .
With regard to the repayment of any sum paid, partially or totally, by the Consumer by Gift Card, the amount corresponding to the returned Products will be re-credited onto the Gift Card - and can be spent by the consumer under the terms and conditions referred to in art. 2bis of these terms and conditions of sale – and the consumer will then be refunded any additional amount previously paid by one of the other means of payment available on the Site, under the terms and conditions set out in this para. 10.6.
10.7 The consumer is responsible for the diminished value of the Products resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Products. Therefore, if the returned Products are damaged (for example, with signs of wear, abrasion, dents, scratches, deformations, etc.), are not complete with all their elements and accessories (including labels and tags intact and attached to the Products), are not accompanied by the instructions/notes/manuals, with the packing and original packaging and by the guarantee certificate, if any, the consumer will be responsible for the asset decrease of the value of the Products, and will be entitled to a refund of the amount equal only to the residual value of the Product. In view of this, the consumer is asked to not handle the Products beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and, upon possible return, to restore the original packaging of the Products with additional protective packaging that preserves its integrity and protects it during transportation also from writing or labels.
The Seller reserves the right to verify the condition in which the Products will eventually be returned as a result of exercising the right of withdrawal and to communicate via e-mail to the Consumer any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products, and to arrange for the reimbursement referred to in the previous para. 10.6 taking into account that reduction in value.
11. Additional return cases.
11.1. In the cases covered by the previous para. 5.3 of these terms and conditions of sale, the consumer may, no later than 8 (eight) days from receipt of the Products, inform the Seller of any problem with the Products delivered by sending a communication in Italian, English, French, Spanish or German by e-mail to the address firstname.lastname@example.org.
11.2. The seller, having performed the necessary checks, will provide via e-mail to the Consumer a return form and a return code and will invite the consumer to return the Product within 7 (seven) working days, together with the return form filled out and complete with the return code supplied to the same, arranging for it to be sent and delivering it to:
TRIBOO DIGITALE Srl c/o ArceseLog
Via Groane n. 6
20031 Cesano Maderno (MB) –Italy
11.3. The Product must be returned or otherwise sent to the Seller intact (with no signs of wear, abrasions, dents, scratches, deformations, etc.), complete with all its elements and accessories, accompanied by the instructions/notes/manuals attached, with its packing and original packaging and with the guarantee certificate, if any, and in any case in the conditions in which it is received by the Consumer. Otherwise, the consumer will not be entitled to any refund.
11.4. Having inspected the returned Product, if the conditions are met, the Seller will refund the Consumer the shipping costs incurred in returning the Product and send the latter, at no additional charge, a new Product or the Product actually ordered as quickly as possible .
11.5. A refund will be made using the same means of payment used by the consumer for payment, or, at the request of the consumer, by bank transfer in favour of the consumer. It will be the responsibility of the consumer to communicate to the Seller, by filling out the field in the return form, the bank details to make the transfer in its favour and to ensure that the Seller is in a position to return the amount due.
In reference to a refund of the price possibly paid, totally or partially, through a Gift Card, reference should be made to the provisions regarding art. 2bis above of the terms and conditions of sale.
Application of the provisions in favour of the Consumer in any case remain with regard to the legal guarantee of conformity (art. 8 of these terms and conditions of sale) and the right of withdrawal (art. 10 of these terms and conditions of sale).
12. Intellectual property rights.
12.1. The Consumer declares being informed that all the trademarks, the names, as well as any distinctive sign, name, image, photograph, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Ducati, and/or of its assignees, without access to the Site and/or purchase of Products resulting in for the Consumer any rights over the same.
12.2. The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Ducati.
13. Consumer information and protection of privacy.
13.1. In order to register, to send the order and thus to conclude this contract, the Consumer is asked to provide certain personal information through the Site. The Consumer acknowledges that the personal data will be recorded and used by the Seller and by Ducati, in accordance with and subject to the rules established in Italian Legislative Decree no. 196/2003 and subsequent amendments and additions - Privacy Code, in order to execute each purchase made through the Site and, subject to its consent, for any additional activities as indicated in the relevant privacy notices provided to the Consumer through the Site at the time of registration or upon submission of an order.
13.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchasing process are true and correct.
13.3. The Consumer registered on the site may at any time update and/or change their personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
13.4 The Consumer also notes that, in the event of purchase of a Gift Card to be sent to a Third Party, the Consumer must provide the Seller with the data of the Third Party, who will be sent appropriate notification in accordance with art. 13 of Italian Legislative Decree no. 196/2003.
14.1. Although the seller adopts measures to protect personal data against its possible loss, falsification, manipulation and improper use by third parties, given the characteristics and technical limitations related to the protection of electronic communication over the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site, even after the consumer has provided authentication (login), will not be accessible or viewable by unauthorised third parties.
14.2. The Seller, with regard to the records relating to payments by credit card, uses the services of the company Global Collect Service BV that adopts technological systems that aim to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
15. Applicable law, conciliation attempt, the European ODR Platform and jurisdiction
15.1. Each sales contract concluded between the Seller and the Consumer under these terms and conditions of sale will be governed by and construed in accordance with Italian laws and, in particular, with Legislative Decree 9th April 2003 no. 70 regarding certain aspects of electronic commerce and, for the "consumers", Legislative Decree 6th September 2005, no. 206, "Consumer Code" will apply, with specific reference to the provisions on "distance contracts" (Part III, Title III, Chapter I "Consumer rights in contracts", arts. 45 et seq of the Consumer Code).
In any case, the rights that may be assigned to the Consumer by the mandatory provisions of law in force in the State of residence or domicile of the latter will apply without prejudice.
15.2. In case of disputes between the Seller and the Consumer, the consumer is informed that the Seller adheres to the system of dispute resolution, through an amicable conciliation process, "RisolviOnline", an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, which can assist in reaching an agreement amicably regarding the dispute that has arisen over the Internet, with the intervention of a competent and neutral conciliator, in a safe, fast and affordable manner. For further information regarding the "RisolviOnline" regulations or to submit a request for conciliation, visit www.risolvionline.com.
15.3. The Consumer is also entitled to apply to the European Online Dispute Resolution platform (the European ODR Platform) to start possible resolution, an alternative to the use of ordinary magistracy, for disputes between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, to facilitate the non-judicial settlement, that is independent, impartial, transparent, effective, rapid and equitable, of disputes concerning contractual obligations arising from online sales or services between a consumer resident in the European Union and a trader established within the European Union through the intervention of an ADR (alternative dispute resolution) body that is a member of the same, which can be selected from a list available from the Platform. For more information about the European ODR Platform or to initiate through the latter alternative dispute resolution proceedings relating to this contract, go to the following link: http://ec.europa.eu/odr. The e-mail address of the Seller to be indicated in the European ODR Platform is as follows:email@example.com.
15.4. Where the attempt at conciliation referred to in section 15.2 above has not been started or no application is made to the ODR indicated in section 15.3 above or such alternative measures were to prove unsuccessful, for any dispute arising out of this contract or related to this contract, the following will have exclusive jurisdiction:
- where the Consumer is suing, if "consumer" under current legislation, the Seller:
the Court of the consumer's place of residence or domicile, if located in Italy;
at the choice of the consumer with residence or domicile located outside of Italy, or a) the Court in the place of residence or domicile of the Consumer, or b) the Court of Milan, Italy;
- where the Seller is suing the Consumer, the Court of the place of residence or domicile of the Consumer, if "consumer" under current legislation, or b) the Court of Milan, Italy, in all other cases.
15.5. The Parties agree that application to this contract of the United Nations Convention on contracts for the International Sale of Goods is expressly excluded (Vienna Convention of 1980 - United Nations Convention on Contracts for the International Sale of Goods).
16.1. These General Terms and Conditions are written in Italian, English, French, German and Spanish. In case of any discrepancy between the texts in the different languages or of uncertainty as to interpretation, the text in Italian will prevail.
17. Force majeure.
17.1. The Seller will not be responsible for non-performance of all or part of its obligations in this contract if such failure is caused by unforeseeable events and/or natural events outside its reasonable control, including, by way of example only, catastrophic natural events, acts of terrorism, wars, riots, lack of electricity, the general strike of public and/or private workers, strike and/or restrictions on the road system affecting couriers and air links.
18.1. The Parties may not sale or otherwise transfer to third parties any of their rights and obligations of this contract, without the prior written consent of the other party.
19. Validity of the clauses.
19.1. Any clause heading used herein is purely indicative and has no effect on the identification of the content and interpretation of this contract.
19.2. These terms do not affect the rights granted by Italian law to the consumer that acts as a "consumer" or the rights guaranteed to them by the mandatory provisions of the order to which they are subject.
19.3. In the event that any provision or part of any provision of these Terms is deemed to be invalid because it is inconsistent or contrary to a rule of law, all the other provisions of this agreement or parts of the same clause will remain in full force and effect.
20. Final provisions.
20.1. This agreement replaces all the contracts, agreements and understandings previously entered into between the Parties and, with the order, the order confirmation and the general conditions relating to the use of the Site, constitutes the entire agreement between the Parties, subject matter of this contract.
20.2. The purchaser acknowledges that it has not been induced to adhere to this contract from previous oral statements.
20.3. Any change or modification of this agreement must be accepted in writing by both Parties.