General sales conditions
1.1These general sales conditions regulate the buy and sale agreement relative to any purchase made through e-commerce website shop.ducati.com (herein after the ‘’Site’’). The Site, owned by Ducati Motor Holding S.p.A., with office in via Cavalieri Ducati no. 3, Bologna, Italy (herein after “Ducati”), is managed by T-Buy S.r.l., with office in Viale Sarca no. 336, 20126 Milan, Italy, VAT no. and Fiscal no. 02912880966, registered in the Business Registry of Milan with no. 02912880966.
1.2. T-Buy S.r.l. is licensee of Ducati for the sale of products through the Site. Any purchase made through the Site sees exclusively as contract parties, T-Buy S.r.l. (herein after the ‘’Seller’’), as seller, and the relative buyer (herein after the ‘’Buyer’’), therefore the subject who purchases one or more products through the Site (Seller and Buyer are jointly referred to hereinafter as the ‘’Parties’’).
1.3. Ducati is not part of this agreement, but remains the only owner of the rights on the Site’s domain name, trademarks, registered trademarks relative to the products presented on the Site and owner of the copyright in respect to the Site and its contents.
1.4. Any Buyer’s communication relative to this agreement – including notices, claims, requests concerning the purchase and delivery of products, the exercise of the withdrawal right, etc. - shall be sent exclusively to the Seller (T-Buy S.r.l.) at the addresses published on the Site and in particular at email address email@example.com.
1.5. Any purchase is subject to the general sales conditions published on the Site when the agreement is concluded according to art. 3 of this agreement.
1.6. The Site is intended for the exclusive use of consumers, therefore it is reserved to retail sales. The possibility to purchase products on the Site is therefore reserved to a subject intended as ''consumer'', defined by current laws as ''any physical person who acts for purposes other than the entrepreneurial, business, handicrafts or professional activity performed''. Should the Buyer not be a ‘’consumer’’, he/she shall abstain from sending an order to the Seller.
1.7. The Buyer agrees to receive the confirmation of the information sent relative to the order and general sales conditions contained in this agreement via email at the address declared by the Buyer to the Seller when registering to the Site.
1.8. In order to validly conclude this agreement, legal capacity to act and legal age (18 years old) are requirements that the Buyer must meet.
1.9. The Buyer will be responsible for possible expenses sustained to connect via Internet to the Site (including possible telephone fees) according to the rates applied by the operator chosen by the same Buyer.
2.1.The products are sold by the Seller with the characteristics described on the Site when the Buyer sends the order and according to the general sales conditions published on the Site when sending the order, with the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these general sales conditions at any time. The products are offered at the general sales conditions indicated on the Site when sending the order, until the entire stock is sold out.
2.3. The prices and goods sold on the Site are object of changes without notice.
2.4. The Seller reserves the right, without notice, to modify the products present on the Site or modify their characteristics at any time without notice or obligation.
2.5. The Seller reserves the right to modify and improve any product proposed on the Site, without the obligation to apply said changes on those already sold.
2.6. This Site can be accessed by users all over the world and the Site may contain references to goods which are not available or cannot be purchased in the home country of the Site’s visitor.
2.7. All Products explicitly destined to the sale or anyhow present on the Site are destined to be sold only in the countries indicated in the specific list available on the Site when sending the order.
3.1. The performances of the products presented on the Site are not binding for the Seller and do not constitute offers to the public, but simple offer invitations.
3.2. The purchase order sent by the Buyer to the Seller through the Site is valid as contract proposal binding for 48 (forty eight) hours from receipt by the Seller and it is subject to these general sales conditions which constitute an integral part of the same order and that the Buyer shall fully accept with no reservations when sending an order to the Seller.
3.3. The purchase order of the Buyer is accepted by the Vendor with the transmission of an email confirming the order to the Buyer, at the email address given by the latter to the Seller when registering to the Site, which will contain the text of these general sales conditions, the summary of the order made and description of the characteristics of the product ordered. The Buyer’s order, the order confirmation of the Seller and the general sales conditions applicable to the relation between the Parties will be stored electronically by the Seller in its computerised systems and the Buyer can request a copy by sending an email at firstname.lastname@example.org.
3.4. The agreement is concluded between the Parties when the Buyer receives the order receipt via email from the Seller. According to applicable laws, the order and the order receipt are considered received when the parties to which they are addressed have the possibility to access them. In case in which the Buyer does not receive the relative order receipt from the Seller within 48 (forty eight) hours from sending the order, the order shall be considered void, the agreement will not be concluded and the Buyer is invited to contact the Seller by email at email address email@example.com.
4.1. The products presented on the Site can be purchased through the specific procedure foreseen on the Site. This procedure foresees first of all, the selection of the products that the Buyer intends to purchase, by inputting them in the relative virtual cart. Once the selection of the products is concluded, in order to purchase those input in the cart, the Buyer will be invited to register to the Site, providing the requested data. In order to send his/her order and conclude the agreement, the Buyer shall also confirm his/her personal details, provide his/her home address, and the address where the products will be mailed, the invoicing address and the telephone number where to contact him/her for possible notices relative to the purchase made. The Buyer will be requested to select one of the shipping methods foreseen, and then a payment method among those available. Should the Buyer opt for the immediate payment method with credit card, Paypal or real time bank transfer, he/she shall notify the requested data through the protected connection. For accounting and administrative needs, the Seller reserves the right to check the information provided by the Buyer. In case of payment through credit card, the purchase amount will be debited to the Buyer only when the Seller sends the order confirmation. Once the aforementioned activities are carried out, the Buyer will be provided with a summary of his/her order, of which he/she still can modify the contents: the Buyer, after reading these general sales conditions, shall explicitly approve them by checking the check-boxes present on the Site and in conclusion, the Buyer will be requested to confirm his/her order through the "Input order" key, which will be definitely sent to the Seller and will produce the effects described in previous paragraph 3.2. of this agreement.
4.2. In case of an order relative to products of limited series, the Seller reserves the right to allow each Buyer the purchase of a specific maximum quantity of products, potentially lower than the overall number of the products for sale. The Buyer can anyhow send an order for a quantity of products higher than that available, indicated on the Site. In this case, the Seller reserves the right to accept the Buyer’s proposal for the surplus quantity compared to the maximum quantity indicated, after checking the product availability. It is agreed that, should it not be possible to satisfy the Buyer’s order for the surplus quantities, the agreement shall be deemed concluded within the limits of the maximum quantity of products indicated on the Site when sending the order.
5.1. The availability of each product is generally indicated on the Site.
5.2. The delivery times indicated on the Site shall be considered merely indicative and not binding for the Seller. Nonetheless, the Seller agrees to take any possible measure to respect the delivery times indicated on the Site. It is agreed that the Seller shall provide for the delivery of the products purchased by the Buyer within 60 (sixty) days from sending the order confirmation to the Buyer.
5.3. The Seller cannot guarantee that the stocks indicated on the Site are always correct.
5.4. In case a product ordered by a Buyer is actually not available, the Buyer will be promptly informed by the Seller and the payment already made by the Buyer will be refunded promptly.
5.5. Shipping of the products ordered by the Buyer will take place according to the method chosen by the Buyer among those available and indicated on the Site when sending the order. When receiving the products, the Buyer agrees to check with no delay and in any case within 3 (three) days from receipt, that the delivery is correct and includes all and only the products purchased and to inform the Seller within said term of any possible defect of the products received or differences compared to the order made, according to the procedure indicated in following art. 11 of this agreement. Should the package or case of the products ordered by the Buyer be received obviously damaged, the Buyer is invited to refuse the delivery by the carrier / shipper or accept the delivery "with reservations".
5.6. After the term specified in previous paragraph 5.4, the delivered products will be finally accepted by the Buyer.
6.1. The price of the products is the one indicated on the Site when the Buyer sends the order. The prices of the products indicated on the Site include VAT, but they do not include the shipping fees and possible additional taxes or duties, that the Buyer agrees to pay in addition to the price indicated on the Site.
6.2. According to the country in which the products shall be delivered, the relative shipping prices that the Buyer agrees to pay in addition to the price for the ordered products will be displayed on the Site when creating the order.
6.3. The total price to pay to the Seller will be the one indicated on the order and confirmed in the order confirmation sent by the Seller to the Buyer via email.
6.4. Should the products be delivered in a country not belonging to the European Union, the total price indicated in the order and confirmed in the order confirmation including VAT, is net of possible duties and any other sales tax, that the Buyer agrees to pay if due, in addition to the price indicated in the order and confirmed in the order confirmation, according to applicable laws in the country in which the products will be delivered. To receive information on possible duties or applicable taxes in your home country or destination country of the products, the Buyer is invited to consult the competent bodies of his/her home country or destination country of the products.
6.5. Any other potential cost, fee, tax and/ or duty that a certain country may apply to the ordered products at any title according to this agreement, will be paid exclusively by the Buyer.
6.6. The Buyer declares that the failure to actually know the costs, fees, duties, taxes and/or levies indicated in previous paragraphs 6.4 and 6.5 when sending an order to the Seller will not constitute a reason to terminate this agreement and these will not be debited to the Seller under no circumstances.
7.1. The orders made through the Site can be paid with credit card, bank transfer, cash on delivery, paypal, at the conditions described below. The Seller can allow additional payment methods, indicating them in the payment section of the Site.
7.2. In case of payment through credit card, paypal and real time bank transfer, you will be transferred to a protected site and the credit card information will be notified directly to Global Collect EMEA, Platenweg 43-45, 2132 Hoofddorp, Holland, operator who deals with payments on behalf of the Seller. The transmitted information will be sent in protected mode through the coded transfer of the data using the 128-bit SSL system (Secure Socket Layer). The information is not accessible, not even by the Seller.
7.3. The orders can be paid through bank transfer in favour of the Seller, by indicating the ‘’Swift’’ code included in the order confirmation. The Buyer, in case of payment through bank transfer, explicitly agrees that the Seller will begin executing the agreement when the counter-value of the purchased product/s will be credited on the Seller's bank account: should the product/s no longer be available between the moment in which the order is sent and the crediting of the price of the purchased product/s through bank transfer, the Seller will refund the sum paid by the Buyer according to what set forth by paragraph 5.4. of this agreement and the accord between the Parties will be deemed resolved by law.
7.4. The fee for the order sent, can be paid with cash upon delivery only in case the products are delivered in the Italian territory and for overall amounts lower than 250.00 (two hundred and fifty/00) Euros. The payment with cash upon delivery can take place exclusively in cash and the Buyer agrees to pay the sum due with said method to the carrier.
7.5. The invoice/tax document relative to the purchase made will be sent to the Buyer in electronic format by email at the address given by the Buyer when registering to the Site, if the purchased products will be delivered in Italy, or annexed in paper format to the purchased products, in all other cases.
8.1. The Seller, according to European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumers’ code), grants to the Buyer a legal warranty on the purchased product for any conformity defect in relation to the sales agreement, that stands out within 24 (twenty four) months from delivering the product to the Buyer.
8.2. The legal warranty allows the Buyer, in case of conformity defects of the product, to request the repair (if possible), replacement of the product, price reduction or resolution of the agreement, by contacting the Seller directly, within reasonable times in view of the nature of the product.
8.3. The non-compliant use of the product compared to that envisaged and instructions/warnings provided by the Seller and/or manufacturer of the product is not covered by the warranty.
8.4. The possible notice of a non-conformity defect of the product shall be presented together with the product receipt released by the Seller (tax document issued by the Seller or payment receipt).
8.5. Within the term specified in previous paragraph 8.1, the notice of a non-conformity defect shall be sent by the Buyer within 2 (two) months from the date in which the non-conformity defect was discovered.
8.6. The notice of the non-conformity defect shall be sent by the Buyer to the Seller by email, at firstname.lastname@example.org; the Seller will promptly notify the Buyer about the methods through which he/she can return or submit the product.
8.7. The Seller will carry out quality checks through its assistance service, aimed at checking the actual non-conformity of the product and will give a feedback to the Buyer by email at the Buyer’s address provided when registering to the Site.
8.8. In case of proven non-conformity of the product, the Seller will refund the shipping costs for returning the non compliant product to the Buyer and will repair or replace the product with a new one, without any cost for the Buyer; in the latter hypothesis, the non compliant, returned product will remain the property of the Seller.
8.9. The aforementioned reimbursement will take place through bank transfer in favour of the Buyer. The Buyer will notify the bank details to the Seller where to issue the bank transfer in his/her favour and in order for the Seller, to return the sum due, always by sending an email at email@example.com.
8.10 In addition to the legal guarantee mentioned in this article, granted to the Buyer by the Seller in any case, a further and independent traditional warranty can be granted by the manufacturer of the purchased product, regulated by the specific additional conditions that accompany the product included inside the package.
9.1. The provisions set forth European Directive 85/374/EEC and Italian Legislative Decree no. 206/2005 (Consumers’ Code) in respect to the damages caused by a faulty product, are applied. The Seller, as distributor of the products presented on the Site, is relieved from any liability, none excluded and/or excepted, indicating the name of the relative product manufacturer.
10.1. The Buyer, for any reason and without giving any explanation for said decision, will have the right to withdraw from this agreement without any penalty, within 10 (ten) working days from the date of receipt of the ordered products. The Buyer will be anyhow responsible for the shipping fees and possible duties or additional taxes to re-import the product, which will be sustained by the Seller.
10.2. The Buyer can exercise the right of withdrawal within the aforementioned term, by sending a notice in Italian, English, French, Spanish or German by email at Customer Care, at firstname.lastname@example.org.
The Buyer will be provided with a return form and a return code (RMA).
10.3. In order to validly exercise the right of withdrawal, should the ordered products be shipped or delivered, the Buyer shall return them within 10 (ten) working days from receiving the products or 10 (ten) working days from receiving the return form and code, together with the return form filled out and complete with the return code given to him/her, by sending or delivering them at:
T-Buy Srl c/o ArceseLog
Via Groane n. 6
20031 Cesano Maderno (MB) – Italy.
10.4. It is agreed that the transport risks and costs relative to the return of the products to the Seller will be fully pending on the Buyer.
10.5. In order to validly exercise the right of withdrawal, the products must be delivered or anyhow returned to the Seller intact (without signs of wear, abrasions, scratches, marks, deformations, etc), complete with all their components and accessories, accompanied by the annexed instructions/notes/ manuals, original packages and wraps and warranty certificate, if present. Otherwise, the Buyer will have no right to be reimbursed the sum paid. For this purpose, the original case of the products should be covered with another protective packaging that preserves the integrity and protects it during transport, also from writings or labels.
10.6. The Seller will receive the returned products, with the faculty to check that these have been returned in the conditions described in previous paragraph 10.5.
10.7. Should the product check be positive and the right of withdrawal be validly exercised within the terms foreseen, the Seller will return the full amount paid to purchase the products to the Buyer, free of charge, net of the shipping fees and possible duties or sales taxes paid to re-import the products, as soon as possible and in any case within 30 (thirty) days from the date in which the Seller was notified about the Buyer’s intention to exercise the right of withdrawal.
10.8. The aforementioned refund will be issued through bank transfer in favour of the Buyer. The Buyer is responsible to notify the bank details to issue the bank transfer in his/her favour to the Seller, by filling out the relative field in the Return Form, in order to allow the Seller to return the sum due. In case the payment was issued through credit card, the aforementioned refund will be issued within the terms indicated, by refunding the sum due on the credit card used by the Buyer for the payment.
11.1. Should the Buyer verify, within the term indicated in previous paragraph 5.5., that the product received is defective or does not correspond to the one ordered, the Buyer can notify the Seller always within the aforementioned time, by sending a notice in Italian, English, French, Spanish or German by email at Customer Care, at email@example.com. The Buyer will receive a Return Form and a Return Code (RMA).
11.2. The Seller, after carrying out the proper checks, will request the Buyer to return the product within the next 7 (seven) working days, accompanied by the Return Form filled out and complete with the return Code provided, by delivering or sending it to:
T-Buy Srl c/o ArceseLog
Via Groane no. 6
20031 Cesano Maderno (MB) – Italy
11.3. The product shall be returned or anyhow delivered to the Seller intact (without signs of wear, abrasions, scratches, marks, deformations, etc), complete with all its components and accessories, accompanied by the annexed instructions/notes/ manuals, original packages and wraps and warranty certificate, if present and in any case, in the conditions in which it was received by the Buyer. Otherwise, the Buyer will have no right to be reimbursed.
11.4. Once the returned product has been checked, if the conditions are met, the Seller will refund the Buyer of the shipping costs sustained to return the product and will send him a new product or the product actually ordered without additional costs, as soon as possible.
11.5. The aforementioned refund will be issued through bank transfer in favour of the Buyer. The Buyer is responsible to notify the bank details to issue the bank transfer in his/her favour to the Seller, by filling out the relative field in the Return Form, in order to allow the Seller to return the sum due. In case the payment was issued through credit card, the aforementioned refund will be issued within the terms indicated, by refunding the sum due on the credit card used by the Buyer for the payment.
12.1. The Buyer declares to be informed that all the contents present on the Site are protected by copyright and other applicable provisions on intellectual property: all the rights are owned by Ducati or third parties.
12.2. The contents of the Site cannot be reproduced in full or in part, transferred with electronic or traditional means, modified, or used for any purpose without the previous written approval of Ducati or relative third parties entitled.
13.1. In order to register, send the order and therefore conclude this agreement, some personal information of the Buyer is requested through the Site. The Buyer acknowledges that the personal data provided will be registered and used by the Seller in compliance with the provisions set forth by Italian Legislative Decree no. 196/2003 – Code on privacy, to execute this agreement and prior his/her consent, for possible additional activities as the ones indicated in the relative informative on privacy provided to the Buyer through the Site when registering.
13.2. The Buyer declares and guarantees that the data provided to the Seller when registering is correct and truthful.
13.3. The Buyer can update and/or modify his/her personal data provided to the Seller at any time, through the relative “My account” section of the Site which can be accessed with login and password.
14.1. Despite the Seller adopts measures aimed at protecting personal data against loss, falsification, improper handling and use by third parties, due to the characteristics and technical limitations relative to the protection of electronic communications via Internet, the Seller cannot guarantee that the information or data visualized by the Buyer on the Site, even after logging in, is not accessible or cannot be viewed by non-authorised third parties.
14.2. The Seller, in respect to the information relative to the payments with credit card, paypal, and real time bank transfer uses the services of company Global Collect EMEA which adopts technological systems aimed at ensuring the utmost levels of reliability, security, protection and privacy when transmitting information via web.
15.1. The Seller will not be deemed liable in case of total or partial non-fulfilment of its obligations foreseen in this agreement in case said non-fulfilment is caused by unforeseeable and/or natural events outside its reasonable control, including for example but not limitedly to, natural catastrophic events, acts of terrorism, wars, popular revolts, lack of power, general strike of public and/or private workers, strike and/or restrictions in terms of availability of couriers and airplane connections.
16.1. The agreement will be regulated and interpreted in compliance with Italian laws.
16.2. The Parties agree that the Convention of the United Nations on agreements for the international sales of goods is not applicable to this agreement.
16.3. Any controversy derived from this agreement or relative to it, will be devolved to: a) the Court of the city in which the Buyer resides or is domiciled, if "consumer" according to applicable laws; b) exclusively, to the Court of Milan, Italy, in any other case.
16.4. Provisions of applicable Italian laws are valid for whatever is not explicitly foreseen herein, and in particular, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree no. 206/2005 (Consumers’ Code), for consumers.
17.1. These general sales conditions are drawn up in Italian, English, French, German and Spanish. Should any difference arise between the texts in the various languages or interpretation doubts, the text in Italian will prevail.
18.1. The Parties cannot transfer or grant to third parties, any of their rights and obligations derived from this agreement, without the previous written approval of the other party.
19.1. The headings of the clauses used herein shall be considered merely indicative and have no effect on the content and interpretation of this agreement.
19.2. These conditions do not prejudice the rights attributed by Italian laws to the Buyer who acts in quality of consumer or rights guaranteed to the same, by the binding provisions of the legal system to which he/she is subject.
19.3. Should a clause or part of a clause of these general conditions be deemed invalid because in contrast or contrary to a law, all other clauses of this agreement or parts of the same clause will remain valid and effective.
20.1. This agreement substitutes all the contracts, agreements and understandings between the Parties and together with the order, order confirmation and general conditions relative to the use of the Site, it constitutes the entire accord between the Parties concerning the object of this agreement.
20.2. The Buyer declares not to be induced to sign this agreement from previous oral statements.
20.3. Any variation or change to this agreement shall be accepted by both Parties in writing.