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. A Sole Shareholder Company - A Company subject to the Management and Coordination activities of AUDI AG. All rights reserved. VAT 05113870967 (herein after “Ducati”), is managed by Triboo Digitale S.r.l. - a Triboo Group company, 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. TRIBOO DIGITALE 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, TRIBOO DIGITALE 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 (TRIBOO DIGITALE 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 will receive confirmation of the information relating to the order, including a summary of the essential characteristics of each product purchased, the relevant price (including taxes), the amount of shipping costs and any other additional charges, the methods and terms of payment, the address and the mode of delivery and the expected delivery times, the general conditions of contract contained in this agreement and the terms and conditions for the exercise of the right of withdrawal, via e-mail on support in printable format, at the address provided by the Buyer to the Seller during the process of registration on the Website.
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. Characteristics of the products and their availability in the different geographical areas.
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.
2bis. Gift Card
2bis.1. Description and validity of the Gift Card.
2bis.1.1. The virtual "Gift Card", available for the amounts indicated on the Site, can be used by the Buyer of a third party to purchase any Product on the Site, except other Gift Cards, until the credit runs out. The Gift Card is not issued in a specific name.
The Buyer can purchase a Gift Card for himself or as a gift for others.
The Gift Card can not be topped up and can be used, until the credit runs out, to purchase products in separate orders from the Site - except other Gift Cards.
2bis.1.2. The Gift Card, that will be supplied in an electronic format and sent by email, can be purchased on the Site clicking the following link. When authenticated Buyers access the Site, (by logging in to the Site), the name and email address will be auto-populated with the data provided during the Site registration procedure.
2bis.1.3. The Gift Card is valid for 12 (twelve) months from:
(i) the date the Buyer receives the Gift Card activation email, or
(ii) from the date the recipient receives the email containing the Gift Card code, if the Buyer has purchased the Gift Card as a present for another person.
2bis.1.4. The amount spent to purchase the Gift Card will be transferred to the Seller, to a non-interest bearing account, which can not be converted into cash or transferred to a credit card of bank account.
2bis.1.5. The purchase of the Gift Card is not subject to VAT under art. 2 par. 3, lett. a), Presidential Decree 633/1972. The purchase invoice shall therefore bear the wording "Exempted from VAT under art. 2 par. 3, lett. a), Presidential Decree 633/1972".
2bis.2. Gift Card purchase procedure - Completion of the purchase contract.
2bis.2.1. If the Gift Card is bought for a third party, enabling the "buy as a gift" option, the Buyer can request deferred delivery of the Gift Card to the recipient, selecting the delivery date within a 90 (ninety) day period from the date the Gift Card is purchased. If no Gift Card delivery date is indicated, it will be sent to the recipient by email as soon as payment for the Gift Card has been confirmed.
The recipient of the Gift Card shall be entitled to use the entire value of the same at the following conditions.
The Buyer will be required to indicate the following details on the form related to a Gift Card to be sent to a recipient:
- name of the sender (auto-populated if the Buyer has logged in to the Site);
- email of the sender (auto-populated if the Buyer has logged in to the Site);
- name of the recipient;
- email address of the recipient;
- confirm email address of the recipient;
- email delivery date (optional);
- message text (optional).
If the Buyer intends to purchase a Gift Card for another person, he must provide that person's name and email address during the relative purchase process. These details will only be processed by the Seller to send the Gift Card by email to the recipient, to unlock and the same and to fulfil all services and obligations of the Seller. The details (name and email address of the recipient) shall only be retained until confirmation is received that the recipient has unlocked the Gift Card, following the instructions below or, whichever occurs later, until the date within which the Buyer is entitled to exercise his right of withdrawal expires: once the Gift Card has been unlocked, or, whichever occurs later, once the date within which the Buyer is entitled to exercise his right of withdrawal has expired, the details of the recipient processed for the purposes illustrated herein will be erased. The Buyer is warned and declares to acknowledge that should the Buyer provide an incorrect email address for the recipient of the Gift Card during the purchase process, this will make it impossible for the recipient to receive and use the Gift Card, for which the Seller shall have no form of responsibility.
2bis.2.2. Before confirming the order, the Buyer will be presented with a summary of his order, which he is still able to edit where necessary: at this point, the Buyer, is required to carefully read and expressly approve the general terms and conditions of sale and the clauses indicated by art. 1341 of the Italian Civil Code, by ticking the relative check box and, finally, confirm the order by pressing the "Confirm order with payment obligation" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of these General Sales Conditions. During the order summary phase, the Buyer will also be asked to select a payment method from those available on the Site. If the Buyer selects immediate payment by credit card, Pay Pal or real-time bank transfer, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Buyer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Buyer when the Seller sends the actual order confirmation.
2bis.2.3. On completing the procedure indicated in par. 2bis.2.2. above, the Buyer who has ordered one or more Gift Cards will receive an order confirmation email with the order number, the order summary and these General Sales Conditions.
2bis.2.4. When the payment method selected by the Buyer is successful completed:
(i) the Buyer will receive a Gift Card activation email containing the order number, the Gift Card code and value, its expiry date and a "PDF" file for each purchased Gift Card containing the relative detailed information.
(ii) If the Buyer has purchased the Gift Card as a gift for another person, the Buyer will receive an email containing the order number, the Gift Card code with the final digits obscured and its value. If the Buyer has requested for the Gift Card to be sent to the recipient on a certain date, the activation email will be sent on the date indicated by the Buyer.
(iv) When the Gift Card has been unlocked by the recipient, using the link provided in the mail referred to in the previous par. (iii), the Gift Card Buyer will receive another email confirming the recipient has received the gift.
It is understood that, if the Gift Card is purchased as a gift for another person, the twelve (12 ) month validity period will start from the date the recipient receives the activation email as per par. (iii) regardless of the date on which the Gift Card is unlocked via the link provided in this email.
2bis.3. How to use the Gift Card.
2bis.3.1. Immediately after activation or, if the "buy as a gift" option is selected, immediately after the Gift Card has been successfully unlocked by the recipient as per par. 2bis.2.4, section (iii), the Gift Card can be used to purchase any Product on the Site, including the shipping costs and, if present and available on the Site, gift notes and wrapping. The Gift Card can not be used to purchase another Gift Card. No additional cost is charged for the activation or use of Gift Cards.
2bis.3.2. More than one Gift Card can be used to purchase Products from the Site on the same order.
2bis.3.3. To purchase Products using a Gift Card, please enter the Gift Card code in the designated field on the virtual shopping cart page.
2bis.3.4. The Gift Card can be used to make several purchases on the Site until the credit runs out and within the validity period of the same.
2bis.3.5. If the total amount of the order exceeds the credit available on the Gift Card, the residual amount shall be paid by the Buyer or recipient using one of the payment methods available on the Site in order to complete the process.
2bis.3.6. When the Gift Card validity period (12 months) expires, it can no longer be used and any credit left on the Gift Card will not be refunded.
2bis.3.7. If one or more Products in an order paid for (totally or partially) using a Gift Card are out of stock, the Seller will cancel the order and refund the total amount paid. The Gift Card credit used to pay for such orders will be credited back to the Gift Card, whilst any additional amounts paid using other payment methods, will be refunded using the same payment method selected by the Buyer during the order confirmation phase.
2bis.3.8. The Buyer can register on the Site to view his account in the private area:
(a) details on the purchased Gift cards for each individual order;
(b) the status of each Gift Card (residual credit and expiry date) for all Gift Cards except those sent as a gift to another recipient.
2bis.3.9. Even without registering on the Site, the Buyer or recipient can check the status of the Gift Cards (residual credit and expiry date) in the shopping cart check-out section, clicking the appropriate button and entering the Gift Card code in the relative field.
2bis.3.10. The Buyer is expressly warned and hereby acknowledges that any person who knows the Gift Card code can use it on the Site: the Buyer, or any third party to whom the code is communicated, must keep the code in a safe place. As for the conditions of use of the Gift Card, it is understood that the Buyer or recipient of the Gift Card shall abide by the conditions and sales system provided by the Seller each time, also in computerised form.
2bis.4. Right of withdrawal from the purchase of a Gift Card
2bis.4.1. The Buyer is entitled to withdraw from the Gift Card purchase contract, without penalties, within a maximum of 14 (fourteen) days from the Gift Card purchase date, i.e. the date the Gift Card activation email is received. The exercising of the right of withdrawal is expressly excluded in cases of withdrawals from the purchase of a Gift Card that has been partially or totally used to purchase Products on the Site.
2bis.4.2. To exercise a right of withdrawal, within the term indicated in par. 2bis4.1 above and on the condition the Gift Card has not bee partially or totally used to purchase Products on the Site, the Buyer must inform the Seller of his decision to withdraw from the contract sending an explicit statement using the Contact form, or by email to the address firstname.lastname@example.org, or using the form Attached.
2bis.4.3. On completing the procedure provided in par. 2bis.4.2 above, the Buyer will receive an email confirming the withdrawal and deactivation of the Gift Card, including:
(i) the order number from which withdrawal is confirmed,
(ii) the Gift Card code for which withdrawal and deactivation is confirmed - with the final digits obscured if the Gift Card was purchased as a gift for another person;
(iii) the expiry date and value of the Gift Card.
If the right of withdrawal is exercised on a Gift Card purchased as a gift for another person, the latter will receive an email informing him that the Gift Card has been deactivated as a result of the Buyer exercising his right of withdrawal.
2bis.4.4. In case of withdrawal under par. 2bis.4 herein, the Buyer will receive a refund for the amount paid to purchase the Gift Card, without undue delay and, in any case, no later than 14 (fourteen) days from the date he communicates his intention to exercise his right of withdrawal. Said refund will be effected using the same means of payment used by the Buyer to purchase the Gift Card, unless the Buyer requests the refund to be made using a different means of payment: in the latter case, the Buyer will be charged all additional costs incurred to refund the amount to the different means of payment.
2bis.5. Right of withdrawal for Products purchased using a Gift Card
2bis.5.1. If one or more Products are purchased using a Gift Card, the Buyer is entitled to exercise a right of withdrawal, in accordance with art. 10 of these General Sales Conditions. Exercising this right of withdrawal will affect the entire order and, therefore, it will be necessary to return all the Products purchased in relation to the same. If the Buyer exercises his right of withdrawal for Products totally or partially paid for using Gift Card credit, if the terms provided in art. 10 of these General Sales Conditions are met, the amount paid for the purchase order for which the right of withdrawal is exercised, will be refunded, for the part paid for by Gift Card, directly to the Gift Card - which can be spent by the Buyer under the above indicated terms and conditions - and any other amounts paid using other means of payment available on the Site will be refunded to the Buyer, under the terms and conditions provided in par. 10.5 of these General Sales Conditions, net of any stamp duty, using the same payment method, unless the Buyer requests the refund via a different means of payment: in the latter case, the Buyer will be charged all additional costs incurred to refund the amount using the different means of payment.
3. Conclusion of the agreement.
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 email@example.com.
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 firstname.lastname@example.org.
4. Selection and purchase of the products.
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 "confirm order with payment obligation" button, 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. Delivery of the goods and acceptance.
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. Prices, shipping costs, taxes and duties.
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 or - if available- by Gift Card, 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 Buyer can use a Gift Card to pay for the price of Products by entering the Gift Card code in the designated field on the shopping cart page.
7.6 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. Legal conformity declaration of the seller, notice of conformity defects and interventions under warranty
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 the event of non-conformity of the product, to obtain, by contacting the Seller directly and within a reasonable amount of time taking into account the nature of the product, repair or replacement of the product (if and as far as possible) or alternatively to request a reduction of the price or termination of the contract.
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 using the contact form or by email to email@example.com; 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 firstname.lastname@example.org. For refunds of the price of Products paid for, totally or partially, using a Gift Card, please see the provisions indicated in par.2 bis.5.
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. Liability for damage caused by faulty products.
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. Right of withdrawal.
10.1. Further to the provisions of par. 2bis.4 and 2bis.5 above, 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 14 (fourteen) 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 will be able to exercise the right of withdrawal within the afore-mentioned term, using the contact form or by sending a communication in Italian, English, French, Spanish or German, to the email address official.shop @ducati.com. The Buyer will be provided with a Return Form and a Return Code (RMA) and the Seller shall communicate confirmation of receipt of the Return Form or Communication of Withdrawal by e-mail.
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 14 (fourteen) working days from receiving the products or 14 (fourteen) 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:
TRIBOO DIGITALE Srl c/o Arcese Trasporti S.p.a.
Via Groane n. 6
20811 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. For refunds of the price of Products paid for, totally or partially, using a Gift Card, please see the provisions indicated in par.2 bis.5.
10.9. The Buyer is liable for the costs of returning the products purchased, subject of return.
11. Additional return cases.
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:
TRIBOO DIGITALE Srl c/o Arcese Trasporti S.p.a.
Via Groane no. 6
20811 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. For refunds of the price of Products paid for, totally or partially, using a Gift Card, please see the provisions indicated in par.2 bis.5
12. Intellectual property rights.
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. Buyer's data and protection of privacy.
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.
13.4 The Buyer also acknowledges that, if the Gift Card is to be sent to a third party recipient, the Buyer must provide the recipient's details to the Seller to enable the same to send the recipient the Information Note required by art. 13 of Legislative Decree no. 196/2003 as amended,
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. Force majeure.
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. Applicable law and competent court.
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. Validity of the clauses.
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. Final provisions.
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.