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Sales conditions

GENERAL TERMS AND CONDITIONS OF SALE

 

The products sold on the website shop.ducati.com (hereinafter, the “Website”) are supplied by Alkemy S.p.A., with registered office in Milan, at via San Gregorio, 34, tax code and VAT no. 05619950966, listed in the Register of Companies of Milan with Economic and Administrative Index No. MI – 1835268, share capital 573,861.00 euros, fully paid-up. The supply and sale of the products on the Website are governed by these general terms and conditions of sale (hereinafter, the “General Terms and Conditions of Sale”).

 

  • Acceptance of the general terms and conditions of sale
  • Purchasing terms
  • Terms of payment
  • Delivery terms and costs
  • Cancellation rights
  • Guarantees
  • Privacy
  • Complaints
  • Applicable law
  •  

    Acceptance of the general terms and conditions of sale

    1. The agreement between Alkemy S.p.A. and the Customer is understood to be concluded with Alkemy S.p.A.'s acceptance, or partial acceptance, of the order. This acceptance is considered tacit if the Customer is not otherwise notified by any means. By making an order using the various methods provided, the Customer declares that he has read all the information provided to him during the purchasing procedure, and fully accepts the general conditions and terms of payment transcribed below.
    2. Once the online purchasing procedure has been completed, the Customer will print or save an electronic copy of these general terms and conditions of sale, in compliance with the provisions of Articles 49 et seq. of Italian Legislative Decree no. 206/2005 on distance selling.

    Purchasing terms

    1. The Customer may only purchase the products contained in the electronic catalog managed by Alkemy S.p.A. at the time the order is made, viewable online at the (URL) address shop.ducati.com, as described in the relative information tabs. It is understood that the image accompanying a product's description may not be fully representative of its characteristics and may differ in color, size, and the accessory products shown. All the information supporting the purchase is understood to be simple, generic, informative material and does not refer to the real characteristics of an individual product.
    2. The correct receipt of an order is confirmed by Alkemy S.p.A. in an e-mail reply sent to the e-mail address provided by the Customer. This confirmation message will contain the Date and Time of the order and a ‘Customer Order Number’ to be used in any further communication with Alkemy S.p.A.. The message includes all the data entered by the Customer, who undertakes to check their accuracy and promptly notify us of any corrections, according to the procedures described in this document. We always endeavor to ensure the accuracy of the information posted on the website but the extent of the catalog and the amount of information it contains entail the possible risk of a technical issue that could generate a different sales price from the actual one. We thus reserve the right to cancel an order if a price is incorrectly posted and our Customer Service will advise the Customer and provide him with the correct information.
    3. If the order is not accepted, Alkemy S.p.A. will promptly notify the Customer, reimbursing any sums already paid in the shortest possible time and, in any case, within 14 days of the aforementioned notification.

    Terms of payment

    1. Credit card: The payment system currently accepts Mastercard, American Express, Maestro and Visa cards; this includes PostePay cards but excludes Visa Electron cards that have not been enabled for online payments. For the purchase of goods via Credit Card payment, the transaction will be authorized at the time of the order.

    6.1 If the order is canceled, either by the Customer or in the case of its non-acceptance by Alkemy S.p.A., cancellation of the transaction will simultaneously be requested by Alkemy S.p.A.. The cancellation times for some types of cards depend exclusively on the banking system. Once the transaction has been canceled, Alkemy S.p.A can in no case be held responsible for any direct or indirect damages caused by delays or failure of the banking system to reimburse the sums.

    6.2 Alkemy S.p.A. reserves the right to request additional information from the Customer (for example, a landline phone number) or copies of documents proving the ownership of the card used. In the case of failure to provide the requested documentation, Alkemy S.p.A. reserves the right to reject the order.

    6.3 At no time during the purchasing procedure is Alkemy S.p.A. able to store information relating to the buyer’s credit card, as it is transmitted directly via a secure connection to the website of the banking institution handling the transaction. No Alkemy S.p.A. computer archives conserve these data. Therefore, Alkemy S.p.A. can in no case be held responsible for any fraudulent or illicit use of credit cards by third parties upon payment of the purchased products.

    1. Advance Bank Transfer: In the case of payment via Bank Transfer, the order will only be sent once the due amount is actually credited to the bank account of Alkemy S.p.A.. Proof of the bank transfer, including the transaction reference number, must be received by Alkemy S.p.A. (via the e-mail address official.shop@ducati.com) within 3 business days of the order acceptance date. Beyond this deadline, the order will be automatically canceled. The Customer must transfer the amount specified upon confirmation of the order using the following references: Account holder:

    Alkemy S.p.A., via San Gregorio n. 34, 20124 Milano;

    Servicing bank: Banca Sella

    IBAN IT28 Q 03268 01605 052850880051

    Payment description: order number shown on the web page and in the order confirmation email.

    1. PayPal: If you select PayPal as your payment type, you will be redirected to a page of the PayPal website, where you will enter your email address and password to make the payment. Your financial data will not be shared with Alkemy S.p.A. and will be handled directly by PayPal. We only accept verified PayPal accounts. Connect to the PayPal website to verify your account.
    2. Cash on delivery: In the case of purchases with cash on delivery, a supplementary fee will be applied to the total amount, clearly highlighted when choosing this payment method. The payment may only be made under the following terms:

    - In cash, amounting to sums no greater than 2,999.99 euros (pursuant to Italian Legislative Decree 90/2017). When choosing the payment method, the customer will be informed that payments over the limits provided for by relevant legislation cannot be accepted. Should the customer choose this payment method for an amount exceeding 2,999.99 euros, Alkemy will contact the customer through its customer service to propose an alternative payment method.

    PLEASE NOTE: If you made the payment by credit card, the recipient shown on your statement will be ALKEMY S.P.A..

     

    Delivery terms and costs

    1. Alkemy S.p.A. can only accept orders to be delivered within the countries indicated during the purchase. Alkemy S.p.A. reserves the right to not accept orders with delivery to places that are particularly hard to reach. In these cases, Alkemy will notify the Customer of the non-acceptance of the order in accordance with paragraph 5.

     Delivery to post office boxes or via post restante is precluded.

    1. When making the purchase, the Customer must request the issuance of a tax invoice from Alkemy if desired. In such cases, Alkemy will send it to the e-mail or residential address indicated when signing up. For the issuance of the invoice, the information provided by the Customer at the time of the order will prevail. Once the invoice has been issued, the data cannot be modified. We thus advise the Customer to check the data entered carefully before placing the order.

    If the invoice is not requested at the time the order is made, in no cases can it be issued retrospectively.

    The Alkemy S.p.A. sales system, as an online seller, does not require the issuance of an invoice (or tax receipt) to a consumer (not possessing a VAT number), in accordance with Article 22 of the Decree of the President of the Republic no. 633 of 26/10/1972 and Article 2, letter oo) of DPR no. 696 21st December 1996 (as confirmed by Resolution no. 274/E of 5th November 2009). If an invoice is not requested by the Customer, Alkemy S.p.A. will send the buyer a purchase receipt, not valid for tax purposes and useful solely for assistance or warranty purposes, via the e-mail or residential address indicated when signing up.

    1. Delivery costs are charged to the customer and are explicitly shown when the order is placed. Payment of goods by the Customer will take place using the method chosen when placing the order. The Customer owes nothing more than the order total.
    2. The availability of the products sold is limited to the availability of the products themselves and is a condition for the validity of the offers. If stock is sold out, even temporarily, Alkemy S.p.A. has the right to reject the customer’s purchase request by means of formal notification via e-mail, in which any available products may also be indicated as substitutes of an equal or greater price to the ones purchased, with payment by the Customer of any difference in price. Unless the customer requests to purchase a product in substitution of the one out of stock, Alkemy S.p.A. will reimburse any sums already paid by the Customer in the shortest possible time and, in any case, within 14 days of the date in which the order was canceled. The requested products will be delivered in the shortest time possible, usually within 5-7 business days. Alkemy S.p.A. undertakes to comply with a maximum delivery time no greater than 30 days, except in cases of force majeure. The maximum delivery time is calculated from the contract conclusion date. In the case of delays of over 30 days, the Customer and Alkemy S.p.A. will agree upon a new delivery date if the Customer does not state his intention to withdraw from the contract of sale, notifying us of this via the contact form under the item Returns and Refunds.

     

    1. Unless explicitly indicated by Alkemy S.p.A.’s Customer Service, delivery is understood to be at street level. At the time of delivery of goods by the courier, the Customer is required to check: - That the number of delivered packages corresponds to those shown on the transport document sent in advance via email; - That the packaging is intact, undamaged, is not wet or otherwise altered, including its sealing materials (adhesive tape or metal straps). Any damage to the packaging and/or product or difference in the number of packages or indications must be contested immediately, placing GOODS RECEIVED UNCHECKED on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer cannot make any objections regarding the external characteristics of the goods delivered. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 8 days of delivery via the Contact Us form, without prejudice to the Customer’s right to the legal guarantee of conformity referred to in point 21 below et seq. and to the right to withdraw, referred to in point 16 below et seq.
    2. In the case of failure to collect material held by the courier as a result of the repeated inability to deliver to the address indicated by the Customer when placing the order within 5 business days, the contract of sale will be terminated with the refund of the relative price paid by the Customer.

     

    Right to withdraw

    1. Pursuant to Articles 52 et seq. of Italian Legislative Decree 206/2005, if the customer is a consumer (that is, a natural person purchasing the goods for purposes not related to their professional activities), he has the right to withdraw from the contract of sale for any reason, without providing explanations and without any penalty, except for the types of products for which this is expressly excluded (see Article 59 of Italian Legislative Decree 206/2005) and without prejudice to the provisions of point 16 below.
    2. The right to withdraw may be exercised within 14 days of receiving the product, using the following procedures: i) the Customer sends an e-mail addressed to official.shop@ducati.com.For this purpose, the withdrawal form posted on the website under the item Customer Care, Returns and Refunds may be used but is not mandatory. The Customer must state the order number shown in the “order confirmation” on the return form received together with the delivery documents. The product must be returned to "Resi Ducati" c/o Alkemy S.p.A. /QUICKLY LOGISTICS HOUSE SRL - Loc. IL POGGIO Strada provinciale 7, 1 29010 - Gazzola (PC) within 14 days of the withdrawal date. The refund of the price paid for the purchase of the product does not include delivery costs, which are fully charged to the Customer intending to withdraw from the purchase. Alkemy will collect the Products at the shipping costs indicated on the Website only if they, by their nature, cannot be normally returned by the Customer via post.
    3. The right to withdraw is subject to the following conditions:

    - The right applies to the purchased product in whole; withdrawal cannot be exercised on only part of the purchased product (e.g. accessories, etc…);

    - The purchased  goods must be intact and returned in their original packaging, complete with all their parts (including packaging and any documentation and accessory equipment, manuals, etc…); to minimize damage to the original packaging, we recommend, when possible, to place it inside a second box, on which to affix the label provided by Alkemy S.p.A., showing the RMA (return merchandise authorization) number; in all cases, avoid affixing labels or adhesive tape directly to the original product packaging;  

    - Until its certified receipt in our warehouse, the shipment is the customer’s complete responsibility;

     - In the event of damage to the goods during transportation, Alkemy S.p.A. will notify the customer of the event (within 5 business days of receiving the goods in its warehouses), to allow him to promptly report this to his chosen courier and obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the withdrawal request; - Alkemy S.p.A. is in no way responsible for damage or theft/loss of goods returned via uninsured shipments;  

    1. Alkemy S.p.A. will refund the customer the full amount already paid (net of the direct return costs referred to in paragraph 16 above if the products are not returned directly by the Customer via post) within 14 days of receiving the withdrawal notification, through the transfer of the charged amount to a Credit Card or via Bank Transfer. In the latter case, the Customer should promptly provide the bank details for the refund (IBAN code of the bank account of the person invoiced). Alkemy S.p.A. may suspend the refund until it receives the products or until the Customer provides proof of return of the products, if previous.
    2. Notwithstanding that the customer is solely responsible for a decrease in the value of goods resulting from the handling of the goods other than to establish their nature, characteristics and functioning, the right to withdraw is excluded in relation to:

    - Damage to the product not caused by transportation.

     In the case of forfeiture of the right to withdraw, Alkemy S.p.A. will give notification via e-mail; the product will remain available to the Customer at the Alkemy S.p.A. warehouse for a period of 30 (thirty) days from the date of the email. After this deadline, Alkemy will return the product to the Customer by courier. The delivery expenses and the price of the product, if already refunded, will be charged to the Customer.

     

    Guarantees

    1. All products are covered by the legal guarantee of 24 months for conformity defects, pursuant to Articles 128 et seq. of Italian Legislative Decree no. 206/2005 and subsequent amendments and, where present, by the manufacturer’s standard warranty. To take advantage of both guarantees, the Customer must keep the invoice (or payment document) received via email following the delivery.
    2. The manufacturer’s standard warranty is provided in accordance with the terms described in the documentation contained inside the product packaging. It is voluntary and does not replace, limit, exclude, or jeopardize the right to the Legal Guarantee of Conformity. The duration, territorial extent, procedures for use, types of damage/faults covered and any limitations to the Manufacturer’s Standard Warranty are items shown in the so-called warranty certificate contained within the product packaging.
    3. The guarantee of 24 months pursuant to Articles 128 et seq. of Italian Legislative Decree no. 206/2005 applies to products presenting conformity defects, provided that the product is used correctly, for its intended use and respecting the provisions of the attached technical documentation. This guarantee is reserved to private consumers (natural persons purchasing the goods for purposes not related to their professional activities). In the case of conformity defects, Alkemy S.p.A. will provide for the restoration of the product conformity at no cost to the customer by repair/replacement or price reduction, until the termination of the contact. If, as a result of intervention by an Authorized Service Center, the fault is found not to be a conformity defect pursuant to Articles 128 et seq. of Italian Legislative Decree no. 206/2005, the Customer will be charged any verification and repair costs required by the Authorized Service, as well as transportation costs if incurred by Alkemy S.p.A..
    4. The customer may request, at his choice, a suitable price reduction or the termination of the contract if one of the following situations occurs:
    5. a) The repair or replacement is impossible or too expensive;
    6. b) The seller has not provided for the repair or replacement of the goods within a reasonable time limit, taking into account the nature and purpose for which the Customer purchased the goods;
    7. c) A previous replacement or repair caused the Customer considerable inconvenience.

    In determining the amount of the reduction or the sum to be refunded, Alkemy takes the use of the goods into account.

    1. No damages may be claimed from Alkemy S.p.A. for any delays in carrying out repairs or replacements.
      26. For cases in which the application of the guarantees involves the return of the product, the goods must be returned by the Customer in their original packaging, complete with all their parts (including packaging and any documentation and accessory equipment: manuals, accessories, etc…); to minimize damage to the original packaging, we recommend, where possible, placing it inside a second box; in all cases, avoid affixing labels or adhesive tape directly onto the original product packaging. 

     

    Privacy

    1. Alkemy S.p.A., with registered office at via San Gregorio no. 34, 20124 Milan processes data relating to the sale of products as an independent data controller. We invite you to read the privacy policy that can be accessed in the footer of the Website.

     

    Complaints

    1. For information or to make a complaint, you can contact Alkemy, via San Gregorio no. 34, 20124 Milan, or use the Contact Us form.

     

    Applicable law

    1. The contract of sale between the Customer and Alkemy S.p.A. is concluded in Italy and governed by Italian Law. For civil and criminal disputes arising from the conclusion of this distance sale agreement, if the Customer is a consumer, the territorial jurisdiction is that of the court of reference of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan.

    Amendments and updates

    1. These General Terms and Conditions of Sale may be amended from time to time, also in light of changes to the relevant legislation. The new General Terms and Conditions of Sale will be effective with regard to product sales agreements entered into by the date of their publication and acceptance by the Customer.

     

    Pursuant to and for the purposes of Italian Legislative Decree no. 130 of 6th August 2015, containing provisions for the implementation of Directive 2013/11/EU on the alternative resolution of consumer disputes, we inform you of the existence of an alternative dispute resolution platform accessible at the following address:

    Online dispute resolution.

    Czech Republic