The ability to combine style and esthetics with cutting-edge technology is what distinguishes Made in Italy Ducati.
GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE OF THE GIFT CARD
What the Gift Card is
- The Gift Card is a gift voucher that can be purchased on-line, by accessing the Website
www.shop.ducati.com (hereinafter generically referred to as the "Site") that can be used for making personal
purchases or be given as a gift to a third party.
Once the Gift Card purchase procedure is completed, an email containing the Gift Card code will be sent to the recipient ("Beneficiary") indicated by the Purchaser at the time of purchase. The Gift Card shall be immediately usable by the Beneficiary only for the purchase of the products sold upon accessing the Site, with no need to activate the Gift Card itself, which shall be active from the time when the aforementioned e-mail is sent.
The Gift Card is issued by Ducati Motor Holding S.p.A, with registered office at Via Cavalieri Ducati, 3 - 40132 Bologna (BO) (hereinafter "Ducati") and is sold on the Site by Drop Srl, with registered office in Montegranaro, 63812, viale Sandro Pertini n.1, Tax Code and VAT no. 01383870431 (hereinafter "DROP" or "Seller").
Ducati is also the owner of the Site, as well as the Supplier-Manufacturer of the products sold on the Site.
The purchase and use of the Gift Card is governed by the following General Terms and Conditions of Purchase and Use.
The purchase of products sold by accessing the Site, on the other hand, is governed by the General Terms and Conditions of Sale that can be consulted in the relevant "Terms of Sale" section of the Site. Unless otherwise established in these General Terms and Conditions of Purchase and Use, full reference is made to the General Terms and Conditions of Sale referred to above.
How to purchase the Gift Card
- The customer wishing to purchase a Gift Card (hereinafter referred to as "Purchaser") shall
proceed by sending a special telematic purchase order to the Seller, selecting the Gift Card product and adding
it to the shopping cart.
When selecting the Gift Card, the purchaser shall indicate the value he/she intends to assign to it, which may not be less than € 50.00 (one hundred/00). The value of the Gift Card shall also constitute the purchase price thereof.
At the time of purchase, in addition to his/her personal details and those of the recipient of the Gift Card, the Purchaser shall also indicate a valid e-mail address of the Beneficiary to which the Gift Card will be sent. It is the Purchaser's responsibility to verify that he/she has entered a valid e-mail address, as no liability can be attributed to the Seller if an invalid e-mail address is given.
In order to proceed with the placing of the order, the customer must proceed by clicking on the 'Add to Cart' button.
By sending the order form, the Purchaser confirms that he/she is aware of and has unconditionally accepted the General Terms and Conditions of Sale, in addition to the specific General Terms and Conditions regulating the use and purchase of a Gift Card and the relevant Privacy Policy. Before proceeding to send the order, therefore, the Purchaser will be asked to carefully read the General Terms and Conditions of Sale (a copy of which can be printed via the print command and/or saved for personal use).
No discounts and/or promotions of any kind may be applied to the purchase of the Gift Card, including any offers and/or promotions present on the Site, which shall in any event be considered valid only for the direct purchase of the products sold on the Site.
At the conclusion of the purchase, the Gift Card, indicating the code associated with the gift voucher, will be sent to the e-mail address of the Beneficiary indicated at the time of purchase.
Right of withdrawal
- Within 14 (fourteen) days from the purchase of the Gift Card, the Purchaser, as a consumer
pursuant to Italian Legislative Decree No. 206/2005, may exercise the right of withdrawal with the modalities
explained in full in article 14 of the General Conditions of Sale available in the relevant "Terms of sale"
section of the Site, with the exception of any terms exclusively applicable to withdrawal from the purchase of
products other than the Gift Card.
The right of withdrawal with respect to the purchase of a Gift Card can only be exercised if the Gift Card in question has never yet been used by the Beneficiary.
In case of exercising the right of withdrawal with respect to the purchase of a Gift Card, once the notice of withdrawal has been received and it has been verified that the Gift card has not been used, the Seller shall refund the amount paid for the purchase in the shortest possible time and, in any event, within fourteen (14) days from the date on which the Seller has become aware of the withdrawal. The refund shall be made with the same payment methods used for the purchase of the Gift Card.
When the Seller receives communication of the exercise of the right of withdrawal by the Purchaser, it will first verify that the Gift Card has never been used, then also send an e-mail to the Beneficiary of the Gift Card, indicating that, due to the Purchaser exercising his/her right of withdrawal, the Gift Card (and the corresponding gift voucher code) is no longer usable.
Use of the Gift Card
- Upon completion of the purchase order, the Purchaser shall receive an order confirmation
e-mail containing the order summary. At the same time, an e-mail containing the code of the gift voucher
associated with the Gift Card will be sent to the Gift Card Beneficiary at the e-mail address indicated by the
Purchaser at the time of purchase. The Gift Card is immediately functional at the time of sending and does not
require any type of activation.
The Beneficiary who wishes to make a purchase using the Gift Card shall proceed following the purchase procedure as specified in the General Terms and Conditions of Sale that can be consulted in the "Terms of Sale" section of the Website and, at the time of payment, shall choose the option "Apply Gift Card" and subsequently enter the code of the gift voucher associated with the Gift Card. No more than one Gift Card can be used for each single purchase order.
The Gift Card can be used several times until its value is fully depleted and in any case within one year from the date of issue. After each expenditure, its value will be automatically deducted from that of the Gift Card until it has been completely used up. You can consult the updated balance of the Gift Card on the Site in the "check out" section or in the reserved area under "Gift Card".
If the initial or residual value of the Gift Card is not sufficient to make the desired purchase on the Site, the missing amount may be paid with the additional payment methods provided for purchases on the Site, as specified in more detail in the General Terms and Conditions of Sale that can be consulted in the "Terms of Sale" section of the Site.
The purchase of Products on the Site through the use of a Gift Card is governed by the provisions of the General Terms and Conditions of Sale that can be consulted in the "Terms of Sale" section of the Site.
The Gift Card is intended exclusively for the personal use of the Beneficiary and may not be sold to third parties.
The Gift Card can only be used to purchase the products sold upon accessing the Site; it cannot be used to purchase another Gift Card and its value is not convertible into cash.
The Gift Card is a bearer security and is equivalent to cash. Therefore, if it is misused, lost, stolen and/or damaged, it cannot be blocked and/or replaced and/or refunded. Furthermore, no liability can be attributed to the Seller and/or Ducati for any improper and/or fraudulent use of the Gift Card.
The risk of loss and the ownership of the Gift Card, indeed, transfer to the Purchaser and/or the Beneficiary when the Gift Card is sent electronically to the e-mail address provided by the Purchaser when purchasing the Gift Card.
Gift Cards obtained by any fraudulent or illegal means shall be considered null and void and, therefore, cannot be used for the purchase of products offered for sale on the Site.
Terms of Duration
- The Gift Card is active from the date it is sent to the Beneficiary and is valid for one year.
Upon expiry of this term, the Gift Card may no longer be used and any residual value thereof may not be used
and/or redeemed.
Return and right of withdrawal for products purchased with the Gift Card
- Should the
Beneficiary exercise the right of withdrawal and therefore return a product purchased with the sole use of a Gift
Card, the payment shall be refunded by the Seller through the issue of a voucher that can be used for subsequent
purchases made on the Site, valid for 12 (twelve) months from the date of its issue.
If the withdrawal and the return, on the other hand, concern an order paid using a supplemental means of payment in addition to the Gift Card, the refund shall be made, for the value of the Gift Card, by issuance by the Seller of a voucher as specified above and, for the amount in excess of the value of the Gift Card, by the same means of payment chosen by the Beneficiary at the time of purchase.
In this hypothesis, if the withdrawal is partial and the return concerns only some of the purchased products, the refund will be made as a priority using the payment method used in addition to the Gift Card.
With regard to the procedures and terms relating to the exercise of the right of withdrawal and the return of products purchased using a Gift Card, reference is made herein to the provisions of Article 14 of the General Terms and Conditions of Sale available for consultation in the "Terms of Sale" section of the Site.
Legal guarantee of conformity for products purchased with the Gift Card
- Products purchased on the Site using a Gift Card are covered by the legal guarantee of
conformity provided for in Article 13 of the General Terms and Conditions of Sale, which can be consulted in the
"Terms of Sale" section of the Site.
Privacy and Data Processing
- Pursuant to art. 14 of Regulation EU n. 2016/679, Ducati Motor Holding S.p.A, with registered
office at Via Cavalieri Ducati, 3 - 40132 Bologna (BO), as “Data Controller”, informs you that personal data
provided by a third party for the use of “gift card” services will be processed in compliance with the
dispositions of this policy. The reason for the processing is the subscription of a so-called “contract in
favour of a third party” (articles 1411, 1412 and 1413 of the Italian Civil Code) in which the recipient of the
“gift card” is identified by the contract stipulator as the beneficiary of the service/goods agreed with the
service provider (provider of the “gift card”).
The Data Controller has appointed a Data Protection Officer (DPO) responsible for compliance with data protection rules. The Data Controller and the DPO can be contacted at the head office or via email at privacy@ducati.com.
Personal data (name and email address of the gift card recipient) acquired from the gift card buyer, are processed and used exclusively to send and allow the use of the “gift card”. The legal basis of the processing is article 6.1. letter b) of Regulation EU N.2016/679 (processing is necessary for the performance of a contract to which the data subject is party). Data are processed using mainly electronic and/or telematic means and organisational and logic methods aimed at achieving the purposes indicated in this policy, adopting security measures able to reduce to a minimum any risk of destruction or loss of data, including accidental loss, and prevent unauthorised access, unlawful processing, and processing for purposes not mentioned in this policy.
Acquired data are retained for the time necessary to deliver and use the gift card, and for the time required by tax regulations in relation to contracts and will be stored and processed only in the event of audits and checks, including by the relevant Authorities.
Data will not be diffused and will be accessible by the following categories of subjects: (i) employees and consultants of the Data Controller, specifically authorised and trained by the Data Controller; (ii) service providers, appointed by the Data Controller as Data Processors; (iii) private or public subjects who have access to Personal Data by virtue of provisions laid down by law, regulations, or EU legislation, within the limits set by such dispositions.
As Data Subject, you can exercise the following rights: (a) access your personal data; (b) obtain the ratification and update of your data, request to limit the purposes for which your data can be processed (including, if possible, the right to be forgotten and to deletion); (c) object, for legitimate reasons, to the processing of your data and, where possible, exercise your right to portability.
These rights can be exercised by contacting Ducati S.p.A. via email at privacy@ducati.com.
Please be reminded that it is always possible to lodge a complaint with the Supervisory Authority (in Italy, Data Protection Authority, Rome; website www.gpdp.it or www.garanteprivacy.it; email address protocollo@gpdp.it, PEC certified email address protocollo@pec.gpdp.it).
Communications and Customer Service
- Any communications and/or complaints relating to the use of the Gift Card may be forwarded to
Customer Service via the “Contact Us” form.
In the event of any malfunctioning of the Gift Card, the Purchaser or the Beneficiary shall give notice thereof promptly and, in any event, not later than the legal terms provided for the legal warranty of conformity, by contacting the Customer Service.
Applicable law and online settlement of consumer disputes and competent court
- For the applicable law, the online resolution of any disputes arising with the consumer and
the competent court, please refer to the contents of Articles 17 and 18 of the General Terms and Conditions of
Sale, which can be consulted in the "Terms of Sale" section of the Site.