CONTRACT OF SALE - Legal
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1. DEFINITIONS
1.1. "Ducati" means Ducati Glasgow, Trading @ 234 / 236 Gt Western Road Glasgow. G4 9EJ
"Client" means the individual who has ordered the Products under this Contract. 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 Client not be a ‘’consumer’’, he/she
shall abstain from sending an order to Ducati.
"Order" means the request form about goods or services offered by Ducati, submitted by the Client to Ducati through the Site.
"Products" means goods and services specified in the Order sold or supplied by Ducati under this Contract.
"Price" means the consideration for the Products and the delivery cost, as specified in the Contract.
"Contract" means the Products contract of sale, regulated by the present general terms and conditions.
"Parties" means Ducati and the Client.
"Site" means the web site www.ducatiglasgow.co.uk owned and operated by Ducati Glasgow with registered office at 234-236 Great Western Road, Glasgow, G4 9EJ.
2. PRODUCTS SALE
2.1. The Products are sold and supplied under the terms and conditions provided by the Contract published on the Site at the time of the Order, with the exclusion of any other terms or condition, with the characteristics posted on the Site at the time of the Order.
2.2. The Contract is concluded by Parties when the Client Order is received by Ducati.
2.3. Products are sold until run out of stock.
2.4. Prices and Products are subject to change in any moment with no prior notice.
2.5. This Web Site may be accessed by users internationally and may contain references or cross references to Products that are not available or are prohibited in the Client country. Such references do not imply that Ducati intends to make available in your country such Products or that such Products may lawfully be purchased and used in your country.
2.6. Ducati reserves the right without prior notice to discontinue any Products or change specifications at any time without incurring any obligations.
2.7. Ducati reserves the right to make any changes and improvements to any product with no obligation to make such changes to the Product sold prior to change introduction.
2.8. All Products explicitly for sale or in any case pictured on the Site are for sale in the indicated countries only.
2.9. Products specifications may vary from country to country depending on local laws, and some Products are not available in certain countries.
2.10. Please note that many countries prohibit the importation, registration and/or use of Products not built in accordance with their local specifications.
3. Liability for damage casued by faulty products
3.1. 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.
4. ACCEPTANCE OF THE PRODUCTS
4.1. Unless the Client, within and not beyond 7 (seven) days from the delivery time, notifies Ducati in writing as to the presence of possible defects in the Products, the Products will be considered approved by the Client at the delivery time.
4.2 In accordance with consumer protection (Distance
Selling) regulations 2000, the Client has seven working days in which to
cancel the Order. The Products must be unused, boxed, with all
accessories, and in 'as new' condition. Any claims for damage,
non-functionality and mis-shipping must be made in writing within 7 (seven) days of receipt. After this date, faulty Products returned within a reasonable time will be
refunded or replaced as compliant with the amended Sale of Goods Act 1979.
4.3 Ducati reserve the right to charge a restocking fee of up to 25% on Products which
prove to be non-defective.
4.4 The Client is responsible for ensuring safe delivery of the returned Products. We remind you that the returned product has to be intact and returned in
the same conditions that it was received: that is in perfect
conservation status, unused, equipped with the original package and any / all possible included accessories.
4.5 In the case of a refund (when the Order has been cancelled) Ducati will NOT refund
the initial carriage charge. Also Ducati will charge a collection fee (typically
£15 in the UK, this charge will vary internationally, details can be requested and obtained by emailing info@ducatiglasgow.co.uk) if the customer is unable to return the Products themselves.
4.6 These terms and conditions do not affect your
statutory rights. All Products are sold subject to the The Sale of Goods Act 1979,
the Sale and Supply of Goods Act 1994, the Unfair Contract Terms Act 1977.
E&OE. and the Distance Selling Act 2000.
5. CLIENT OBLIGATIONS
5.1. The Client must check, before submitting his/her Order, eventually with his/her local Ducati Dealer too, for details on the lawful purchase and use of any Products listed or displayed in the Site in his/her own country.
5.2. The Client is the only responsible for the purchase and use of Products.
5.3. The Client must use all Products appropriately and give all reasonable information and facilitation to Ducati to allow Ducati to carry out its own contractual obligations.
5.4. The Client must follow any normative prescription to him/her which is applicable.
5.5. The Client, using and eventually assembling or installing the Products, undertakes to carefully read the relevant information, warnings and instructions supplied with the Product about its assembling and use and to strictly follow their prescriptions.
5.6. If the Client hasn't a sufficient capability and technical preparation to install or to assemble correctly the Product or He/She thinks in good faith to not have it, the Client undertakes to let install or assemble the Product by technically prepared and qualified personnel.
5.7. Fitting a motorbike with specific Products could affect the motorcycle type approval and compliance with the legal requirements and thus lead the owner or user to infringe the prevailing rules.
5.8. With reference to the Products marked with any compliance symbol, the Client is expressly warned that he/she will have to check, before submitting his/her Order, that the use of such Products does not infringe the prevailing national rules as for type approval and road circulation.
6. PRICE AND PAYMENT OF THE PRICE
6.1. The payment must made by the Client by credit / debit card and in its entirety at the time of the Order.
6.2. The Price for Products will be the price preventively set by Ducati on the Site and, in any case, the Price displayed on the Site at the Order time on the same Order.
6.3. The total Price displayed on the Order, VAT included if due, is before customs charges and any other sale tax, that the Client undertakes, since now, to pay in addition to the Price according to the country law in which the Products will be delivered.
6.4. The Price doesn't include Product assembly and installation cost.
7. Intellectual Property Rights
7.1 The Client 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, Ducati Motor Holdings SPA or third
parties.
7.2 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.
8. PRODUCTS WARRANTY.
8.1. Ducati, according to European Directive 44/99/EC 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 12 (twelve)
months from delivering the product to the Client.
8.2. The legal warranty allows the Client, 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 Ducati 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 Ducati and/or manufacturer of
the product is not covered by the warranty. Ducati does not guarantee in any way that the Products are fit for any
purposes beyond their typical and intended use and the Client expressly declares to
have been not induced to order the Product on a specific request related
to the using aims.
8.4. The possible notice of a non-conformity defect of the product
shall be presented together with the product receipt released by Ducati (tax document issued by Ducati 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 Client within 1 (one)
month 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 Client to Ducati by email, at info@ducatiglasgow.co.uk; Ducati
will promptly notify the Client about the methods through which he/she
can return or submit the product.
8.7. Ducati 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 Client by email at the Client’s address
provided when registering to the Site.
8.8. In case of proven non-conformity of the product, Ducati will
refund the shipping costs for returning the non compliant Product to
the Client and will repair or replace the product with a new one, without
any cost to the Client; in the latter hypothesis, the non compliant,
returned product will remain the property of Ducati.
8.9. The aforementioned reimbursement will take place through bank
transfer in favour of the Client. The Client will notify the bank details
to Ducati as to where to issue the bank transfer in his/her favour and in
order for Ducati, to return the sum due, always by sending an email to info@ducatiglasgow.co.uk.