CONTRACT OF SALE - LEgal
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.
"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 operated by Ducati Glasgow.
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. DELIVERY, TRANSFER OF TITLE AND RISKS
3.1. The Products, if goods, will be delivered to the address specified on the Order by the Client.
3.2. The delivery of the products will take place within 60 (sixty) days of the Order receiving date by Ducati. The delivery dates listed on the Site are purely as an indication and not binding for Ducati. The Client will be informed of any changes to this fact.
3.3. If the Products, subsequent to the Order, became unavailable, Ducati may, at its discretion, replace the Products with another of corresponding value or return what has been paid.
3.4. The property and risk of Products pass to the Client at the moment of delivery to the address specified on the Order by the Client.
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.
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. PRODUCTS WARRANTY
7.1. Ducati distributes the Products in conformity with current industrial standards.
7.2. Ducati guarantees that the Products are fit to the use to which commodities of the same type habitually serve and that the Products possess the qualities declared by Ducati.
7.3. Ducati doesn't guarantee in any way that the Products are fit for any purposes beyond their typical use and the Client expressly declares to have been not induced to order the Product on a specific request related to the using aims.
7.4. Consequential defects stemming from incorrect installation or assembly, improper use, interventions or changes effected by unauthorised person or by the Client or by accidental or deliberate losses, which occur after the delivery, cannot result in any Ducati liability.
7.5. If the Client is a consumer, on the basis of the laws in force, Ducati guarantees the Products according to the European Directive 99/44/CE
In particular, Ducati warrants the Products for a period of twelve (12) months from delivery date to the first consumer owner. This warranty covers the manufacturing faults acknowledged and ascertained by Ducati in all the countries being part of Ducati sales and service network ("Official Network").
In these cases the consumer is entitled to the free repair or replacement of the defective Product.
The defective Products replaced under warranty become property of Ducati.
This warranty keeps unchanged the unbreakable rights acknowledged to the consumer by the different local unbreakable regulations.
The warranty offered by Ducati does not cover:
a) the Products used on motorcycles in any kind of sports competitions;
b) the Products on hired motorcycles;
c) the Products showing defects originated by accidents, negligence or overload;
d) the defects originated by normal wear, oxidization or bad weather conditions;
e) the defects the consumer was aware of or could not be aware of according to ordinary diligence upon Product delivery and receipt:
f) the Products which were disassembled, modified and/or repaired by people other than Official Network personnel;
g) the faulty Products due to misuse or abuse of the concerned Product or motorcycle.
The following indications shall be accomplished in order to maintain general warranty conditions validity:
a) keep the tax document certifying the purchase of the Product involved showing the relevant purchase date;
b) notify any possible defects to Ducati within 2 months from the day faults were detected;
c) strictly comply with the instructions and warnings given by Ducati and coming with the Product.
Failure to meet obligations here indicated will make this warranty offered by Ducati become null and void.
Any defects or delays in repairs or replacements by the Official Network do not entitle the consumer to any compensation or warranty extension from Ducati.
8. LIABILITY
8.1. Ducati will not be answerable for losses or damages suffered by the Client or third parties caused by breakdowns or defects in the Products, unless such breakdowns or defects are caused by negligent or fraudulent fact of Ducati.
8.2. Ducati will not be responsible for the incorrect use, installation, assembly of Products and any consequences arising from that due to Client non-observing information, warnings and instructions about the Product, its installation, assembly or use.
8.3. With reference to paragraphs 5.7. and 5.8., Ducati disclaims any liability for the damages occurred to the Client in case the Products marked with any compliance symbol are used in violation of the Client prevailing rules.
8.4. Ducati disclaims any liability in case the Client has ordered a Product that is not possible to purchase and/or use legally in the destination country of the Product.
9. FORCE MAJEURE
9.1. The Parties won't be answerable for the delay in the performance of their obligations, according to the Contract, if said delay is caused by circumstances out of their reasonable control. The party late for force majeure will have the right to a reasonable extension of time to perform such obligations.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Client undertakes to respect the rights related to the Products intellectual property according to Uk, Scottish and international law in force normative.
11. PRIVACY PROTECTION.
11.1. The personal data communicated to Ducati by the Client will be processed in accordance under supervision of the Data Protection Act 1998.
12. ENTIRE AGREEMENT
12.1. The Contract replaces all the contracts, the engagements and the agreements previously intervened between the Parties and, together with the Order, the general conditions about the use of the Site and the conditions of the registration service, to be considered here expressly reproduced, constitutes the entire agreement between the Parties regarding the subject of the Contract.
12.2. The Client declares to have not been induced to agree to this Contract by precedent oral disclosures.
12.3. The Client, if consumer according to the laws in force, expressly authorises Ducati to use his/her e-mail address for the activities concerning the Contract. In particular, the Client agrees, that the written confirmation of the Contract terms and conditions can be carried out by e-mail and the Client undertakes to download, print and keep them.
12.4. Any variation or change to the Contract will have to be approved in the form of written evidence by both Parties.
13. CONSUMERS
13.1. THE PRESENT CONDITIONS WILL NOT PREJUDICE THE RIGHTS ATTRIBUTED BY SCOTTISH LAW TO THE CLIENTS OF DUCATI THAT ACT AS "CONSUMERS" .
14. LANGUAGE
14.1. The Contract is compiled in English. In any case of discordance between the parties languages or doubts about Contract interpretation, the English one will prevail.
19. APPLICABLE LAW AND JURISDICTION
19.1 The Contract will be governed by and interpreted in accordance with the laws of the United Kingdom and specifically under the supervision and control of Scottish law.
19.2. The Parties undertake that it is expressly excluded the application to the Contract of the United Nations Convention on Contracts for the International Sale of Goods.
19.3 For everything expressly provided herein, the dispositions of Uk and specifically Scottish law are in force.
20. MEDIATION
20.1 If a dispute arises out of or in connection with the Contract, including any dispute as to its existence, validity or termination, the Parties agree to first seek every possible amicable settlement prior to any form of litigation.