Definitions.
"Ducati" means Ducati Motor Holding S.p.A. – A Sole Shareholder Company
- A Company subject to the Management and Coordination activities of
AUDI, Via Cavalieri Ducati n. 3, Bologna, Italy.
“Site” means the web site www.ducati.com owned and managed by Ducati.
"User" or "You" means any visitor or user of the Site.
The sections of the Site are operated directly by Ducati or by third
parties each time expressly indicated.
This agreement describes the terms and conditions relevant to the use of
the Site and the products and services available through this Site.
These terms and conditions describe User responsibilities and, among
other things, they limit the liability of Ducati. Before using the Site,
please read all of this agreement carefully.
BY ACCESSING ANY PART OR AREAS OF THE SITE, THE USER AGREES TO BE
LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND TO ABIDE BY THEM.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU ARE
NOT ALLOWED TO USE THE SITE.
Copyright notice.
The User acknowledges that information, data, software, photographs,
graphs, video, wallpapers, typefaces, graphics, music, sounds, images,
illustrations, designs, icons, texts and other material on the Site are
Ducati’s and/or third parties’ copyrighted works.
Duplications, reproductions, even if partial, downloading, storage,
publication or diffusion by any mean and in general any acts of
disposition or use of information or material retrieved from this Site,
in all forms, by media and technologies now existing or developed in the
future, are forbidden, failing expressly advice to the contrary.
Trademark notice.
"Ducati" and "Ducati Corse" are figurative and denominative trademarks
of Ducati Motor Holding S.p.A., as the logos used in the Site are
registered by Ducati Motor Holding S.p.A.
Trademarks and logos of third parties used in the Site are exclusive
property of the respective owners.
The use and reproduction in any form and way of these trademarks and
logos are forbidden.
Acceptable use.
The User may only use the Site to make legitimate operations and may not
use the Site to make any speculative, false or fraudulent operations.
Unless otherwise expressly specified by Ducati, any part or section of
the Site, the information and the material available in the Site, are
for personal and non-commercial use only.
The User represents that he/she is of age (18 years old) and in any case
of sufficient legal age to create binding legal obligations for any
liability the User may incur in, as a result of his/her use of this
Site, and in any case more than 14 years old. If not, the User is not
allowed to use the Site.
It is a violation of law to place contract proposals in a false name or
with an invalid credit card. Fraudulent Users will be prosecuted to the
fullest extent of the law.
Warranties.
Except for express written specific manufacturer or supplier's
warranties, all products and services available through this Site are
provided on an "as is", "as available" basis without warranties of any
kind, either expressed or implied. Without limiting the above, no
warranty or guarantee is made (i) that a User will receive the lowest
available market price for goods or services available through the Site
(ii) that the use of the Site will be error free, (iii) regarding the
results that may be obtained from the use of the Site, or (iv) regarding
the accuracy, reliability or quality of any product, information
content, service, advice or goods provided or available through the
Site.
User expressly agrees that the use of the Site is at User's sole risk.
Product and services features.
The Site may be accessed by users from all over the world and may
contain references or cross references to products and services that are
not available or are prohibited in the User country. The presence of
such references do not imply that Ducati intends to make available in
User country such products and services, or that such products and
services may lawfully be used in User country. Ducati reserves the
right, without prior notice, to discontinue products or services or
change their specifications at any time without incurring any
obligations.
All the products and services explicitly destined for sale on the Site
are for sale and use only in the countries expressly indicated.
Products and services specifications and availability may vary from
country to country depending on local laws.
All products and their related technical data, as well as illustrations,
advice and information available through this website are provided on an
"as it is, as available" basis without warranties of any kind, either
expressed or implied. Such information, progressively updated, has a
mere indicative value and is not binding for Ducati. Ducati will not be
liable for any mistakes in copy and/or translation.
Not all colours and/or versions are available in all countries. Ducati
reserves the right to make changes and improvements to any product
without any obligation to give prior notice or to carry out such changes
to products already sold. Further product specifications are in each
model's owner manual. The products represented are not definitive
versions and may therefore under go both minor and substantial
modifications at Ducati's discretion and without any prior notice.
PLEASE NOTE THAT MANY COUNTRIES PROHIBIT THE IMPORTATION, REGISTRATION
AND/OR USE OF VEHICLES OR PRODUCTS NOT BUILT IN ACCORDANCE WITH THEIR
LOCAL SPECIFICATIONS.
For more details, please contact your local reliable Ducati Dealer.
General limitation of liability.
The information, software and services included in or available through
the Site may include inaccuracies or errors.
Changes are periodically made to the information. Ducati and/or its
respective suppliers may make improvements and/or changes in the
Site/services at any time.
Ducati and/or its respective suppliers make no representations about the
suitability, reliability, availability, timeliness, lack of viruses or
other harmful components and accuracy of the information, software,
services and related graphics contained within the Site/services for any
purpose.
In no event shall Ducati and/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damage or for any
damages whatsoever including, damages for loss of use, data or profits,
arising out of or, in any way, connected with the use or performance of
the Site/services, with the delay or inability to use the Site or
related services, the provision of or failure to provide services, or
for any information, software, products, services and related graphics
obtained through the Site.
IN NO EVENT SHALL DUCATI BE LIABLE FOR EVENTUAL DAMAGE, LOSS,
NON-PERFORMANCES CAUSED BY SERVICES OR SECTIONS OF THE SITE NOT DIRECTLY
OPERATED BY ITSELF.
In no event shall Ducati and its directors, officers, employees, or
collaborators, be liable for any injury, loss, claim, damage, or any
special, exemplary punitive, incidental or consequential damage of any
kind, either based in contract, tort or otherwise, which arises out of
or is in any way connected with any use of the Site not in accordance
with these terms and conditions, even if Ducati has been advised of the
possibility of such damage.
If, notwithstanding the above, Ducati is found liable for any loss or
damage relating to the use of the Site, User accepts and agrees that the
liability of Ducati shall in no event exceed the User fee (if any) for
the use of the Site.
All applicable photographs show professional riders on a controlled
racetrack. Never attempt any action that could be potentially hazardous
to you or to other road and track users.
Third Parties
.
If You use the Site to submit a purchase order or to make a reservation
for or on behalf of a third party ("Third Party”), You are responsible
for any error in the accuracy of information provided relevant to such
use. In addition, You must inform Third Party of all terms and
conditions related to the Site use and to the purchase and reservation
of products and services, including all rules and restrictions
applicable, as well as of all products and services features. Each User
using the Site for or on behalf of a Third Party, agrees to indemnify
and hold Ducati harmless from and against any and all liabilities,
losses, damages, suits and claims (including the costs of defence),
relating to the Third Party's or the User's failure to fulfil any of its
obligations as described above.
In case the Third Party will result defaulting, the User will be
directly responsible for any sent purchase order or reservation,
included all the related costs, charges and obligations.
Links to other Web Sites and Services.
The Site contains references to products and services supplied by third
parties or links to third parties web sites.
Ducati does not guarantee and assume any responsibility for the accuracy
or completeness of the information and content provided by these third
parties, or included on the web sites of these third parties.
Ducati has no responsibility for the contents, availability, operation
or performance of any other web site, to which the Site may be linked or
from which the Site may be accessed.
THE HYPERLINK TO THE HOME PAGE OF THIS SITE MAY BE CREATE UPON WRITTEN
REQUEST SENT TO DUCATI. DUCATI RESERVES THE RIGHT TO DENY THE
AUTHORISATION IN CASE THE LINK, IN ITS SOLE DISCRETION, MAY REPRESENT A
DAMAGE FOR DUCATI ITSELF (INCLUDED IMAGE AND REPUTATION DAMAGE).
DEEP LINKING OR FRAMING, MADE TO AVOID THE CONTENT AUTHORSHIP
RECOGNITION, ARE EXPRESSLY FORBIDDEN.
Privacy protection.
Ducati is committed to respecting Users privacy and security. Data that
the User will eventually send to Ducati through the Site will be
processed with maximum attention and by all the instrument necessary for
their security, in full accordance with Italian law about privacy
protection.
To enable same specific functions, the Site may use cookies. The User
may, in his/her discretion, be informed by his/her browser or prevent
his/her browser from accepting cookies changing browser configuration.
Third parties contents and sections.
The Site includes sections, articles and in general material managed or
supplied by third parties.
Ducati has no responsibility for the lawfulness, veracity, accuracy,
completeness or any other feature regarding the contents of this
material or of the Site sections managed by these third parties.
The accountability for the contents of this material or Site sections,
including the ownership and the legitimacy of the use of text, images,
photographs, music, clips or everything else, is the exclusive
responsibility of the third party cited. Any claims regarding the
contents of the material or of the Site sections, managed or supplied by
third parties, are to be directed exclusively to the respective authors
or provider.
Indications and complaints.
Ducati shall, if a sufficiently motivated request is sent by writing or
e-mail to Ducati, timely remove the material posted on the Site that
will result property of parties, different from the material author or
the section provider indicated, which may legitimately claim rights or
interests in the material or its contents, or should the material or its
contents damage any interest or right protected by law, or should the
material or its contents infringe the law.
For any request, indication or complaint, please write to:
Ducati Motor Holding S.p.A., via Cavalieri Ducati n. 3, 40132, Bologna,
Italy.
Fax: + 39 051 6413879
E-mail: contact_us@ducati.com
Termination of use
DUCATI MAY TERMINATE OR SUSPEND USER ACCESS TO ALL OR PART OF THIS SITE,
AT ANY TIME, WITHOUT NOTICE AND IN ITS SOLE DISCRETION.
Entire agreement.
These terms and conditions represent the entire agreement between You
and Ducati regarding your use of the Site and supersedes any prior
statement or representation.
The User declares to be informed that the purchase or reservation of
products or services, the fruition of particular services or specific
parts of the Site are governed by further legal and/or contractual
limitations as posted on the Site.
DUCATI MAY AT ANY TIME, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AND
CONDITIONS AND POSTED THE NEW TERMS AND CONDITIONS ON THE SITE. THE NEW
TERMS AND CONDITIONS WILL BE IN FORCE FROM THE TIME THEY WILL BE POSTED
ON THIS SITE.
THE SITE USE BY USER WILL BE GOVERNED BY TERMS AND CONDITION POSTED ON
THE SITE AT USE TIME.
Severability.
Any clause heading used herein is for convenience only and shall not in
any way affect the interpretation of these terms and conditions.
Should any clause or part of it be held to be invalid because it
contravenes any applicable legal provisions, all other terms of any such
clause or part of a clause shall remain in full force and effect.
These terms and conditions are compiled in Italian and in English. In
whatever case of discordance between the two texts or doubts about their
interpretation, the Italian one will prevail.
Applicable law and jurisdiction.
THESE TERMS AND CONDITIONS WILL BE GOVERNED BY AND INTERPRETED IN
ACCORDANCE WITH THE LAWS OF ITALY.
Any controversy arising from these terms and conditions will be subject
to the exclusive jurisdiction of the Court of Bologna, Italy.
For all herein expressly not provided for, the provisions of Italian law
are in force.