The user is asked to read the following terms and conditions carefully.
Their full acceptance provides the necessary and imperative condition to access the services offered by Ducati to the registered Users of the site.
1. Definitions.
- “Ducati” means Ducati Motor Holding S.p.A – A Sole Shareholder Company – A Company subject to the Management and Coordination activities of AUDI AG, with its registered office at via Cavalieri Ducati n. 3, 40132 Bologna, Italy (VAT and F.C. n. 05113870967, REA–Bologna CCIAA n. 473213, tel. 00800 00 382284, e-mail contact_us@ducati.com, fax +39-051-6413268).
- “Site” means the web site www.ducati.com owned by Ducati.
- “User” or “You” means the user of the Site.
- “Parties” means the User and Ducati.
- “Services” means services and parts of the Site specifically reserved for registered Users, provided in accordance with the following terms and conditions of contract.
2. Subject matter of the contract.
Registration and access to the Services are offered free-of-charge by Ducati, excepting specific notice to the contrary, based on full acceptance by the User of the present terms and conditions of contract. The User will take full responsibility and cost for the configuration of his/her computer and the installation of software for connection, as well as charges for connecting to Internet (telephone charges included) in according with his/her supplier rate. The Services consist: in a periodical information service (personalised or not) about the Ducati world and the commercial and non-commercial initiatives carried out by Ducati, by its sales and assistance network (branches, importers, dealers, distributors, garages) and by commercial partners of Ducati, mainly made by e-mail and/or by the reserved section of the Site; in the access to the reserved sections of the Site, personalised (such as the one dedicated to the Ducati bikes owned by the registered User) or not; in the access to exclusive materials, personalised or not; in the possibility to purchase or reserve goods and services trough the Site; in the possibility to send request to and to receive information and assistance from Ducati and its sale and assistance network members; in any other service reserved to the registered User of the Site. In particular, the personalised information service consists in periodical information mainly sent by e-mail to the registered User and/or displayed in the reserved section of the Site accessible upon log-in concerning Ducati and its sales and assistance network commercial and non-commercial initiatives, products and activities, related to or connected with personal data provided by the User during the registration process, for instance the news concerning the Ducati bike family which the User’s bike belongs to. Regarding these information services, when provided by e-mail, the User expressly authorised Ducati to use the e-mail address, provided by the User during the registration process, to send these information. The acceptance of this contract presupposes the capacity to have rights, the capacity to exercise rights and the full age of the User (18 years old).
3. User’s data.
To complete the registration procedure, the User is requested to provide some personal data. The User acknowledges and accepts that his/her personal data will be registered and used by Ducati according to the Italian Legislative Decree no. 196 of 30 June 2003 – Personal Data Protection Code, to allow the performance of this contract between Ducati and the User and for the other activities, if expressly approved by the User, as specified in the privacy notice provided to the User trough the Site during the registration process. The User declares that his/her personal data, provided to Ducati during the registration procedure, are correct and truthful. The User can update or modify his/her personal data at any time, after logged in, through the special reserved area of the Site.
4. Modification, suspension and interruption of the Services and cancellation clause.
Ducati reserves the right to modify the Services characteristics, giving advice to the User. Giving advice to the User, Ducati reserves the right to suspend or interrupt (transitorily or definitively) the Services at any time, at its full discretion, disclaiming any responsibility with regard to the User for any effect the User could suffer, directly or indirectly, as consequence of this suspension or interruption. Ducati reserves the right to suspend the access to the Services and the Service supplying, to terminate this contract and to cancel the User’s registration in the following cases: a) should the User violate the present conditions or the further rules regarding a specific Service; b) should the User utilize the Services for illegal purposes or may violate rights of third parties or for any other activities against the law.
5. Limitation of liability.
To the extent permissible under applicable law, Ducati will not be held liable for any consequences, damages and/or loss of profits due to malfunctions of the Site that the User or a third parties can incur in. The use of the Services is entirely on User’s risk. The Services are available without guarantee of any kind, explicit or implicit. General provisions regarding the use of the Site (Legal Notice) are understood to be fully incorporated herein. In no case Ducati will be held liable for any consequences, damages and/or loss of profits due to suspension or interruption of the Services that the User, a subject directly or indirectly connected with the User or third parties can incur in, if due to force majeure or inevitable accident. Ducati will not be liable for any delay, malfunction and interruption of the Services due to a) ordinary and/or extraordinary service or updating of its technological equipment, b) incorrect use of the Services by the User, c) malfunctioning of User’s equipment, d) total or partial interruption of Internet access due to the Internet provider chosen by the User. Due to the technical limitations regarding the protection of communication through the Internet, Ducati does not represent or warrant that information or data provided by you through this website will not be accessed by unathorized third parties.
6. Services access.
User-ID and password confidentiality. Access to the Services is permitted through a computerised authentication procedure that needs the use of a User-ID code and a password chosen by the User, that are to be considered as private information. The User declares that he/she is informed that the knowledge of these data by third parties would allow these third parties to use the Services in his/her name. The User shall therefore guard his/her ID code and password with the utmost diligence and confidentiality, and he/she shall exonerate and hold Ducati harmless from any action, claim or request, including compensation for damages, deriving directly or indirectly from the use or abuse by anyone else of his/her ID code and password. The User will diligently preserve his/her ID code and password and shall give Ducati prompt notification of the loss or theft of the password and/or User-ID by filling the contact form available in the “Customer Service” section of the Site. The User will therefore be responsible for deeds and/or damages to Ducati and/or third parties deriving from the violation of the above obligations.
7. User obligations.
The User shall make use of the Services only for personal purposes, with exclusion of any commercial purpose. The User undertakes to respect intellectual property rights, and especially copyrights and trademark rights, on the materials provided through the Services: these materials are provided for a personal use only, with exclusion of any commercial purpose. The User undertakes to not reproduce, duplicate, copy, distribute in any form the content of the Services for any commercial purpose. The User shall not utilize the Site for illicit activities or activities whatsoever unlawful. The User assumes all responsibility and burden for his/her activity performed through the Services and, with reference to it, shall hold Ducati harmless from any claim or action that should be directed to Ducati by third parties.
8. Acceptance of the conditions of Services and conclusion of the contract.
Use of the Services implies the full acceptance of the present general terms and conditions of contract; their acceptance and the conclusion of this contract occur when the User, after filled in the registration form, clicks on the “Submit” button and sends his/her data to Ducati. Then the User will received a confirmation by e-mail that will allow the User to activate his/her registration. The User agrees that the confirmation of information and terms and conditions of this contract will be sent by e-mail. The User is informed that some Services may also imply the acceptance of specific further conditions. Any specific conditions regarding the single Services are available on the Site page of each service. The use of a particular service requires the examination and full acceptance of the related specific conditions. If the User does not agree with any part of the conditions, the User must refrain from access the Service.
9. Duration of contract and right of withdrawal.
The term of this agreement will commence on the date of the User registration and will continue in full force and effect until terminated, with or without cause, by either party. The User has the right, at any time, to withdraw from this contract by filling the contact form available in the “Customer Service” section of the Site or by choosing, after logged in, the special option in the reserved area of the Site. If the User is a “consumer” according to the provisions of Italian law D.Lgs. n. 206/2005 – Consumer code (“any natural person who is acting for purposes which are outside his trade, business, artisanal activity or profession”), the present right of withdrawal constitutes an ameliorative condition for the User with respect to the provisions of the mentioned Italian Consumer code. Within 76 hours from the receipt of the cancellation notice by the User, Ducati will disable the User access to the Services and will cancel (or anyway make anonymous) User personal data provided during the registration process.
10. Disputes
Any controversy arising from the interpretation, execution and validity of the present terms and conditions will be subject to the jurisdiction of the Court where the User, if the User is a “consumer” according to the Italian law D.Lgs. n. 206/2005 – Consumer code, has his/her domicile or habitual residence, exclusively to the jurisdiction of the Court of Bologna, Italy, in any other case.
11. Severability.
If the User is a “consumer”, in no case the present conditions prejudice the rights attributed by the Italian law to the User (particularly by the Italian law D.Lgs. n. 206/2005 – Consumer code). Should any clause or part of a clause of these terms and conditions 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.
12. Language.
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.
13. Applicable law.
This agreement will be governed by and interpreted in accordance with the laws of Italy. For everything not expressly provided herein, the provisions of Italian law are in force. By sending his/her registration form and personal information, the User declares that he/she has examined the present terms and conditions and he/she expressly accepts them.