General Conditions of Ducati World, established in Overasselt Valid upward of 22-03-2012
1.1 These general conditions are applied to all offers by Ducati World. The conditions are available to anyone and are included in the Ducati World internet site. On request we will send you a paper version of the General Conditions.
1.2 By ordering products and/or services you automatically acknowledge you agree with the delivery- and payment conditions. Ducati World may change the delivery- and payment conditions after the stated maturity date.
1.3 General or specific conditions or clauses of a third party are not acknowledged by Ducati World, unless it is agreed otherwise in a written document.
1.4 Ducati World guarantees that delivered products will meet the requirements of the agreement and will meet the specifications as promised in the offer.
2.1 Delivery will take place as long as stock extends.
2.2 In line with the rules of purchase on distance, Ducati World will carry out the order within 5 workdays. If this is not possible (because of the depleted stock or because of the availability of the product/service), or any other reason of delay, or when a order cannot be performed (or only partly), then the customer will receive a message within 5 workdays after the placement of the order and he then owns the right to cancel the order without any costs or other formal notices.
2.3 Delivery obligation will be met as soon as the order has been offered once to the customer, except proofed otherwise. With the use of delivery at home, the report of the carrier (including the decline of acceptation) will fully proof the delivery obligation fulfilled.
2.4 The site’s terms are indications. No rights can be reserved on those indications.
3.1 Prices will not be raised during the term of the sale, unless it becomes obligatory by legal issues or the manufacturer meanwhile raises prices.
3.2 Prices stated on the website can be subject of misprints. Consequences because of misprints will not be accepted as liability of Ducati World.
3.3 All prices on the website are in Euros and including VAT.
4. Approval period / withdrawal rights.
4.1 The client has the right to return delivered goods within 14 workdays without clearance of the reason, as it is stated in the Law of sales on distance (article 7:5 BW). This term starts when the ordered products have been delivered. If the client does not return the products within the stated periods of 14 workdays, the sale becomes a fact. When the customer decides to return the products, it is obligatory to make notice by letter of the return before sending the products back. The consumer has to proof that delivered products are sent back in time, for example the evidence of the postal office. The products that are returned have to be in their original package (including accessories and related documents) and have to be new of state. When the products have been used, encumbered or damaged on any way, the right of dissolution is expired as stated in this section. When returning the products in line with this section, Ducati World ensures that the full purchase amount plus corresponding shipping costs will be refund within 30 days after receiving the package in good state. The returning of the products will be on account of the customer, including the costs and risks related to that.
4.2 The right of dissolving as stated in section 4.1 is related to products, not to services.
4.3 The withdrawal rights are not applicable on:
Services of which, with approval of the client, the execution has started before the term of 14 workdays Products or services of which the price is directly related to fluctuations of the financial market, on which the supplier has no influence. Products that are produced on specifics of the customer, for example custom made products, or the nature of the products are clearly personal. Products or services that cannot be returned because of their nature, for example products related to hygiene or products that quickly decay or becoming of age.
5. Data Management
5.2 Ducati World respects the privacy of users of the internet site and ensures a trustable treatment of your personal information.
5.3 Ducati might use a mailing list in some cases. Every mail contains instruction how to delete yourself from this list.
6. Warranty and compliance
6.1 The entrepreneur ensures that the products and/or services will meet the agreement, the specifications as stated in the offer, the reasonable demands of reliability and/or usefulness.
6.2 A guarantee provided by the trader, manufacturer or importer does not affect the rights and claims that consumers in respect of a breach of the obligations of the employer may assert against the employer according the law and / or the agreement ondistance.
6.3 The customer is obliged to check the delivered goods immediately upon delivery. Should the delivered item be wrong, inadequate or incomplete, the customer must (before proceeding to return to Ducati World) make notice of these defects immediately in writing to Ducati World. Any defects or faulty goods should and can be reported in writing up to 1 month after delivery to World Ducati. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. Using the product after detection of failure, damage occurring after the confirmation of defects, encumbrance and / or sale after detection of failure, annul the right of compliance and return.
6.4 If the customer complaints were well-founded by Ducati World, Ducati World will choose either replace goods delivered free of charge or make a new, written agreement with the client regarding the matter, with the proviso that the compensation does not exceed the initial invoice price. Any liability of Ducati World for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.
6.5 Ducati World is not responsible for damage caused intentionally or equivalent recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) as long as the purchaser against Ducati World is in default; B) the customer has parried and / or processed the delivered goods themselves and / or have been repaired and / or edited by third parties. C) the goods delivered have been exposed to abnormal conditions or otherwise carelessly handled in contrary to the instructions of Ducati World and / or instructions on the packaging; D) the faultiness is in whole or in part the result of regulations that the government has made or will make regarding the nature of quality of materials used;
7.1 Offers are not binding unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer, Ducati World reserves the right to revoke or to deviate the offer within the period of 3 working days after receiving such acceptance.
7.3 Verbal agreements only bond Ducati World after an explicit confirmation in writing.
7.4 Ducati World Offers do not automatically apply to repeat orders.
7.5 Ducati World cannot be held accountable to its offer if the customer should understand that the offer, or any part thereof, is an obvious mistake or error made.
7.6 Additions, modifications and / or further agreements are only valid if agreed in writing.
8.1 An agreement between Ducati World and a customer becomes formal after an order has been verified by Ducati World on feasibility.
8.2 Ducati World reserves the right to decline any order or to accept them only under the condition that the sending is prepaid or that the product will be send on cash on delivery terms.
9. Images and specifications
9.1 All images; photographs, drawings, etc.; inter alia data about weights, sizes, colors, pictures of labels, etc. at the Ducati World internet site are only approximates, are indicative and may not lead to compensation or rescission of the contract. Ducati World strives to be as clear as possible about specifications and will strive to provide the best possible reproduction of the article on the web shop.
10. Force majeure
10.1 Ducati World is not liable if she cannot fulfilled her liabilities due to force majeure.
10.2 Force majeure means any strange reason, and every circumstance, which in all fairness Ducati World cannot be held responsible. Delay or failure by our suppliers, disruptions in the internet, disruptions in the electricity, failures in e-mail traffic and disturbances or changes in any third party technology, transport problems, strikes, governmental action, delays in supply, omissions of suppliers and / or manufacturers of Ducati World as well as from assistants, diseases, defects in appliance or shipment tools count explicitly as force majeure.
10.3 Ducati World reserves in case of force majeure the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the contents of the agreement is amended so that execution can continue. In no event shall Ducati World obliged to pay any penalty or damages.
10.4 If Ducati World at the time the force majeure already or partially fulfilled its obligations, or is only able to partially fulfill its obligations, Ducati World is entitled to obligate the customer to pay the invoice of the part that has already been delivered and/or the part that is able to be delivered as a separate contract. This does not apply if the already delivered or deliverable parts have no independent value.
11.1 Ducati World is not responsible for damage to vehicles or other property caused by improper use of the products. Before use, read the instructions on the packaging and / or visit our website.
12.1 Ownership of all products which are sold and delivered to the customer remain property of Ducati World as long as the customer did not pay the claims as stated in the agreement, as long as the customer did not finish the activities as stated in the same or similar agreement and as long as the customer's claims by Ducati World are not yet complied due to shortcomings in the performance of such contract, including claims in respect of penalties, interest and costs, all as specified in Article 3:92 BW.
12.2 The products and/or services that Ducati World delivered, and which may fall under retention, may only be sold in the context of normal business activities and must never be used as currency.
12.3 The customer is not entitled to pledge or other encumber matters that are related to retention.
12.4 The customer gives unconditional and irrevocable permission to Ducati World, or a third party appointed by Ducati World, that in all cases where Ducati World exercises its property right all sites and locations where its property is then located may be entered to take away the property.
12.5 If third parties seize goods delivered under retention or claim to have rights regarding those goods, the customer is obliged to inform Ducati World as soon as it is reasonably expected to be to make notice.
12.6 The purchaser is obliged to insure and keep insured that property that is delivered and that is retained, of fire, explosion and water damage and also theft and the policies regarding that insurance must be made available for inspection on first request of Ducati World.
13. Applicable law/competent judge
13.1 All agreements are subject to Dutch law.
13.2 Disputes resulting from an agreement between Ducati World and the purchaser, which can’t be resolved mutually, will be addressed to a competent court within the district of Arnhem, unless Ducati World prefers the dispute to the competent court of the domicile of the buyer, and with the exception of those disputes that fall under the jurisdiction of a magistrate.