General Terms and Conditions of Purchase

GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF ACCESSORIES, CLOTHING, MAINTENANCE SERVICES AND WARRANTY EXTENSIONS

These general terms and conditions (the "General Terms and Conditions") regulate the purchase and sale, through site (the "Site"), of: (i) Aprilia-branded accessories and clothing (the "Goods"); (ii) specific services or maintenance service packages (the "Services"); and/or (iii) extensions to Piaggio's commercial warranty (the "Warranty Extensions"). By placing an order on the Site, the General Terms and Conditions will be deemed to be fully known and accepted, together with the Privacy Policy (available at the following link).

1. Definitions (Italy)

In addition to additional terms defined in other sections of these Terms and Conditions, the following terms shall have the meanings set forth below.
1.1.   "Authorized Piaggio Center" means one of the dealers or one of the authorized workshops of the Piaggio Network, at which the purchased Service may be performed.
1.2.   "Customer" means any customer over 18 years of age, who has the status of consumer or user pursuant to article 3, co.1, letter A of the Consumer Code, resident in Italy who purchases a Good and/or Service and/or Extended Warranty on the Piaggio Site.
1.3.   "Consumer Code" means Legislative Decree No. 206 of 6 September 2005, as supplemented and amended from time to time.
1.4.    "General Terms and Conditions" means these general terms and conditions.
1.5.     "Use and Maintenance Instructions" means the documentation containing, among other things, directions for the proper use and proper maintenance and storage of the purchased Goods that may be provided to the Customer at the time of purchase and/or delivery of the Goods.
1.6.   "Order" means the contractual proposal made to Piaggio by the Customer through the Piaggio Site; the Order indicates the Goods, Service and/or Warranty Extension that are the subject of the contractual proposal, its characteristics, its price, the delivery or performance method chosen as well as all further contractual terms and conditions.
1.7.     "Piaggio" means Piaggio & C. S.p.A., with registered office at Viale Rinaldo Piaggio, 25, 56025 Pontedera (PI), Italy.
1.8.    "Price" means the consideration indicated on the Site for the purchase of the Good, Service and/or Extended Warranty, inclusive of taxes and delivery charges, from which are to be considered excluded, by way of example and in case of purchase of a Good, the expenses and costs of any installation of the Good.
1.9.    "Piaggio Network" means Piaggio's authorized after-sales service dealers and workshops, as identified on the official web-consumer sites, service section.

2. Subject of the contract and consideration (Italy)

2.1.    The subject matter of the Sale and Purchase Agreement is the Customer's purchase of the Goods, Service and/or Extended Warranty that are the subject of the Order placed on the Piaggio Site, all under the terms and conditions and with the features described therein.
2.2.    The Price indicated on the Piaggio Site includes taxes and delivery charges. The Customer shall be responsible, by way of example and in case of purchase of a Good, for the expenses and costs of any installation of the Good.

3. Purchase and payment procedure (Italy)

3.1.    Following the selection on the Site of the Good, Service and/or Extended Warranty, the Customer will proceed to select the method of payment of the Price from those available from time to time on the Site.
3.2.   Once the payment method has been selected, the Customer, after logging in to his or her personal profile on the Site by entering his or her user name and password, will be able to proceed to finalize the Order, which will be valid as a contractual proposal to Piaggio, with all the elements necessary for the conclusion of the purchase contract. In the event of a purchase made by a Customer who does not have a personal profile, in order to proceed with the completion of the Order, the Customer must enter all the data and documents required in accordance with the instructions given on the Site.
3.3.   The Order, once finalized, will be deemed to be an irrevocable contractual proposal to Piaggio. Piaggio's acceptance of the Order and, consequently, the conclusion of the sale and purchase agreement, shall be understood to be conditional upon the verification that: (i) in the case of the purchase of a Good, the availability of the Good itself; (ii) the completeness of the data and validity of the documentation provided by Customer and their compliance with the instructions given on the Site; as well as the compliance of the Order with these General Terms and Conditions of Contract; (iii) the successful completion of the payment made by Customer; as well as (iv) the feasibility of the method, timing and address of shipment of the Good selected by Customer pursuant to Article 4 below. 1. Piaggio will notify Customer of (a) acceptance by means of an e-mail confirming and summarizing the Order, as well as (b) any further instructions necessary to proceed with delivery of the Good and/or performance of the Service.

4. Delivery of the Goods; performance of the Services; activation of the Extended Warranty (Italy)

4.1.    Goods. The Customer, when placing the Order on the Piaggio Site, may choose the method and timing of shipment of the Goods from among those indicated as available from time to time, also indicating the address to which the Goods are to be shipped.
4.2.    It is expressly understood that the delivery of the Good will take place only after Piaggio has verified the successful payment of the Price made by the Customer.
4.3.    Services and Extensions of Warranty. The Customer, when placing the Order on the Piaggio Site, will be asked to choose, from those indicated as available, (i) the Authorized Piaggio Center as well as (ii) the date and time at which the Service covered by the Order is to be performed. The Customer, when placing the Order on the Piaggio Site, will also be asked to choose whether to take advantage of the Service and/or the Extended Warranty within the deadline for exercising the right of withdrawal, set forth in paragraph 5.1 below (without prejudice to the application of paragraph 5.7 below).
4.4.    In any event, Piaggio will not be liable for any delays or postponements in the delivery of the Goods or in the performance of the Service that are, by way of example, (i) attributable to the Customer and/or (ii) arising from force majeure (meaning any event or circumstance beyond Piaggio's control that prevents, slows down or otherwise makes more difficult the timely performance of the Service within the timeframe indicated in the Order confirmed by Piaggio).
4.5.   It is expressly understood that the performance of the Service will take place only after Piaggio, including through its employees and appointees at the Authorized Piaggio Center, verifies (i) the successful payment of the Price made by the Customer as well as (ii) the Order confirmation, which must be shown by the Customer prior to the performance of the Service.

5. Right of Withdrawal and Refund (Italy)

5.1.     The Customer is entitled to withdraw from the purchase of the Goods and/or the Service and/or the Extended Warranty - without any penalty and without having to specify the reason - within 14 (fourteen) days (a) in the case of the purchase of a Good, from the date of delivery of the Good, provided that the Good is not damaged or deteriorated due to use that exceeds the Price of the Good by more than 25 per cent; (b) in the case of the purchase of a Service and/or Extended Warranty, from the date of the Order, without prejudice to the provisions of point 5.7.
5.2.    The Customer may exercise the right of withdrawal by sending to Piaggio, by the expiration of the term indicated above, a notice using the form attached to these General Terms and Conditions (Annex 1), which complies with the form in Annex I part B of the Consumer Code or any other explicit declaration of her/his decision to withdraw from the Contract. Such declaration of withdrawal must be made through the specific section of the Site dedicated to returns, in accordance with the instructions and indications provided therein. Piaggio will send the Customer a confirmation of receipt of the notice of withdrawal sent by the Customer.
5.3.    The Goods shall be shipped by the Customer in accordance with the instructions received, at the time the notice of withdrawal is made, in the specific section of the Site dedicated to returns.
5.4.    Il Bene dovrà essere spedito dal Cliente in conformità alle istruzioni ricevute, al momento dell’effettuazione della comunicazione di recesso, nell’apposita sezione del Sito dedicata ai resi.
5.5.    If the withdrawal is validly exercised by the Customer, the latter shall be entitled to a refund of the Price. Following withdrawal validly exercised by the Customer, the Customer will be responsible for (a) the costs of returning the Goods to Piaggio as well as (b) the costs of shipping the Goods to the Customer related to shipping options other than the standard shipping options eventually chosen by the Customer at the time of the Order.
5.6.    The Customer is liable for any decrease in the value of the Good resulting from its use and, until the Good is returned, will be subject to the custody obligations governed by articles 1804 and 1806 of the Italian Civil Code.
5.7.    With reference to Services and Warranty Extensions, if the right of withdrawal is exercised by a Customer who, at the time of the Order, expressly requested that the provision of Services or the Warranty Extension commence during the withdrawal period set forth in paragraph 5.1 above (i.e., 14 (fourteen) days from the date of the Order), the Customer is required to pay the amount due for Services already rendered or work on the vehicle already carried out at the time when the Customer informed Piaggio of the exercise of the right of withdrawal.
5.8.    Piaggio will reimburse the Customer the Price net of a) any amount owed by the Customer to Piaggio for any depreciation suffered by the Good due to handling other than that necessary to establish the nature, characteristics and functioning of the Good; b) the cost of shipping the Good to the Customer related to shipping options other than the standard options which the Customer may have chosen at the time of the Order, within 14 (fourteen) days from receipt of the Customer's withdrawal declaration, using the same means of payment used by the Customer at the time of the Order, without prejudice to the possibility for Piaggio & C. to withhold the refund until it has received the Goods.

6. Warranty (Italy)

6.1.    Piaggio, for a period of 24 (twenty-four) months from the date of delivery of the Goods, guarantees to the Customer the absence of manufacturing defects and lack of conformity with the contract of purchase of the Goods, if existing at the time of delivery. This guarantee is in any case limited to defects not arising from the normal use of the Good and does not include defects and faults known at the time of delivery or collection.
6.2.    Excluded from the scope of the guarantee are, by way of example, any faults, failures or malfunctions caused by (i) accidental events, (ii) natural or atmospheric events, (iii) the user's liability, (iv) use of the Good not in accordance with its intended purpose and/or maintenance not in accordance with the provisions of the Instructions for Use and Maintenance, if any, (v) negligence of third parties and/or (vi) accidents and incidents.
6.3.     In detail, the warranty does not cover, by way of example:

(a) expenses and costs for the maintenance of the Goods, even in accordance with any Use and Maintenance Instructions;

b) damage and wear and tear resulting from use and maintenance of the Good not in accordance with the provisions of the Use and Maintenance Instructions, if any;

c) replacement of the Good or parts thereof as a result of wear and tear;

d) damage, wear and tear and deterioration caused by external causes or force majeure (such as, but not limited to, accidents, shocks, atmospheric pollution, plant, animal and chemical agents, floods, earthquakes, wars, riots and attacks);

e) damage caused by transporting goods and/or persons in a manner not in accordance with the instructions in the Operating and Maintenance Instructions, if any;

f) damage caused by misuse, lack of or incorrect maintenance or other defects of the vehicle on which the Goods are installed;

g) use of fuels and lubricants that do not comply with the instructions in the Use and Maintenance Instructions, if any;

h) damage deriving from alterations to the Goods or from the assembly of accessories and other components not authorised by Piaggio (or, even if authorised, carried out not in accordance with Piaggio's instructions).

6.4. In all cases of exclusion of the warranty listed above, Piaggio is released from any responsibility and obligation to provide compensation or indemnity.
6.5. With the exception of cases of willful misconduct or gross negligence, Piaggio is only liable for direct and foreseeable damage at the time the sales contract is concluded. It will not therefore be liable for any loss suffered, loss of earnings or any other damage which is not an immediate and direct consequence of its own breach or which was not foreseeable at the time the sales contract was concluded.
6.6.    The customer will have the right to restore the conformity of the Goods by repair or replacement: in such cases, Piaggio will only be responsible for the costs of labour and materials used to make the Goods compliant and for any shipping and/or transport of the Goods.
6.7.    Should repair and/or replacement of the Goods be impossible or excessively burdensome for Piaggio, the Customer will have the right to a price reduction proportional to the decrease in value of the Goods compared to the value they would have had if they were in conformity or to termination of the contract, except in cases of minor conformity defects.
6.8.    Piaggio will fulfil its obligations of repair and replacement under warranty, at its discretion, directly, through Authorised Piaggio Centres and/or through third parties appointed by Piaggio for this purpose. It is expressly understood that the Customer may not carry out or have repairs and/or replace any component of the Goods carried out without prior written authorisation from Piaggio, which will in no way be liable for, or guarantee, any work carried out or commissioned by the Customer and will not be required to reimburse the Customer for the cost of spare parts and labour for such work.
6.9.    Repairs and replacements will be carried out (and/or ordered) by Piaggio within a reasonable time frame, taking into account the nature and importance of the specific work to be carried out and in such a way as to minimise possible inconvenience to the Customer. The warranty for parts repaired and replaced during the warranty period will expire at the end of the warranty period for the Goods, as indicated in paragraph 6.1 above.

7. Scope of Application (Italy)

7.1.    Contracts of sale governed by these General Terms and Conditions may only be concluded by Customers of age who qualify as consumers or users pursuant to Article 3(1)(A) of the Consumer Code and only if the delivery of the Goods and/or the performance of the Service are to be carried out in Italy.

8. Amendment of the General Terms and Conditions (Italy)

8.1.    Piaggio reserves the right to change the Piaggio Site and these General Terms and Conditions at any time.
8.2.    The Customer will be subject to the terms and conditions of the General Terms and Conditions of Contract as in force from time to time at the time the Order is placed, with the exception of changes made necessary to comply with the law and/or orders from competent authorities (in which case, any changes will also be applicable to Orders already placed and in progress).

9. Applicable Law and Jurisdiction (Italy)

9.1.    These General Terms and Conditions of Contract - together with the contract concluded through Piaggio's confirmation of the Order placed by the Customer - will be governed by, and construed in accordance with, Italian law.
9.2.    For disputes that may arise regarding the validity, interpretation and execution of these General Terms and Conditions of Contract and of the contract, the Customer may refer to an Alternative Dispute Resolution (ADR) Body, in accordance with the conditions set forth in the Rules of such Body and the provisions of the Consumer Code in articles 141 and following.
9.3.    In any case, the Customer may have recourse to the ordinary courts and, for any legal dispute that may arise regarding the validity, interpretation, or execution of these General Terms and Conditions and the contract, the court of the place where the Customer resides or is domiciled shall have jurisdiction.

10. Contact for complaints and Customer care (Italy)

Free Phone: 800 122 337
E-Mail Address: customer_service@piaggio.com
Registered Office: Viale Rinaldo Piaggio n. 25 Pontedera- 56025 (PI); Company Register of Pisa and Fiscal Code 04773200011 - VAT No. 01551260506