"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.
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.
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.
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.
"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.
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.
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
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.
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.
periodically made to the information. Ducati and/or its respective
suppliers may make improvements and/or changes in the Site/services at
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.
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
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.
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
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
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.
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.
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.