Product description

PRODUCT DESCRIPTION

a. DURATION OF THE AUCTION: 2018.07.21 h 18:00 - 2018.07.28 h 18:00 (UTC + 1, CET - Central European Time).

b. NAME AND BIKE DESCRIPTION: n. 1 out of 13 Ducati bike Special Edition Panigale V4 S with special livery autographed by the pilot Chaz Davies and presented for the so called race THE RACE OF CHAMPIONS to be held on Saturday 21st July 2018 during the World Ducati Week 2018 - not registered and track version (hereinafter the "Bike" or the "Product").

c. PRICE (auction starting price Euros 15,000). The price does not include any duties and shipping costs. Any currency conversion costs are borne by the customer.

Warning: the Price of the Bike includes Italian VAT (22%). 

Therefore:

  • in case the Customer winning the Auction is tax resident in Italy or in case the Italian VAT is applicable to him/her, the Italian VAT will already be included in the Price of the Bike that won the Auction, as per the highest bid placed by the Customer;
  • in case the Customer winner of the Auction is not tax resident in Italy or however the Italian VAT is not applicable to him/her, Ducati will discount the Price of the Bike that won the Auction, as per the highest bid placed by the Customer, an amount equal to the value of the Italian VAT (22%) and the Customer will borne whatever value added tax or similar taxes as applicable in his/her country of fiscal residence or as applicable to him/her according to any applicable laws.

d. MINIMUM AGE TO PARTICIPATE IN THE AUCTION: 18 years old or, if higher, the age of legal capability provided by the law of the country where the bidder resides.

e. METHOD OF PAYMENT: bank transfer to Ducati Motor Holding s.p.a. through the following banking details

BANCA NAZIONALE DEL LAVORO

Via Rizzoli n. 26 - 40125 BOLOGNA (Italy)

Ag 0900 Bologna Sede

IBAN IT96 Z010 0502 4000 0000 0056 000

SWIFT BNLIITRR

f. TERMS OF PAYMENT: payment must be made within 15 days of receipt by the bidder of the auction award notice sent by eBay.

g. WITHDRAWAL: the auction winner will have 14 days from the delivery of the Moto to exercise the right of withdrawal under Italian law (please see General Conditions of Sale for the modality)

h. DELIVERY: according to the timetable communicated by Ducati, approximately starting from September 2018.

i. EQUIPMENT:

- RACE REPLICA LIVERY

- RACING MUFFLERS

- LOWER FAIRING KIT (FOR RACING MUFFLERS)

- MACHINED FROM A BILLET ADJUSTABLE RIDER FOOTPEGS

- RACING WINDSHIELD

- BRAKE LEVER PROTECTION

- MACHINED FROM A BILLET CAP KIT (TO REMOVE REAR VIEW MIRRORS)

- LEGAL PLATE HOLDER REMOVAL KIT

- FUEL TANK CAP DUCATI BY RIZOMA

- RACING SEAT

- CARBON FIBER SWINGARM PROTECTION

- RACING BRAKE LEVER DUCATI BY RIZOMA

- RACING CLUTCH LEVER DUCATI BY RIZOMA

FURTHER INFORMATION

PILOT SIGNATURE ON TANK UNDER TRANSPARENT LACQUER

CERTIFICATE OF AUTHENTICITY 

OEM COMPONENTS SUPPLIED

WARRANTY: 24 months (please see the General Conditions of Sale)

WARNING: The Bike will be configured on delivery with non-homologated racing components. Driving the Bike with this configuration outside the circuits is prohibited by law. In order to be able to drive the Bike on public roads, it shall be configured as complaint with the homologated model. The winner of the auction may contact the official Ducati network to configure the Bike in the road edition, using the OEM components kit which will be equipped on the Bike by Ducati.

WARNING: the particular paint used on the Bike is the same used on the Race Bike by Ducati; such paint is less resistant to the UV beams compared to a standard paint used for the production; therefore, the colour tone of the Bike could change in the future; to reduce such effect Ducati suggestion is to cover the Bike after its use. For the same reason, in case of removal of additional decals or protections applied, a variation of the colour could be noticed.

LIST OF COUNTRIES IN WHICH THE AUCTION IS HELD: Andorra, Angola, Argentina, Australia, Austria, Azerbaijan, Bahrain, Belgium, Bolivia, Brazil, Bulgaria, Cambodia, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, Estonia, France, Gabon, Germany, Greece, Guadeloupe, Guatemala, French Guyana, Honduras, Hungary, India, Indonesia, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Korea, Republic of Kuwait, Latvia, Lebanon, Lithuania, Luxembourg, Macedonia, Malaysia, Malta, Mauritius, Mexico, Morocco, Nepal, Netherlands, New Caledonia, New Zealand, Norway, Panama, Paraguay, Philippines, Poland, Portugal, Qatar, Reunion, Romania, Russian Federation, Saudi Arabia, Serbia And Montenegro, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Thailand, Turkey, United Arab Emirates, United Kingdom, United States, Uruguay, Vietnam, Ukraine, Finland, Peru, Dominican Republic, Myanmar.

SPECIAL TERMS AND CONDITIONS

The Bike is sold by Ducati Motor Holding Spa - a Sole Shareholder Company, subject to the Management and Coordination activities of Audi AG - with headquarters in via Cavalieri Ducati n. 3, Bologna, Italy, tax code, VAT number 05113870967 and registration number in the Bologna Register of Companies No. 05113870967 (hereinafter "Ducati" or "Seller") to whom will be the successful bidder ("Buyer" or "Customer") of the relevant online auction, which will begin on July 21st, 2018 at 18:00 (UTC + 1, CET - Central European Time) and will end on July 28th, 2018 at 18:00 UTC + 1, CET - Central European Time) ("Auction"). 

The participation in the Auction by the Customer is regulated by eBay GmbH, Albert-Einstein-Ring 2-6, 14532, Kleinmachnow, Germany, represented by Eben Sermon, Fritz von Hardenberg, Dr. Dirk Weber, Registration number: HRB 13754 P , VAT number: DE200081785 (hereinafter "eBay") according to the agreement available on eBay's website ("Buyer Agreement") of which the Seller is not a part. The Customer acknowledges the Seller's non-involvement and expressly undertakes to indemnify and hold the Seller harmless from any dispute and / or liability arising from the relationship between the Customer and eBay related to the Buyer Agreement.

By submitting the bid for the Auction, the Customer declares to have read and accepted both the Seller's General Conditions of Sale and these Special Terms and Conditions in which the characteristics of the Bike bidded in Auction are explained, as described in the section "Product Description" on the eBay page dedicated to the Bike auction (hereafter the "Proposal"):

1. The Bike auctioned by the Seller has the characteristics described in the Proposal that the Customer declares to know and accept by sending his offer. The Customer also acknowledges and accepts that the Bike may have been partially damaged during the Race of Champions and that, in this case, it will be restored prior to its delivery by Ducati in the initial conditions or, in case of impossibility for it to be repaired, it will be replaced with a motorcycle having similar characteristics (Panigale V4S model). 

2. The Bike auctioned will be delivered with no registration and in a racing set-up, therefore not suitable for traffic road. The Bike can be registered by the Customer and can be driven on the public roads and offroads only after the assembly of the kit that will be provided by the Seller to the Customer together with the Bike and that will be able to configure the Bike as compliant to the homologated model. The Customer will contact any authorized assistance point of the Seller’s official network to ensure that this operation is carried out in a state of art manner.

3. The Bike’s price is ex works Borgo Panigale factory (Bologna, Italy). The shipping costs of the Bike to the address indicated by the Customer or to the headquarters of the official dealer of the Ducati area will be borne by the Customer. 

4. The Bike’s price does not include shipping costs, duties and other import costs where applicable, which will be charged to the Buyer winning the Auction.

GENERAL TERMS AND CONDITIONS OF SALE

Date of publication on eBay and entry into force 2018.07.21.

1. Subject.

1.1. These general terms and conditions of sale apply to the purchasing of "Ducati" branded Products (hereinafter "Products") performed through the online auction system managed by eBay (hereinafter the "eBay") by users that can be qualified as "Consumers" pursuant to the Italian Legislative Decree n. 206/2005 ("Consumer Code"), which will win the auction ("Auction") according to the terms and conditions in force on eBay. 

1.2. Ducati Motor Holding Spa – a Sole Shareholder Company subject to the Management and Coordination activities of Audi AG - with headquarters in via Cavalieri Ducati n. 3, Bologna, Italy, tax code, VAT number 05113870967 and registration number in the Bologna Register of Companies No. 05113870967 (hereinafter "Ducati" or "Seller") on one hand and the winner of the auction, on the other hand as purchaser ( hereinafter the "Customer" or “Purchaser”), will be considered the Parties of the agreement regulating the purchase of the Product through eBay website (hereinafter Seller and Customer will be collectively referred to as the "Parties").

1.3 The Seller undertakes to transfer the ownership of the Product to the Purchaser, who accepts. The Purchaser undertakes to pay the entire auction price for the awarded Product. The Seller declares that the Product is exempt from liens or restrictions, deriving from repossession or seizure, which could limit the possession or the use of the Product by the Customer. 

1.4. Any communication by the Customer connected and/or related to this contract and the purchase of Products through eBay - including any complaints, reports, requests concerning the purchase and/or delivery of the Products, exercising of the right of withdrawal, etc. - must be sent to the Seller at the address and according to these general terms and conditions and on eBay: preferentially, such communications may be transmitted by electronic mail to the e-mail address: contact_us@ducati.com.

1.5. The Products can only be purchased by the Customer through the auction awarding on eBay, any other way is excluded. Each Products purchasing is governed by both these general conditions of sale and the special terms and conditions, according to the version that will be published on eBay, in accordance with art. 3 below.

1.6. If the Customer purchasing the Products is not qualified as a Consumer, without prejudice to any mandatory provisions laid down by the laws and regulations in force in the country where the Customer has his residence, these general terms and conditions and the special terms and conditions of sale will apply, but, by way of exception to the provisions generally contained therein:

a) The Purchaser may not benefit from the legal guarantee of conformity on the Products under art. 7 below;

b) The Purchaser will have no right of withdrawal pursuant to art. 9;

c) The Purchaser will not enjoy the conditions provided by this contract for the exclusive benefit of the Consumer as required by the mandatory provisions of law.

1.7. In order to be able to take part in the Auction the possession by the Customer of the legal capability to act and the legal age (18 years or older if differently indicated by its own national law) are mandatory requirements that the Consumer declares to have by taking part in the Auction.

2. Characteristics of the Products and their availability in the different geographical areas.

2.1. The Products are sold with the characteristics described on eBay and under these general terms and conditions of sale and the special terms and conditions posted on eBay upon opening the Auction, with the exclusion of any other condition or term.

2.2. The Seller is entitled to change these general terms and conditions of sale at any time, at its own discretion, without giving any notice to users. Any changes will be effective from the date of publication on the eBay and will only apply to the sales concluded from that date.

2.3. The prices, the Products listed for sale by the Seller on eBay and/or their characteristics, can be changed without any notice. Before sending the auction offer - which following the auction awarding will be deemed purchase order pursuant to the para. 3 below - the Consumer is asked to verify the information and in particular, the final sale price on auction of the Products of interest.

2.4 The Products available on the Site can only be bought by Customer domiciled in one of the States listed in the Product Description on eBay, and in this document under ‘List of countries in which the Auction is held’.

3. Method of purchasing Products following the Auction awarding – Execution of the purchase contract.

3.1. The Auction offer sent by the Customer once he/she has received the award notice from eBay, must be deemed a purchase order sent to the Seller through eBay and, subject to the cancellation terms provided by eBay, has the value of irrevocable proposal of purchase having a duration of 48 (forty eight) hours from receipt by the Seller and is regulated by these general terms and conditions of sale and the special terms and conditions as provided by the product description on eBay, which are an integral part of the same order and that the Customer accepts fully and without any reservation by taking part in the Auction. Before taking part in the Auction through the procedure provided on eBay, the Customer is therefore required to carefully read these general conditions of sale, the special terms and conditions and the information about the withdrawal right set pursuant to the following art. 9. Sending the Auction offer constitutes an express acceptance of these general conditions of sale as well as of the special terms and conditions. The Customer is invited to print a copy of these general conditions of sale and the special terms and conditions and / or to save a copy on a durable medium of his choice.

3.2. The Seller will accept the purchase order by the Auction winning’s Customer by sending to the Consumer an order confirmation e-mail, which will contain the text of these general conditions of sale, the summary of the order made, the description of the characteristics of the Products ordered and the method of payment chosen, to the e-mail address indicated by the Customer during the registration process on eBay.

3.3. The Customer accepts that the confirmation of the information relating to the order made and the chosen method of payment, these general conditions of sale, the special terms and conditions, the description of the characteristics of the Products ordered, pursuant to para. 3.2, will be exclusively sent via e-mail to the address declared to the Seller during the registration process on eBay.

3.4. The purchase contract related to the Products is executed when the Customer receives the Sellers’ confirmation of the order by e-mail.

4. Delivery and acceptance of the Products.

4.1. The delivery timetable provided for in the specific terms and conditions are to be considered purely indicative and not binding for the Seller.

4.2 The delivery of the Product is subject to the receipt by the Seller of the sale price. The Seller undertakes to make any effort in order to respect the delivery timetable indicated in the section of the Products’ Description on eBay which, in any case, will run from the date of credit transfer to the Seller. Should the Seller not perform the order, due to the unavailability, even temporary, of the Product, the Seller will send an e-mail to the Customer and will refund any amounts already paid by the Customer for the Product pursuant to the following par. 4.3.

4.3. The shipment of the Products ordered by the Customer will be carried out at the expense of the Customer according to the method of shipment chosen by the Customer and communicated by the Customer to the Seller. The Customer undertakes to check the Product’s delivery promptly and as soon as possible, however no later than 8 (eight) days from delivery, by verifying that any and only the Products purchased are included and to promptly inform the Seller in the event that the Products show defects or do not correspond to those of the order made; missing such communication by the Customer the Products will be deemed accepted on the date of delivery.

5. Prices, shipping costs, taxes and fees.

5.1. The sale price of the Products is the one indicated by eBay in the communication confirming the awarding of the Auction by the Customer as well as by the Seller in the order confirmation pursuant to art. 3.2 above. Shipping costs, any duties or any other fees, are charged to the Customer as agreed in the special terms and conditions on the Product’s Description on eBay. Must be considered expressly excluded from the price of the Products: a) any other local sales tax (save for the Italian VAT, only for those Customers for whom the same is applicable), as well as b) the costs of any registration in the country of destination, as well as any other item not expressly included in the sale price on eBay, as expressly indicated in the special terms and conditions.

5.2. The consumer will pay the Seller the total sum, as specified in the award confirmation sent by eBay to the Consumer.

5.3. Before participating in the Auction, the Customer is invited to inquire with the relevant Authorities of their country of residence or destination of the Products, in order to obtain information on any duties or local taxes applied to the Product and the costs of registration where it wishes to proceed in that way.

5.4. It is understood between the Parties that any possible further costs, charges, tax and/or duty (other than the Italian VAT, only for those Customers for whom the same is applicable) that a given country may apply, for whatever reason, to the Products ordered by the Purchaser in accordance with these general conditions of sale will be the sole responsibility of the Consumer.

5.5. The Customer expressly declares that the lack of knowledge of any costs, charges, duties, fees and/or taxes referred to in paragraphs. 5.3. and 5.4., when sending the Auction offer, cannot constitute cause for termination of this contract and in no circumstances can these costs, charges, duties, fees and/or taxes be charged to the Seller.

6. Payments.

6.1 Payment of the amount stated in the order and in the order confirmation with reference to the Products purchased will be made by bank transfer throw the coordinates indicated in the special terms and conditions present in the Product description on eBay. the Customer must indicate in the order of transfer the "Swift" and "IBAN" codes and the order number indicated in the order confirmation.

6.2. The Seller must promptly transmit to the Customer electronically, via e-mail to the address stated by the same, the invoice for the purchase made, if the Products are purchased to be delivered within the European Union, or attached in paper form to the Products purchased in all the other cases.

7. Legal guarantee of conformity of the Seller, reporting of lack of conformity and warranty interventions.

7.1. Pursuant to and for the purposes of the European Directive 44/99/EC and of the articles. 128 et seq. of Italian Legislative Decree no. 206/2005 (Consumer Code), the Products purchased by the consumer are covered by the legal guarantee of conformity, which covers the lack of conformity of Products for a maximum period of twenty four (24) months from delivery to the Consumer of the Products. In case of purchase of second hand goods, the maximum warranty period is reduced, by law, to 12 (twelve) months from delivery to the Customer of the Products. The legal guarantee of conformity allows the Customer, in the event of lack of conformity of the Product (subject to the usury for the previous use in case of purchase of used Products), to obtain, by applying directly to the Seller, in a reasonable amount of time considering the nature of the Product, repair or replacement of the Product (to the extent possible) or alternatively to request a price reduction or termination of the contract.

7.2 With the risk of invalidation of this legal guarantee of conformity, the consumer is obliged to report any defects of compliance no later than 2 (two) months after the discovery, providing to the Seller, by e-mail at the address contact_us@ducati.com, a request with indication of the defect and/or of the non-compliance identified and the relevant documentation mentioned in the same return form (at least no. 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt).

7.3. Following receipt of the report, referred to in the previous par. 7.2, and of the related documents, the Seller will evaluate the defects and instances of non-compliance reported by the Customer and, after carrying out the checks aimed at verifying the non-conformity of the Product, will decide whether to authorise return of the Products, providing the consumer with feedback.

7.4. The application of any guarantee in case of use of the Products that is incompatible with the nature of the Products or indicated in the relevant instructions/warnings supplied by the Seller or reported in the reference explanatory documents is excluded.

8. Liability for damage from defective Products.

8.1. With regard to any damage caused by faulty Products, the provisions contained in the European Directive 85/374/EEC and in Italian Legislative Decree no. 206/2005 (Consumer Code) apply so far as the Customer is a "consumer" in accordance with the Consumer Code.

9. Right to withdraw.

9.1 If the Customer is a "consumer" in accordance with the Consumer Code, he is entitled to withdraw from any contract entered into pursuant to these general conditions of sale, without penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii), in the case of purchase with only one order of several Products delivered separately, the last Product of that order was delivered.

A summary of the relevant information concerning the right of withdrawal of the consumer can be found here.9.2 To exercise the right of withdrawal, the Customer must inform the Seller, before expiry of the period referred to in par. 9.1, of its decision to withdraw from the purchase contract by sending a clear statement to that effect to the Seller, using the form contained in the information on the right of withdrawal on the Seller's page on eBay or sending via e-mail at the address contact_us@ducati.com any other unequivocal statement setting out their decision to withdraw.

9.3 The Customer will receive from the Seller an e-mail with the confirmation of receipt of a request for withdrawal, containing a Products return form and a return code.

9.4. If the Products have already been delivered or sent to the Customer, no later than fourteen (14) days respectively from the date on which the same informed the Seller of their decision to withdraw from the contract or from the date on which the Products will be delivered to them, the Customer must transcribe the return code on the return form referred to in the previous par. 9.3 and return the Products to the Seller, together with the afore-mentioned return form, ensuring they are sent at their exclusive expense to:

Ducati Motor Holding s.p.a., via Cavalieri Ducati n. 3, 40132 Bologna, Italy

9.5. The period referred to in the previous par. 9.4 for the return of the Products to the Seller will be met if the return take places before the expiry of the 14-day period, regardless of the date on which the subsequent Products will actually be returned to the Seller.

The risks and the direct costs of returning the Products as a result of exercising of the right of withdrawal by the Customer will be at their own expense.

9.6. In the case of legitimate and proper exercise of the right of withdrawal, the Customer will be refunded the amount paid to the Seller for the order in question, including the delivery costs incurred by the Consumer to receive the Products (except for the additional costs arising from possible choice of a type of delivery other than the least expensive type of delivery offered by the Seller), without undue delay and, in any case, no later than fourteen (14) days from receipt of the communication of the Customer in relation to exercising of the right of withdrawal. The Seller, however, may withhold reimbursement until having received return of the Products or until the consumer has supplied evidence of having sent back the Products, depending on which situation occurs first.

Repayment will be made by bank transfer using the coordinates communicated by the Customer, without any charge or cost borne by the latter.

9.7. The Customer is responsible for the diminished value of the Products resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Products. Therefore, if the returned Products are damaged (for example, with signs of wear, abrasion, dents, scratches, deformations, etc.), are not complete with all their elements and accessories, are not accompanied by the instructions/notes/manuals, with the packing and original packaging and by the guarantee certificate, if any, the Customer will be responsible for the asset decrease of the value of the Products, and will be entitled to a refund of the amount equal only to the residual value of the Product. In view of this, the Customer is asked to not handle the Products beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and, upon possible return, to restore the original packaging of the Products with additional protective packaging that preserves its integrity and protects it during transportation.

The Seller reserves the right to verify the condition in which the Products will eventually be returned as a result of exercising the right of withdrawal and to communicate via e-mail to the Customer any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Products, and to arrange for the reimbursement referred to in the previous par. 9.6 taking into account that reduction in value.

10. Intellectual property rights.

10.1 The Customer declares being informed that all the trademarks, the names, as well as any distinctive sign, name, image, photograph, written text or graphics used in the Ducati page on the eBay website or relating to the Products are and remain the exclusive property of Ducati, and/or of its assignees, without the access to the online store of Ducati on the eBay website and/or purchase of Products resulting in for the Customer any rights over the same.

11. Customer information and protection of privacy.

11.1. In order to attend the Auction, the Customer is asked to provide certain personal information through eBay. The Customer acknowledges that the personal data will be transferred by eBay to Ducati to allow the execution of the contract and for this purpose they will be treated by Ducati in accordance with and subject to the rules established by the Italian Legislative Decree no. 196/2003 – Privacy Code and by the new European legislation for the protection of personal data, General Data Protection Regulation 2016/679 (both regulations, jointly, the "Current Privacy Law").

11.2. The Customer declares and guarantees that the data provided to eBay during the Auction participation are true and correct.

12. Applicable law, conciliation attempt, the European ODR Platform and jurisdiction.

12.1. Each sales contract concluded between the Seller and the Customer under these general conditions of sale will be governed by and construed in accordance with Italian laws and, in particular, with Legislative Decree 9th April 2003 no. 70 regarding certain aspects of electronic commerce and, for the "consumers", Legislative Decree 6th September 2005, no. 206, "Consumer Code" will apply, with specific reference to the provisions on "distance contracts" (Part III, Title III, Chapter I "Consumer rights in contracts", arts. 45 et seq of the Consumer Code).

In any case, the rights that may be assigned to the Customer by the mandatory provisions of law in force in the State of residence or domicile of the latter will apply without prejudice.12.2. In the case of disputes between the Seller and the Customer who qualifies as a "consumer" pursuant to Legislative Decree 6 September 2005, no. 206, "Consumer Code", the Customer is informed that he is also entitled to apply to the European Online Dispute Resolution platform (the European ODR Platform) to start possible resolution, an alternative to the use of ordinary magistracy, for disputes between Seller and Customer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, to facilitate the non-judicial settlement, that is independent, impartial, transparent, effective, rapid and equitable, of disputes concerning contractual obligations arising from online sales or services between a consumer resident in the European Union and a trader established within the European Union through the intervention of an ADR (alternative dispute resolution) body that is a member of the same, which can be selected from a list available from the Platform. For more information about the European ODR Platform or to initiate through the latter alternative dispute resolution proceedings relating to this contract, go to the following link: http://ec.europa.eu/odr. The e-mail address of the Seller to be indicated in the European ODR Platform is as follows: contact_us@ducati.com.

12.3. Where no application is made to the ODR indicated in section 12.2 above or such alternative measures were to prove unsuccessful, for any dispute arising out of this contract or related to this contract, the following will have exclusive jurisdiction:

- where the Customer is suing, if "consumer" under the Consumer Code, the Seller:

a. the Court of the consumer's place of residence or domicile, if located in Italy;

b. at the choice of the consumer with residence or domicile located outside of Italy, or a) the Court in the place of residence or domicile of the Customer, or b) the Court of Bologna, Italy;

- where the Seller is suing the Customer:

a. the Court of the place of residence or domicile of the Customer, if "consumer" under the Consumer Code, or

b. the Court of Bologna, Italy, in all other cases.

12.4. The Parties agree that application to this contract of the United Nations Convention on contracts for the International Sale of Goods is expressly excluded (Vienna Convention of 1980 - United Nations Convention on Contracts for the International Sale of Goods).

13. Language.

13.1. These general conditions are written in Italian and English. In case of any discrepancy between the texts in the different languages or of uncertainty as to interpretation, the text in Italian will prevail.

14. Force majeure.

14.1. The Seller will not be responsible for non-performance of all or part of its obligations in this contract if such failure is caused by unforeseeable events and/or natural events outside its reasonable control, including, by way of example only, catastrophic natural events, acts of terrorism, wars, riots, lack of electricity, the general strike of public and/or private workers, strike and/or restrictions on the road system affecting couriers and air links.

15. Transfer.

15.1. The Parties may not sale or otherwise transfer to third parties any of their rights and obligations of this contract, without the prior written consent of the other party.

16. Validity of the clauses.

16.1. Any clause heading used herein is purely indicative and has no effect on the identification of the content and interpretation of this contract.

16.2. These terms do not affect the rights granted by Italian law to the Customer that acts as a "consumer" or the rights guaranteed to them by the mandatory provisions of the order to which they are subject.

16.3. In the event that any provision or part of any provision of these general conditions is deemed to be invalid because it is inconsistent or contrary to a rule of law, all the other provisions of this agreement or parts of the same clause will remain in full force and effect.

17. Final provisions.

17.1. These general conditions of sale together with the special terms and conditions present on eBay constitutes the contract between the Parties. This contract replaces all contracts, agreements and understandings previously made between the Parties on the same subject

17.2. The purchaser acknowledges that it has not been induced to adhere to this contract from previous oral statements.

17.3. Any change or modification of this agreement must be accepted in writing by both Parties.