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) Vespa-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

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-matter of the Contract and consideration

• 2.1. The sales contract's subject-matter is the Customer's purchase of the Good, Service and/or Warranty Extension subject to the Order placed on the Piaggio Site, all under the terms and conditions and with the characteristics described therein.
• 2.2. The Price shown on the Piaggio Site includes taxes and delivery charges. The Customer shall bear the expenses and costs of any installation of the Good.

3. Purchase and payment procedure

• 3.1. After selecting the Good, Service and/or Warranty Extension on the Site, the Customer shall choose the payment method of the Price from those available on the Site at the time.
• 3.2. Once the payment method has been selected, after accessing their personal profile on the Site by entering their username and password, the Customer can place the Order, which will be valid as a contractual offer to Piaggio, with all the details necessary to conclude the sale contract. If a Customer without a personal profile makes a purchase, to finalise the Order, they shall enter all the data and documents required in compliance with the instructions given on the Site.
• 3.3. The Order, once finalised, shall be deemed an irrevocable contractual offer to Piaggio. Piaggio's acceptance of the Order and, consequently, the conclusion of the sales Contract are understood to be conditional on verification: (i) in the case of the purchase of a Good, of the availability of that Good; (ii) the completeness of the data and the validity of the documents provided by the Customer and their conformity with the instructions given on the Site; and compliance of the Order with these General Terms and Conditions; (iii) the successful completion of the Customer's payment; and (iv) the feasibility of the method, timing and address of shipment of the Good selected by the Customer pursuant to Article 4.1 below. Piaggio will notify the Customer of (a) acceptance via an email confirming and summarising the Order, and (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 Warranty Extension

• 4.1. Goods. When placing an Order on the Piaggio website, the Customer can choose the method and time of shipment of the Good from those indicated as available at the time, also specifying the address to which the Good should be sent. Shipment and delivery dates set forth in any Order, Order confirmation or in these General Terms and Conditions are estimates only and such estimates shall not be deemed a representation by Piaggio. Piaggio shall not be liable for failure to ship or deliver the Goods by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of Orders as a result of delayed shipment. Notwithstanding the foregoing, in the event that Piaggio is unable to ship an Order within the delivery date provided in the Order confirmation, the Customer will receive an email from Piaggio notifying the Customer of the delay in shipment and informing the Customer that they have the right to cancel the Order for a full refund. In the event that Piaggio is unable to ship an Order within thirty (30) days of receipt of an Order, the Customer will have the option of cancelling the Order for a full refund or consenting in writing to the delay.
• 4.2. It is expressly understood that the Good will only be delivered after Piaggio has verified that the Customer has successfully paid the Price.
• 4.3. Services and Warranty Extensions. When placing an Order on the Piaggio Site, the Customer will be asked to choose, from those indicated as available, (i) the Authorised Piaggio Centre and (ii) the date and time at which the Service subject to the Order is to be carried out. When placing an Order on the Piaggio Site, the Customer will also be asked to choose whether or not to use the Service and/or the Warranty Extension within the deadline for exercising the right of withdrawal referred to in paragraph 5.1 below (without prejudice to the application of paragraph 5.7 below).
• 4.4. In any case, Piaggio will not be liable for any delays or postponements in the delivery of the Good or in the performance of the Service such as those, for example, (i) attributable to the Customer and/or (ii) deriving from force majeure (meaning any event or circumstance beyond Piaggio's control which prevents, slows down or otherwise makes it more difficult to perform the Service punctually within the time-frame given in the Order confirmed by Piaggio).
• 4.5. It is expressly understood that the Service will only be carried out after Piaggio has verified, also through its employees and agents at the Authorised Piaggio Centre, (i) the Customer's successful payment of the Price and (ii) the Order confirmation, which the Customer must show before the Service is carried out.

5. Right of withdrawal and refund

• 5.1. The Customer has the right to withdraw from the purchase of the Good and/or the Service and/or the Warranty Extension- without any penalty and without having to specify the reason - within 14 (fourteen) days: (a) in the case of the purchase of the Good, from the date of delivery of the Good, provided that the Good has not been damaged or deteriorated through use resulting in a loss of value of more than 25% of the Price of the Good. (b) in the event of the purchase of a Service and/or an Extension of Warranty, from the date of the Order, without prejudice to Section 5.7 below.
• 5.2. The Customer may exercise the right of withdrawal by sending a notice to Piaggio within the above deadline, using the form attached to these General Terms and Conditions (Annex 1), or any other explicit statement of its decision to withdraw from the Contract. This declaration of withdrawal must occur through the special returns section of the Site, following the instructions and indications provided therein. Piaggio will send the Customer an acknowledgement of receipt of the notice of withdrawal they have sent.
• 5.3. The Customer expressly acknowledges and accepts that the effectiveness of withdrawal is in any case conditional on: (i) the return by the Customer of the Good in perfect working order and in a condition that does not affect its use within 14 (fourteen) days from the date of notification of withdrawal; and (ii) verification that the Good - as a result of partial damage and/or deterioration due to use - has not suffered a loss in value of more than 25% of the Price of the Good.
• 5.4. The Customer shall send the Good in compliance with the instructions received upon communication of the notice of withdrawal in the returns section of the Site.
• 5.5. If the Customer validly exercises their right of withdrawal, they shall be entitled to a refund of the Price. Following the Customer's valid withdrawal, they will be responsible for (a) the costs of returning the Good to Piaggio and (b) the costs of sending the Good to the Customer due to the use of non-standard shipping options that the Customer may have chosen at the time of the Order.
• 5.6. The Customer shall be liable for any decrease in the value of the Good due to its use, and, until the Good is returned to Piaggio in accordance with its return instructions, the Customer shall bear the risk of loss of the Good(s).
• 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 the Services or the Warranty Extension commence during the withdrawal period provided 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 provided or work on the vehicle already performed at the time when the Customer informed Piaggio they were exercising their right of withdrawal.
• 5.8. Piaggio will refund the Customer the price net of: a) the amount owed by the Customer to Piaggio for any depreciation of the Good due to handling other than that necessary to establish the nature, characteristics and functioning of the Good; (b) the costs of shipping the Good to the Customer due to the use of non-standard shipping options that the Customer may have chosen at the time of the Order, within 14 (fourteen) days after receipt of the Customer's declaration of withdrawal, using the same payment method as used by the Customer when placing the Order.

6. Limited Warranty

• 6.1. For 24 (twenty-four) months from the date of delivery of the Good, Piaggio offers a limited warranty to the Customer for production defects and non-conformities with the purchase contract for the Good, if existing at the time of delivery. In any case, this warranty is limited to defects not deriving from the regular use of the Good and does not include defects known at the time of delivery or collection,
• 6.2. For example, the following are excluded from the scope of the warranty: any defects, failures or malfunctions caused by (i) accidental events, (ii) natural or atmospheric events, (iii) user liability, (iv) use of the Good not in compliance with its intended purpose and/or maintenance not in compliance with the provisions of the Use and Maintenance Instructions, if any, (v) negligence of third parties and/or (vi) accidents and incidents.
• 6.3. In detail, the warranty does not cover, for example:

  a) maintenance expenses and costs for the Good, also in compliance with the provisions of the Use and Maintenance Instructions, if any;

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

  c) replacement of the Good or parts thereof due to 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 events, atmospheric pollution, plant, animal and chemical agents, floods, earthquakes, wars, riots and attacks);

  e) damage caused by transporting Goods and/or persons in a way non-compliant with 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 not complying with the Operating and Maintenance Instructions, if any;

  h) damage resulting from changes to the Good or the assembly of accessories and other components not authorised by Piaggio (or, even if authorised, not carried out according to Piaggio's instructions).

• 6.4. In all cases of exclusion from the warranty listed above, Piaggio is released from all liabilities or obligation of indemnity or compensation.
• 6.5. Except for cases of wilful misconduct or gross negligence, Piaggio is only liable for direct damage foreseeable when the sales Contract was concluded. Notwithstanding anything to the contrary contained herein, to the fullest extent permissible by applicable law, it shall not be liable for any loss suffered, loss of profit or any other damage that is not an immediate and direct consequence of its non-performance or that was not foreseeable when the sales Contract was concluded, including indirect, special, incidental, punitive or consequential damages, loss of profits, revenue, opportunity or data, or delay, whether based on contract, tort, negligence, strict liability or any other legal theory.
• 6.6. Except as otherwise provided herein, the products are provided “as-is” and “as available,” and Piaggio makes no representations or warranties of any kind, express or implied, as to the products, and, to the fullest extent permissible by applicable law, Piaggio disclaims all warranties, express or implied, including but not limited to implied warranties of quality, merchantability, fitness for a particular purpose and noninfringement, and there are no warranties, express or implied, which extend beyond the warranties provided herein and the description of the products contained on the order confirmation.
• 6.7. The Customer shall be entitled to have the Good restored to conformity by repair or replacement. In such cases, Piaggio will only be liable for the costs of labour and materials used to make the Good compliant and for any shipping and/or transport of the Good.
• 6.8. Should repair and/or replacement of the Good prove impossible or excessively costly for Piaggio, the Customer will be entitled to a reduction in the Price proportional to the decrease in value of the Good compared to the value it would have had if it had conformed or to terminate the contract, except in cases of minor lack of conformity.
• 6.9. Piaggio will fulfil its warranty repair and replacement obligations, at its discretion, directly, through Piaggio Authorised 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 carried out repairs and/or replacements of any component of the Good without Piaggio's prior written authorisation. The latter will in no way be required to answer 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 carrying out such work.
• 6.10. Piaggio will carry out (and/or commission) repairs and replacements within a reasonable time frame, taking into account the nature and importance of the particular work to be performed and minimising possible inconvenience to the Customer. The warranty for parts repaired and replaced during the warranty period expires at the end of the warranty period for the Good as set out in paragraph 6.1 above.

7. Scope

• 7.1. Contracts of sale governed by these General Terms and Conditions may only be concluded by Customers of legal age who purchase Goods for personal use, and not for resale or other commercial purposes and only if the delivery of the Good and/or the performance of the Service takes place in the United States

8. Changes to the General Terms and Conditions

• 8.1. Piaggio reserves the right to change its Site and these General Terms and Conditions at any time.
• 8.2. The Customer shall be subject to the terms and conditions of the General Terms and Conditions in force when the Order is placed, except for changes necessary to comply with the law and/or orders of the competent authorities (in which case, any changes shall also apply to Orders already placed and in progress).

9. Applicable law and jurisdiction

• 9.1. These General Terms and Conditions – along with the Contract concluded through Piaggio's confirmation of the Customer's Order - shall be governed by, and interpreted in compliance with, New York law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
• 9.2. In any case, the Customer shall have recourse to the ordinary courts. Also, for any legal dispute arising concerning the validity, interpretation, or performance of these General Terms and Conditions and the contract, shall be resolved in the courts of the State of New York, County of New York.

10. Contact for complaints and Customer care (Italy)

Free Phone: 800 818298
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