TERMS AND CONDITIONS

TERMS AND CONDITIONS

General Terms and Conditions of Vespa Elettrica® On-line Booking Service.

The following terms and conditions (as amended from time to time) shall apply to the services hereof provided on-line. By accessing the website http://prebookingelettrica.vespa.com, visiting it, using it and/or using any one of the applications available via any platform (below defined as "Website"), and/or by making a booking, the Customer declares that he/she has read, understood and accepted the terms and conditions set forth below (including the information statement on data protection).

These pages, their content, structure and the Vespa Elettrica® on-line booking service via this Website (the “Service”), are the property of Piaggio & C S.p.A. with registered office in  Pontedera (PI), Viale Rinaldo Piaggio 25, Tax Code Number 04773200011, VAT Number 01551260506 and reg. no at Pisa Companies Register R.E.A. n. 134077 (“Piaggio”) and are operated and offered to you (below the “Customer/s” or “you”) by Triboo Digitale S.r.l., with registered office in Milan, Italy, Viale Sarca 336, building 16, Tax Code, VAT and Milan Companies Register number 02912880966 (the “Operator”) and are provided to the consumers, as defined in accordance with the consumer protection laws, exclusively for personal use according to these terms and conditions (“Terms and Conditions”).

Piaggio reserves the right to modify these Terms and Conditions at any time, at its discretion, without any prior notice to the Website users. Any modifications made will be effective from the date of publication on the Website and will apply solely to the Services rendered as from that date.

 

The Service is for sole personal use. You are therefore not allowed to re-sell, use, copy, insert deep-links, monitor (using for example spiders, scrapes), display, download or reproduce any content or information, software, product or service available on our website for any type of activity having a commercial or competitive purpose..

 

1.    The booking service and deposit of sums

1.1. Via this website (http://prebookingelettrica.vespa.com) the Customer may reserve the possibility of purchasing from the dealer authorized by Piaggio Group Americas, chosen at the time of the booking (the “Dealer”), the vehicle Vespa Elettrica® chosen at the time of booking. The Service will be available until March 31st 2019, then will no longer be possible to pre-book Vespa Elettrica®.

1.2. Once you have selected the Dealer from whom you wish to purchase the vehicle, you must access the booking area in order to finalize your booking, indicating the details of your credit card (which must be one of those specified in the Website) and authorizing deposit of the sum of $749.00. Your operator will pre-authorize the funds for the above sum. Piaggio Group Americas will promptly send to the Dealer the details of the booking and will contact the Customer to provide him with any assistance and information required.

1.3. The maximum term for the period of deposit will be 90 days from the time of booking. The above-mentioned deposit will be cancelled within the terms and according to the conditions of your credit card.

1.4. Within March 31st, 2019 the Customer must go to the Dealer chosen at the time of pre-booking to sign a purchase agreement for the vehicle Vespa Elettrica®, paying the relative price. During this period, Piaggio Group Americas undertakes to offer you the possibility of purchasing the vehicle Vespa Elettrica® from the chosen Dealer. If the signing of the purchase agreement (at the Dealer chosen at the time of booking) will take place within March 31st, 2019 from the time of booking, the Operator will issue instructions for release of the deposit as per article 1.2 within 3 days from signing of the purchase agreement, and will send you a notification email.

1.5. Later than March 31st, 2019 and without the Customer having purchased the vehicle from the Dealer, the Customer will forfeit his booking rights and Piaggio Group Americas and the Dealer will be released from all obligations in relation to supply of the product. The deposit in accordance with article 1.2 will be cancelled within the terms and according to the conditions of your credit card and the relative sum will be returned to you free of charge. Availability of Vespa Elettrica® at selected dealer is guaranteed starting April 1st, 2019.

2.    Availability in different geographical areas

The Website can be accessed from all over the world. However, the Service will be available only in USA and Canada through its network of authorized Dealers indicated in the Website.

3.    Credit card

3.1. At the time of booking, you will be transferred to a protected site and you will be required to enter your credit card details, which will be communicated directly to Banca Sella S.p.A., with registered office in Biella (Italy), Piazza Gaudenzio Sella 1, Tax code and VAT reg. no. 02224410023, registered with the Chamber of Commerce of Biella under number 02224410023; said bank is the operator that will deal with the deposit. Your credit card details are necessary in order to guarantee your booking. The credit card will be pre-authorized for the sum specified in article 1.2.

3.2. All the data delivered will be transferred in protected mode, via encrypted data transfer using the 128 bit “Secure Socket Layer” (SSL) technology. These data will not be accessible even by Piaggio and/or the Operator.

3.3.  In the event of fraud or unauthorized use of your credit card by third parties, the majority of banks and credit card companies undertake the risk and cover all the sums resulting from said fraud or unauthorized uses. This may entail the bank charging a fee to your card (usually 50 EUR, or the equivalent in your currency). If your credit card company or bank charge you this fee due to unauthorized transactions resulting from a booking made on our website, we will compensate you for the sum charged, up to 50 EUR (or the equivalent in your local currency). To enable us to provide the compensation, you must report the fraud to the credit card provider (in compliance with the provider’s regulations and procedures) and contact us immediately by email dispute@triboo.it. Please put “Credit card fraud” as the email subject and provide proof of the fee charged (e.g. the policy of the credit card issuer). Said compensation applies exclusively to bookings made through the secure server of Banca Sella and only after verifying that unauthorized use of your credit card derives from a failure or act of negligence on our part and not from incorrect use of the secure server by you.

4.    Prices

The prices indicated in the website at the time of booking are the maximum recommended prices; any lower prices may be agreed with the chosen Dealer at the time of purchase at the Dealer’s premises. All the prices published on this website are exclusive of VAT and exclusive of registration costs and/or any taxes, unless otherwise specified in the website or in the confirmation email.

 

5.    Free service

The booking service is free. No charge will be made for the service offered. The sums as per article 1.2 of these Terms and Conditions will be retained only for the period indicated and without prejudice to withdrawal, and no cost will be charged to your credit card, since the product purchase price must be paid directly to the chosen Dealer at the time of purchase.

6.   Withdrawal

6.1. It is understood that at any time until you have signed the product sale agreement at the premises of the chosen Dealer, you may communicate your withdrawal from the Service and request release of the pre-authorized sum by sending an email to the address marketing@piaggiogroupamericas.com. In this case the deposit in accordance with article 1.2 will be cancelled within the terms and according to the conditions of your credit card and the relative sum will be returned to you without any charge. The provisions of article 1.3 remain unchanged.

6.2. By making a booking, you accept and approve the rules concerning withdrawal.

 

7. Disclaimer

7.1. Without prejudice to the limitations and specifications indicated in these terms and conditions and as far as permitted by the law, we accept liability only for the direct and immediate damages effectively incurred, due to failure to observe our obligations in provision of the Service. The compensation may cover the entire amount of the cost effectively incurred for the booking.

7.2. In any case, and within the limits of the law, neither Piaggio Group Americas nor the Operator nor affiliated companies or dealers or partners involved in the Service, in the promotion or advertisement of the website and the content thereof will be held liable for losses or punitive, special, indirect or consequential damages, for any loss of profit, income or for reputational damage.

8. Registration on Website – Processing of personal data

8.1. In order to proceed with registration and forwarding of the booking, and therefore to provide the Service, the Customer is required to provide some personal data via the Website. The Customer acknowledges that the personal data provided will be registered and used by Piaggio & C S.p.A. and by the Operator, in compliance with the Italian Data Protection Act, as amended, in order to implement all purchases made via the Website and, subject to their consent, for any further activities as indicated in the privacy information note provided via the Website at the time of registration [click here to see privacy information].

8.2. The Customer declares and guarantees that the data provided during the registration and purchase process are correct and truthful.

9. Security

9.1.While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorized third parties.

 

10. Customer Service

10.1 Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address marketing@piaggiogroupamericas.com.

 

11. Miscellaneous

11.1. Unless otherwise specified, the software necessary for providing our services, made available or used by our Website, and the copyright of the contents, information and material present in our Website are the property of Piaggio & C S.P.A., its suppliers or its providers.

11.2. As far as permitted by the law, these terms and conditions, and the supply of our services will be regulated and interpreted in compliance with Italian law and any disputes that may arise from these terms, general conditions and our services will be referred exclusively to the Court of Pisa (Italy).

11.3. Any costs for Internet access to the Web Site is at the expense of the customer, including telephone costs, according to the rates applied by the operator selected by the customer.

12. Applicable law, settlements and jurisdiction

12.1 Any sales contracts signed between the Seller and the Consumer under these general sales conditions shall be governed and construed in accordance with the Italian laws in forces.

12.2 In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet.  For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website www.risolvionline.com.

12.3 As an alternative to the settlement proposed in art. 12.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: marketing@piaggiogroupamericas.com

12.4 If no settlement attempt is made, as under section 12.2-12.3, or the attempt is not successful, the Court of Pisa (Italy) is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Consumer's country of residence.