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MOTO GUZZI V85 TT

TERMS AND CONDITIONS

General Terms and Conditions of V85 TT® On-line Booking Service.

These pages, their content, structure and the V85 TT® on-line booking service via this Website (the “Service”), are the property of Piaggio Group Americas with registered office in New York (NY), 257 Park Ave S 4th floor, New York, NY 10010 (“Piaggio”).
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 (https://prebookingusav85tt.motoguzzi.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 V85 TT® chosen at the time of booking. The Service will be available until June 30th, 2019, then will no longer be possible to pre-book V85 TT®.
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 the deposit of the sum of $2,000.00 USD (for USA and Canada). Your operator will authorize the funds for the above sum.
1.3. The Customer has 30 days after the pre-booking deposit has been done to decide to cancel it without any charge from PGA within the terms and according to the conditions of your credit card. Later than 30 days from the days of your pre-booking deposit, Customer can still cancel the pre-booking, but the deposit wwill not be reimbursed.
1.3.1 Once the Customer confirms his/her pre-booking, PGA will automatically qualify him/her for a $250 accessory credit. The accessory credit will be sent from PGA to the Customer via email and he/she can use it at the dealership selected at the time of purchase.
1.4. Within June 30th, 2019 the Customer must go to the Dealer chosen at the time of pre-booking to sign a purchase agreement for the vehicle V85 TT®, paying the MSRP minus the deposit value ($2,000.00 USD). During this period, Piaggio Group Americas undertakes to offer you the possibility of purchasing the vehicle V85 TT® from the chosen Dealer.
1.5. Later than June 30th, 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 will not be reimbursed in accordance with article 1.3. Availability of V85 TT® at selected dealer is guaranteed starting July 1st, 2019 (USA) and August 1st, 2019 (Canada).

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 Bank of America; 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 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 Group Americas 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, 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 (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 marketing@piaggiogroupamericas.com. 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 Bank of America 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, preparation costs and/or any taxes, unless otherwise specified in the website or in the confirmation email.

5. Withdrawal

5.1. It is understood that at any time until April 30st, 2019, you may communicate your withdrawal from the Service and request release of the deposit 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.
5.2. By making a booking, you accept and approve the rules concerning withdrawal.

6. Disclaimer

6.1. 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.
6.2. 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.

7. Registration on Website – Processing of personal data

7.1. 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].
7.2. The Customer declares and guarantees that the data provided during the registration and purchase process are correct and truthful.

8. Security

8.1.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.

9. Customer Service

9.1 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.

10. Miscellaneous

10.1. 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 Group Americas, its suppliers or its providers.
10.2. 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).
10.3. 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.

11. Applicable law, settlements and jurisdiction

11.1 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.
11.2 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.
11.3 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
11.4 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.