1. PARTIES

1.1 These Terms of Sale (the "Terms") apply to the purchase of products under the "Ducati" brand (the "Products" or individually the "Product") on the site www.ducati-cycling.com (the "Site") by users acting in as consumers, as defined under Article 1.3.

1.2 The Site is available and managed by DIAMANT Srl with registered office in Viale del Lavoro, 8 37060 Bonferraro di Sorgà, Verona, Italy, tax code, VAT number IT02922140237, certified email, telephone number +39 045 6655044, email info.ducaticycling@diamantdmt.com (the "Seller"). Customers should use the above contact details to communicate with the Seller.

1.3 Purchases of Products on the Site are concluded between the Seller and the user acting as a customer (the "Customer"), who purchases one or more Products for purposes unrelated to any entrepreneurial, commercial, or professional activity. The Seller and the Customer are hereinafter collectively referred to as the "Parties".

1.4 Each purchase is governed by the version of the Terms of Sale in force at the time the order is submitted.

1.5. The Site is intended for online retail sales and is therefore designed for use by consumers only. If one or more sales are concluded with a person who does not qualify as a consumer, these Terms shall apply, except that:

• the statutory guarantee of conformity (see Article 9 below) shall not apply;
• the right of withdrawal provided for consumers (see Article 10 below) shall not apply;
• any other consumer-specific protections provided by law shall not apply;
• the sales contract between the Seller and the Customer shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

1.6. Customers must be at least 18 years old and have the legal capacity to enter into binding contracts.

1.7. The Site does not apply personalised pricing based on customer data (such as browsing history or geolocation) and does not carry out automated decision-making processes.

1.8. The Seller reserves the right to amend these Terms. Any amendments shall apply only to sales concluded from the effective date of the updated Terms.

2. PRE-CONTRACTUAL INFORMATION

2.1. Before concluding the contract, the Seller shall provide the Customer, in a clear and comprehensible manner, with the following information:

• the main characteristics of the Products;
• the identity of the Seller, as indicated in Article 1.2;
• the total price of the Products, including taxes and all additional shipping, delivery, or postal costs;
• the payment, delivery, and performance arrangements;
• the availability of the right of withdrawal [AR2], including the conditions, time limits, and procedures for exercising it, as well as the standard withdrawal form;
• information that the Customer will bear the cost of returning the goods in the event of withdrawal;
• a reminder of the existence of the statutory guarantee of conformity;
• the existence and conditions of after-sales assistance and commercial guarantees, where applicable;
• the duration of the contract and the conditions for terminating it;
• the availability of out-of-court complaint and redress mechanisms.

2.2. The information referred to in the preceding paragraph forms an integral part of the sales contract and may not be modified without the express agreement of the Parties.

3. PRODUCT CHARACTERISTICS AND AVAILABILITY

3.1. The Products are marketed with the characteristics described on the Site and in accordance with the conditions published at the time the order is placed by the Customer.

3.2. Product prices and specifications may be subject to change. Such changes will only apply to orders that have not yet been confirmed as of the date of the change. Any errors in the publication of product prices on the Site are not binding.

3.3. The Products available on the Site may be purchased exclusively by users located in countries and territories for which delivery is available (as listed on the Site). The Seller shall not be held responsible for any temporary variations in availability due to simultaneous sales or system updates.

4. PURCHASE METHODS AND CONTRACT OF SALE

4.1. The presentation of the Products on the Site constitutes an invitation to the Customer to make a purchase offer.

4.2. The purchase order submitted by the Customer constitutes a contractual offer and is governed by these Terms. Before proceeding with the purchase, the Customer should carefully read these Terms and any other available guidelines on the Site.

4.3. The contract of sale is considered concluded when the Customer receives an order shipment confirmation from the Seller via email. Such confirmation will contain:

• the summary of the order placed;
• confirmation of shipment;
• a detailed indication of the price, shipping costs, and applicable taxes;
• a link to these Terms.

4.4. The Seller reserves the right to refuse an order at its sole discretion, for example in the case of incorrect prices published on the Site, subsequent unavailability of the Products ordered, anomalies in the order, or orders from buyers with whom there are ongoing disputes.

5. SHOPPING PROCEDURE

5.1. Products can be purchased by adding them to the virtual shopping cart. To complete the purchase, the Customer must:

• register on the Site or log in;
• confirm their personal and delivery details;
• choose the shipping method and payment method;
• expressly approve these Terms;
• definitively confirm the order.

5.2. If the Customer detects obvious errors in prices, they are invited not to complete the order and to report such errors to Customer Service.

6. DELIVERIES

6.1. The delivery times indicated on the Site are purely indicative. The Seller, however, commits to respecting the indicated delivery times, except in cases of force majeure or events beyond its control.

6.2. The Customer must promptly check that the delivery includes all purchased Products and inform the Seller of any defects or discrepancies. If the packaging is damaged, the Customer must refuse delivery or accept it “with reservation”.

6.3. For orders containing customized Products, delivery times may be longer than for standard Products, as specified in the relevant product sheet.

7. PRICES, COSTS AND TAXES

7.1. The price of the Products is indicated at the time the order is placed and includes VAT and applicable indirect taxes, but excludes shipping costs.

7.2. Shipping costs are calculated and communicated to the Customer before the order is confirmed.

7.3. For deliveries to non-EU countries, the Seller shall be responsible for the payment of any customs duties and local taxes, which will be paid through the courier.

8. PAYMENTS

8.1. Payment occurs upon confirmation of purchase. The contract of sale is completed upon full payment of the order.

8.2. Payments can be made by credit card or PayPal. Payment data is processed by Shopify International Limited using 128-bit SSL encryption.

8.3. The Seller will send the receipt to the Customer in electronic format via email or in paper format included in the parcel.

8.4. The Seller does not process nor store payment card data.

9. STATUTORY GUARANTEE OF CONFORMITY (CONSUMERS ONLY)

9.1. The Seller guarantees to Customers that the Products comply with the contract for a period of 2 years from delivery. The Products must meet the requirements of conformity (correspondence to the contractual description, quality, and functionality) as well as the objective requirements of conformity (suitability for ordinary purposes and the quality and characteristics normally present in goods of the same type).

9.2. Customers who have received a damaged, non-compliant, defective, or incorrect Product may request repair or replacement or, where these remedies are not possible, a partial or full refund of the amount paid for the Product.

9.3. The purchased Products are covered by the statutory guarantee of conformity, which covers defects of conformity for a maximum period of 24 (twenty-four) months from delivery, it being understood that the Customer’s right of action to assert such defects shall in any case expire within 26 (twenty-six) months from delivery.

9.4. If a lack of conformity is discovered, the Customer must notify the Seller within two months of discovery, under penalty of forfeiture of the right to rely on the statutory guarantee.

9.5. The Customer may report defects of conformity by following the procedure indicated in the “RIGHT OF WITHDRAWAL, STATUTORY GUARANTEE OF CONFORMITY, RETURNS AND REFUNDS [AR3]” section of the Site.

9.6. If a lack of conformity becomes apparent within one year of delivery, it is presumed to have existed at the time of delivery, unless proven otherwise.

9.7. Any remedy provided under the statutory guarantee shall be free of charge for the Customer, including shipping costs for the return and delivery of repaired or replaced goods.

10. RIGHT OF WITHDRAWAL (CONSUMERS ONLY)

10.1. The Customer has the right to withdraw from the contract of sale without providing any reason within 14 days of delivery of the Product (or of the last Product, in the case of multiple-item orders).

10.2. The Customer must follow the procedure indicated in the “RETURNS, REFUNDS AND GUARANTEE [AR4]” section of the Site.

10.3. In the event of withdrawal from the contract of sale, the Seller will refund all payments received, including standard delivery costs, within 14 days of receipt of the withdrawal notice, using the same payment method used by the Customer.

10.4. The Customer must return the goods within 14 days of notifying withdrawal and will be responsible for the direct cost of return (shipping costs). The refund may be suspended until the Products are received to allow the Seller to verify their condition. Returning products that are worn, partially damaged, or missing components (in the case of frames) may result in loss of the right of withdrawal. The Customer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning.

10.5. EXCLUSIONS TO THE RIGHT OF WITHDRAWAL: By statutory provision, the right of withdrawal is excluded for:

• Products made to measure or clearly personalised, such as custom frames and bicycles configured using the configurator;
• Sealed goods not suitable for return for hygiene reasons, once opened after delivery;
• Products that are liable to deteriorate or expire rapidly;
• Other cases provided for by applicable law.

10.6. Return shipping costs shall be borne by the Customer, including any import duties and charges related to shipping products from non-EU countries to Italy. These amounts will be deducted from the refund payable to the Customer following the exercise of the right of withdrawal.

11. INFORMATION

For assistance and/or information regarding orders and shipments, refunds and returns of products purchased on the Site, suggestions, and other general information on the services provided by the Site and DIAMANT Srl, you can always contact the Seller by email at info.ducaticycling@diamantdmt.com. For any other legal information, Customers are invited to consult the sections Terms of Use, Right of Withdrawal [AR5], Statutory Guarantee of Conformity [AR6], Returns and Refunds.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. All content, in any format, published on the Site, including web pages, graphics, colours, patterns, tools, fonts, website design, diagrams, layouts, methods, processes, functions, and software included on the Site, is protected by copyright and all other intellectual property rights of DIAMANT Srl and other rights holders. Any reproduction of the Site and its contents, in whole or in part and in any form, is prohibited without the express written consent of DIAMANT Srl.

12.2. With regard to the use of the Site, Users are exclusively authorised to:

(i) view the Site and its contents;
(ii) carry out temporary acts of reproduction, without commercial purposes, which are transient or incidental and form an integral and essential part of the viewing of the Site and its contents;
(iii) carry out browsing operations on the Site solely for the lawful use of the Site and its contents.

12.3. Any further reproduction must be authorised on a case-by-case basis by DIAMANT Srl...

13. PERSONAL DATA PROCESSING

13.1. Personal data is processed in compliance with EU Regulation 2016/679 (GDPR) and any other applicable law.

13.2. The Seller acts as data controller for the purposes of executing the contract, fulfilling legal obligations, and obtaining prior consent, where necessary, to carry out marketing activities.

13.3. The Customer may exercise the rights provided by the GDPR (for instance, access, rectification, erasure, portability, objection) by contacting the Seller at the e-mail addresses indicated in the Privacy Policy, which can be viewed at this link [AR7].

14. SECURITY

14.1. Although the Seller adopts appropriate measures to protect personal data against loss, falsification, manipulation, and improper use by third parties, due to the inherent characteristics and technical limitations of electronic communications over the Internet, Users are advised to take standard precautions when browsing online, such as using antivirus software, avoiding clicking on links of dubious origin, and securely storing all credentials and passwords.

14.2. For credit card payment data, the Seller uses the services of Shopify International Limited, which employs technological systems designed to ensure high levels of reliability, security, protection, and confidentiality in the transmission of information over the Internet.

14.3. Payment systems use SSL security protocols and are managed by providers certified in accordance with international security standards.

15. ENVIRONMENTAL SUSTAINABILITY

15.1. The Seller undertakes to use eco-sustainable packaging and to provide information on the correct disposal of the Products and packaging.

15.2. For electronic products, the Seller participates in WEEE collection systems as required by applicable legislation.

16. APPLICABLE LAW

These Terms are governed by and construed in accordance with Italian law, including, by way of example and not limitation, any dispute concerning the existence, validity, or effectiveness of these Terms and any other agreement referring to them.

17. DISPUTE RESOLUTION

17.1. Each contract of sale is governed by Italian law, in particular the Consumer Code, without prejudice to mandatory consumer rights.

17.2. For consumer disputes, the Seller is willing to participate in conciliation procedures with qualified ADR bodies.

17.3. For disputes not resolved through out-of-court settlement, the court of the Customer’s place of residence or domicile shall have exclusive jurisdiction over matters concerning the execution and/or interpretation of the contract of sale.

18. MISCELLANEOUS

18.1. These Terms constitute the entire Agreement between the Parties relating to the subject matter of the contract.

18.2. The invalidity or unenforceability of any individual clause of these Terms shall not affect the validity of the remaining provisions of the Agreement.

18.3. This Agreement has been drafted in the Italian language. In the event of any discrepancy or inconsistency between the Italian version and any translation thereof, the Italian version shall prevail for purposes of interpretation and to determine the intent of the Parties.