Terms and Conditions

This part (together with the documents referred to on it) tells you the terms and conditions on which you are permitted to use www.piaggio-scooters.co.uk ("the Site").

Please read these terms and conditions of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms and conditions of use and that you agree to abide by them. If you do not accept these terms and conditions of use in full, please refrain from using the Site immediately.

Please click on the button marked "I Accept" at the end of these terms and conditions of use if you accept them.

1. Information about us and general provisions relating to these terms and conditions of use and/or for the sale of products ("these Conditions")
1.1. www.piaggio-scooters.co.uk ("the Site") is a site operated by Piaggio Limited ("We"), a private limited company. We are registered in England and Wales under company number 02707127 and have our registered office at 2nd Floor Linden House, 153 and 155 Masons Hill, Bromley, Kent BR2 9HY. Our VAT number is 577868464.
1.2. We reserve the right to change these terms and conditions of use at any time. You are expected to check these Conditions from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Conditions may also be superseded by provisions or notices published elsewhere on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of these Conditions as modified.
1.3. In the event of a conflict between these terms and conditions of use and specific terms of use appearing on the Site relating to specific material, the latter shall prevail.
1.4. These terms and conditions of use apply to any website under our control and from which a link has been created to these terms and conditions of use.
2. Accessing the Site
2.1. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
2.2. From time to time, we may restrict access to some parts of the Site or the entire Site to users.
2.3. If you choose or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
2.4. When using the Site, you must comply with the provisions of these terms and conditions of use.
2.5. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions of use, and that they comply with them. You will be liable for any use of the Site through your internet connection or password whether or not authorised by you.
3. Intellectual Property Rights
3.1. We are the owner or the licensee of all intellectual property rights in the Site.
3.2. You may print off a copy of the materials on the Site for your own private use.
3.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4. Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3.5. If you print off, copy or download any part of the Site in breach of these terms and conditions of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Our Liability
4.1. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
4.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
4.1.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
4.1.3. loss of income or revenue;
4.1.4. loss of business;
4.1.5. loss of profits or contracts;
4.1.6. loss of actual or anticipated savings;
4.1.7. loss of data;
4.1.8. loss of goodwill;
4.1.9. wasted management or office time; and
4.1.10. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
4.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
4.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
4.4. We do not warrant that the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the Server that makes it available are free of viruses or bugs.
5. Viruses, Hacking and Other Offences
5.1. You agree to use the Site only for lawful purposes, and in a manner which does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Site by any third party. Such restriction and inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive material or disruption of normal flow of dialogue within the Site.
5.2. You agree to be responsible for (and to indemnify us against) all our losses, damages, costs and expenses (whether direct or indirect) arising out of or in connection with a breach by you of these terms and conditions of use.
6. Linking to and from the Site
6.1. You may link to our home page without gaining written consent.
6.2. If you wish to make any use of material on the Site other than as set out above, please address your request using the Contact Us function.
6.3. Where the Site contains links to and from other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents or reliability of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not necessarily endorse any views expressed within them.
6.4. Any site wanting to create a link to the Site or request a link to be created to them must contact us using the Contact Us function with full details of the request.
7. Information about You
7.1. We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is true and accurate.
8. Jurisdiction and Applicable Law
8.1. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these terms and conditions of use in your country of residence or any other relevant country. These terms and conditions of use are governed by English law.

PART II TERMS & CONDITIONS FOR THE SALE OF PRODUCTS

This part (together with the documents referred to on it) tells you the terms and conditions on which products listed on the Site are supplied to you. Please read these terms and conditions of sale carefully before ordering any products from the Site. You should understand that by ordering any of the products on the Site, you agree to be bound by these terms and conditions of sale. Please click on the button marked "I Accept" at the end of these terms and conditions of sale if you accept them. Please understand that if you refuse to accept these terms and conditions of sale, you will not be able to order any Products from the Site.

9. Definitions and Interpretation
9.1. "Contract" means any contract between you and the Dealer for the sale and purchase of the Products incorporating these terms and conditions of sale and formed pursuant to condition 12.1.
9.2. "Dealer" means the business, firm or company in the List of Dealers that acknowledges receipt of your order.
9.3. "Products" means any products agreed in the Contract to be supplied to you by the Dealer (including any part or parts of them).
9.4. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
9.5. Words in the singular include the plural and in the plural include the singular.
9.6. A reference to one gender includes a reference to the other gender.
9.7. Condition headings do not affect the interpretation of these conditions.
10. Parties to the Contract
10.1. The Contract is between you and the Dealer. For the avoidance of doubt Piaggio Limited is not a party to the Contract.
10.2. By placing an order through the Site you warrant that:
10.2.1. you are legally capable of entering into binding contracts;
10.2.2. you are at least 18 years old;
10.2.3. all the information provided by you is correct and you are the owner of the payment card used by you to pay the purchase price; and
10.2.4. you are entitled to provide the Dealer with the requisite information pertaining to the recipient of the Products.
11. Contract
11.1. Subject to conditions 11.2 and 11.3 the Contract shall be on these terms and conditions of sale to the exclusion of all other terms and conditions (including any terms and conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
11.2. These terms and conditions of sale apply to all the Dealer's sales and any variation to these terms and conditions of sale and any representations about the Products shall have no effect unless expressly agreed in writing and signed by a director of the Dealer. You acknowledge that, in entering into the Contract, you have not relied on any statement, promise, undertaking or representation made or given by or on behalf of the Dealer or Piaggio Limited or implied from anything said or written in discussions between you and the Dealer and/or Piaggio Limited prior to such Contract being concluded except as expressly stated in these terms and conditions of sale.
11.3. Both parties to the Contract are bound at all times by the terms and conditions of use of the Site as specified in conditions 1 to 8 inclusive.
12. Formation of the Contract
12.1. The steps in forming the Contract between you and the Dealer for the supply of the Products are as follows:
12.1.1. you select the products that you wish to purchase and place your order;
12.1.2. you pay for the products by credit/debit card in full or pay a deposit (with subsequent payments to the Dealer, at the times and amounts agreed with the Dealer) at the time of the order, and accept these terms and conditions;
12.1.3. the purchase is processed by the Dealer;
12.1.4. you receive an automatic acknowledgement of your order by e-mail. This constitutes acceptance of your order and formation of the Contract, subject to availability of the Products, and verification of the Contract details, including as to payment.
12.2. The Contract will relate only to those Products which are available. The Dealer will not be obliged to supply any other products which may have been part of your order if he notifies you, or if you are notified, that any of the products in your order are not available.
12.3. The language of the Contract shall be in English.
12.4. If there is an error in any of the information you submit to us, please notify the Dealer as soon as possible. Your payment may not be able to be processed in this instance. The Dealer reserves the right to cancel the Contract without liability to you if any of the information you have provided is incorrect. If you have inadvertently ordered the wrong Products you may cancel the Contract in accordance with condition 17.
12.5. You can download a copy of the Contract.
13. The Products
13.1. The quantity and description of the Products shall be as set out in the email acceptance.
13.2. All samples, drawings, descriptive matter, specifications and advertising issued by Piaggio Limited or the Dealer and any descriptions or illustrations on the Site exist for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract.
13.3. All products are subject to availability and may be withdrawn at any time. The Dealer will contact you to inform you if any Products are not available or cannot be delivered.
13.4. All orders shall be accepted at the discretion of the Dealer.
13.5. The Dealer gives no guarantee that fabrics and paint colours used on products ordered will be an exact match to any samples shown to you or displayed on the Site;
13.6. The Dealer will confirm in the e-mail acceptance the arrangements for tax and insurance of the Products. Where Products are supplied with the benefit of tax and/or insurance these documents will be handed over to you by the Dealer on delivery;
14. Delivery
14.1. Unless otherwise agreed in writing by the Dealer, delivery of the Products shall take place by you collecting the Products from the Dealer's place of business as specified in the List of Dealers function on the Site.
14.2. You shall collect the Products within 30 days of the Dealer giving you notice that the Products are ready for collection.
14.3. Should delivery be required by any means other than collection from the Dealer's place of business, or to a third party other than you, you should discuss this requirement with the Dealer.
14.4. Any dates specified by the Dealer for making the Products available for collection are intended to be an estimate and time for delivery shall not be of the essence unless expressly agreed to by the Dealer in writing. If no dates are so specified, or unless the Dealer notifies you to the contrary, the Products shall be made available for collection within 30 days of your full payment being satisfactorily processed and your Contract information being satisfactorily verified. Where a deposit is made, the balance must be paid in full before delivery can be effected, unless otherwise agreed with the Dealer.
14.5. Subject to condition 18.2 of these terms and conditions of sale the Dealer shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the collection of the Products (even if caused by the Dealer's negligence), nor shall any delay entitle you to terminate or rescind the Contract. Where the delay exceeds 6 months due to any cause, the Dealer may cancel the Contract insofar as it relates to the Products affected by the delay without liability to you.
14.6. If for any reason you fail to collect the Products within the period specified in condition 14.2, or the Dealer is unable to make the Products available for collection or otherwise deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations, risk in the Products shall pass to you (including for loss or damage caused by the Dealer's negligence).
14.7. On collection of the Products, you shall provide at your expense adequate and appropriate equipment and manual labour for loading the Products and be responsible for ensuring appropriate insurance.
14.8. The Dealer may make available the Products for collection by separate instalments. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle you to repudiate or cancel any other Contract or instalment.
15. Risk and Title
15.1. Save as otherwise agreed in writing by a director of the Dealer, the Products will be at your risk from the time they are made available for collection pursuant to condition 14.1.
16. Price and Payment
16.1. There are two different payment methods available; either
16.1.1. You pay in full when placing the order on the Site (excluding the registration charge and other charges which may be specified); or
16.1.2. You pay a deposit when placing the order on the Site and then pay the balance to the Dealer at the times and in the instalments agreed with the Dealer. The deposit is used to secure the Products against your order and is non-refundable unless (i) the Products are not available or the Contract information is not verifiable pursuant to condition 12.1.4; or (ii) you cancel the Contract pursuant to condition 17.1 or within seven working days of paying the deposit or within seven working days of being notified of any price increase.
16.2. The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. We try to ensure that fees quoted on the Site are accurate, but the fee on your order will need to be validated by the Dealer before it processes your order. The Dealer will inform you of any inaccuracy and you will have the right not to proceed with your order if the fee is different to the one displayed.
16.3. Prices are liable to change at any time, but changes will not affect orders in respect of which the Dealer has already sent you an e-mail acceptance.
16.4. Prices include UK value added tax, pre-delivery inspection, licence plates, road fund tax, first registration fee and manufacturer's delivery, but do not include insurance or delivery costs if delivery is agreed to be made other than by collection. Changes in value added tax (or any other similar government taxes imposed from time to time) will also be charged according to law.
16.5. Payment for all Products must be by credit or debit card. We accept payment with Mastercard, Switch, Visa.
17. Cancellation and Refund Policy and Warranties
17.1. If you are contracting as a consumer, you may cancel the Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products provided you comply with condition 17.2.
17.2. To cancel a Contract under condition 17.1, you must inform the Dealer in writing by letter or e-mail at the address stated in the List of Dealers ensuring that the Dealer receives your notice within the said 7 working day period. You must also return the Product(s) to the Dealer with all the licences, authorizations and paperwork within 3 weeks of notifying the Dealer of your cancellation, in the same condition in which you received them, and at your own cost and risk. Products will not be considered to be in the same condition in which you received them if, without limitation, there is more than just delivery mileage on the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation or the Products are not in the same condition in which you received them, the Dealer may have a right of action against you for compensation and/or shall be entitled to withhold some or all of the price paid for the Products.
17.3. When you return the Products to the Dealer because you have cancelled the Contract within the seven-day cooling-off period (see condition 17.1 above), the Dealer will process the refund due to you as soon as possible and, in any case, within 30 days of the Dealer's receipt of the notice of your cancellation. In this case, provided you have complied with condition 17.2 and returned the Products to the Dealer at your own cost, the Dealer will refund the price of the Products in full or refund the value of the deposit plus any subsequent payments. However, you will remain responsible for the cost of returning the item to the Dealer.
17.4. The Products are supplied with the warranties specified on the Site.
17.5. All other warranties, representations, terms and other conditions regarding the Products (whether express or implied, statutory or otherwise) are excluded to the fullest extent permissible by law.
17.6. If you seek to rely on any warranty to return the Products, for instance, because you claim that the Products are defective you must firstly contact Piaggio Limited using the address in the Contact Us function. Piaggio Limited will provide instructions as to the return of the Products. You will be responsible for the cost of returning all Products. Piaggio Limited reserves the right to make good by repair or, at its option, to replace the Products or refund the price paid towards the Product(s) affected. You will be notified the proposed repair, replacement or refund (as the case may be) due to you via e-mail within a reasonable period of time.
17.7. The Dealer will usually refund any money received from you using the same method originally used by you to pay for your purchase.
18. Liability
18.1. The Dealer's liability for losses you suffer as a result of any breach of any express terms or terms implied by statute or common law or any negligence by the Dealer is strictly limited to the purchase price of the Products in respect of which a default is claimed.
18.2. This does not exclude or limit in any way the Dealer's or Piaggio Limited's liability:
18.2.1. For death or personal injury caused by the Dealer's or Piaggio Limited's negligence;
18.2.2. Under section 2(3) of the Consumer Protection Act 1987;
18.2.3. For fraud or fraudulent misrepresentation; or
18.2.4. For any matter for which it would be illegal for the Dealer and Piaggio Limited to exclude, or attempt to exclude, its liability.
18.3. Neither the Dealer nor Piaggio Limited is responsible for direct or indirect losses including but not limited to:
18.3.1. loss of income or revenue
18.3.2. loss of business
18.3.3. loss of profits or contracts
18.3.4. loss of anticipated savings
18.3.5. loss of data or
18.3.6. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
18.4. Where you buy any Product from a third party seller through the Site, the seller's individual liability will be set out in the seller's terms and conditions.
18.5. No liability whatsoever shall be incurred by the Dealer in respect of any representation of any kind made by the Dealer or its agents to you or your agents before the Contract was made.
18.6. Subject to condition 18.2 Piaggio Limited's liability for material posted on the Site is as set out in the terms and conditions of use and in respect of any Products and/or the supply of them its only liability and your sole remedy against Piaggio Limited is as set out in any warranty for the Products.
18.7. It is your responsibility to ensure that you have the ability to drive, the correct authorisations and permits, road fund tax, insurance and have paid the first registration fee. Neither Piaggio Limited nor the Dealer can be responsible for verifying this or for any liability in this respect.
19. Termination and Force Majeure
19.1. The Dealer may terminate the Contract at any time, with or without notice, if, in its sole discretion, you are in breach of any of these terms of the Contract or if any competent authority requires the Dealer to do so.
19.2. The Dealer may extend the time for delivery of the Products and Piaggio Limited may suspend the Site without liability to you for any failure to perform or delay in the performance of the Contract if any event outside its reasonable control affects its ability to provide the Products or host the Site including (without limitation) governmental acts, war, threat of war, riots, civil commotion, strikes, lock-outs or other industrial action or trader disputes, defective materials, delays in receipt of raw materials, bought in goods or components, technical failure, general availability of the internet, power failure, communications failure, accidents, weather, flood, earthquake, subsidence, epidemic or other natural disaster, fire, explosion, act of God, natural or local emergency, invasion, terrorist attack or threat of terrorist attack, impossibility of use of public or private transport or impossibility of use of public or private telecommunications networks. If delivery is delayed by more than six months by any such cause the Dealer may terminate the Contract insofar as it relates to the Products affected by such delay without liability to you.
19.3. The Contract will automatically terminate with immediate effect if we become insolvent, unable to pay our debts, suffer a winding up order or otherwise cease trading.
20. Intellectual Property
20.1. The Dealer gives no indemnity in respect of any actual or alleged infringements of patents, trade marks, trade names, registered designs or any other intellectual property rights relating to the Products.
21. Right of Set Off
21.1. There shall be no right of set off between debts arising between you and the Dealer.
22. Written Communications
22.1. Applicable laws require that some of the information or communications the Dealer sends to you should be in writing. When using the Site, you accept that communication with the Dealer will be mainly electronic. The Dealer will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Dealer provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
23. Notices
23.1. A notice given under the Contract:
23.1.1. shall be in writing in the English language (or be accompanied by a properly prepared translation into English;
23.1.2. shall be sent for the attention of Customer Services at the address of the Dealer as stated in the List of Dealers on the Site or such address as you may have notified the Dealer, such notice to take effect five days from the notice being received; and shall be
(a) delivered personally; or
(b) sent by e-mail; or
(c) sent by pre-paid first-class post, recorded delivery or registered post; or
(d) if the notice is to be served by post outside the country from which it was sent, sent by registered airmail.
23.1.3. A notice is deemed to have been received:
(a) if delivered personally, at the time of delivery; or
(b) in the case of e-mail, at the time of transmission, provided a confirmatory copy is sent by first-class post or by personal delivery before the end of the next Business Day; or
(c) in the case of pre-paid first-class post, recorded delivery or registered post, 48 hours from the date of posting; or
(d) in the case of registered airmail, five days from the date of posting; or
(e) if deemed receipt under the previous paragraphs of this condition 23.1.3 is not within business hours (meaning 9:00 am to 5:30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), when business next starts in the place of receipt.
23.2. To prove service, it is sufficient to prove that the notice was transmitted to the correct e-mail address of the relevant party or, in the case of post, that the envelope containing the notice was properly addressed and posted.
24. Rights of Third Parties
24.1. The Contract is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
25. Assignment
25.1. No Contract between you and the Dealer may be assigned.
26. Our Right to Vary these Terms and Conditions
26.1. Piaggio Limited has the right to revise and amend these terms and conditions of sale from time to time.
26.2. You will be subject to the policies and terms and conditions of sale in force at the time that you order Products from the Dealer, unless any change to those policies or these terms and conditions of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Dealer notifies you of the change to those policies or these terms and conditions of sale before it sends you the e-mail acceptance of your order (in which case we have the right to assume that you have accepted the change to the terms and conditions of sale, unless you notify the Dealer to the contrary within seven working days of receipt by you of the Products.
27. General
27.1. If the Dealer fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions of sale, or if the Dealer fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
27.2. A waiver by the Dealer of any default shall not constitute a waiver of any subsequent default.
27.3. No waiver by the Dealer of any of these terms and conditions of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 23 above.
27.4. If any of these terms and conditions of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27.5. These terms and conditions of sale and any document expressly referred to in them represent the entire agreement between you and the Dealer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and the Dealer, whether oral or in writing.
27.6. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions of sale.
28. Complaints
28.1. If you have any complaints regarding the Products please contact the Dealer at the address specified in the List of Dealers.
29. Law and Jurisdiction
29.1. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to the Contract although the Dealer retains the right to bring proceedings against you for breach of these terms and conditions of sale in your country of residence or any other relevant country. These terms and conditions of sale are governed by English law.

 

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