General terms of sale

1. Object
1.1 The following General Terms of Sale, govern the sale/purchase agreement relating to any purchase made through the site of Moto Morini (hereinafter the "Site"). The Site is owned by Moto Morini Ltd. (a single-stakeholder company, subject to the direction and coordination of MMI SA) with registered offices in Trivolzio (PV), via Beri 24, Italy, capital stock € 20,000,000, with registration number at the Register of Companies of the Pavia Chamber of Commerce, Tax code and VAT number 07500980961 (hereinafter the "Vendor").
1.2. For each purchase, the only contracting parties are Moto Morini Ltd (Hereinafter the "Vendor"), as Vendor, and the purchaser (hereinafter the `"Buyer") (Buyer and Vendor hereinafter together the "Parties"). Moto Morini Ltd. is the sole holder of rights over the domain name of the site, on logos and trademarks in the Site, Moto Morini is also the holder of the copyright relating to the Site and its contents.
1.3. All purchases on the Site are subject to the General Terms of Sale published on the site itself, better explained below. The General Conditions of Contract, at the discretion of Moto Morini, may be changed over time; the ones having value and effect between the parties, are those that will be on the Site at the conclusion of the contract, in accordance with the provisions of art. 3 below and the law in force.
1.4. The site is designed for retail and the related contract management is therefore restricted to an individual consumer pursuant to the definition the law in force gives to that term, i.e: "any natural person acting for purposes outside his/her entrepreneurial, commercial, business or handicraft activity" If the Buyer fails to comply with the definition of "consumer" given, he/is is asked to refrain from sending an order to the Vendor, proceeding to contact it to make purchases through other channels. Similarly, in order to validly conclude a contract according to the provisions referred to below and the applicable rules of law, the Buyer must have the legal capacity and the capacity to act and in addition he/she must be of age and have any additional requirements that the Law may require for the case in question or in relation to the type of purchase to be performed. The Buyer declares that he/she has all those requirements.
1.5. The Buyer agrees to have the confirmation of the information regarding the order placed and the General Conditions of Contract contained in this contract sent by e-mail to the address stated by the Buyer to Vendor when purchasing a product.


2. Products - characteristics and availability in various countries.
2.1. The products are sold with the characteristics described in the Site, except for the exceptions set out in it indicated when sending the order according to these General Conditions of Contract, to the exclusion of any other term or condition, except for any other provision that might contain a specific Sale contract found in the Site for a particular product marketed on the same Site
2.2. The Vendor reserves the right to modify the terms and conditions at any time.
2.3. The prices and goods on sale on the Site may be modified by the Vendor without prior notification. The Vendor reserves all rights and powers in this respect.
2.4. The Vendor reserves the right, without notice or obligation, to modify the products offered on the Website or to modify their characteristics.
2.5. The Vendor reserves the right to make changes and improvements to any good offered for sale through the Site, without the obligation to make the same changes to products already sold.
2.6. The Site is virtually visible throughout the world, but not all products are purchasable or available in the country of the Site visitor.
2.7. As more fully described in Article 6 of these General Conditions of Sale, the products on the Site when intended for sale, are intended for sale only in the countries listed on the site when the order is placed.


3. Completion of the contract.
3.1. Showing the products on the site of the Vendor shall not bind the same: the said show is not an offer to the public by the latter, but a simple invitation to offer.
3.2. The purchase order sent to the Vendor following the instructions or links listed in the Site has the value of contractual proposal and it is binding for 48 (forty eight) hours after its receipt by the Vendor. The said order is subject to these General Conditions of Contract which form an integral part of the order and must be fully and unconditionally accepted by the Buyer when sending the order.
3.3. The purchase order referred to above is accepted by Vendor by sending to the Buyer`s e-mail address (indicated by him/her when registering at the site), an e-mail confirming the order. This e-mail, among other things will have the description of the ordered product features, the summary of the order placed and the text of these General Conditions of Sale. The Vendor will store in its IT databases the Buyer`s order, the confirmation of order itself and the General Conditions of Contract applicable to the relation. The Buyer may request a copy by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by writing to Moto Morini srl, Via Beri 24- 27020 Trivolzio (PV).
3.4. The contract between the Parties is considered concluded when the Buyer receives from the Vendor, the receipt of the order by email. If the Buyer does not receive, within 48 (forty eight) hours from the time the order was sent, the aforementioned receipt by the Vendor, the order was not successful and the contract has not been concluded. In such event, the Buyer is invited to contact the Vendor via e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it


4. Selection and purchase of products.
4.1. The products presented on the Site may be purchased by following the steps provided on the Site itself, and briefly described below. This procedure involves first the selection of products by the Buyer. After selecting the products, the Buyer wishing to proceed to their purchase, must register on the Site providing the data required for the registration. In order to prepare his/her order and allow the subsequent completion of the contract, unless otherwise provided by the Vendor, the Buyer must confirm the following information: his/her personal data, his/her residence, and the delivery address if different from the residence address. The Buyer will be also required to provide a billing address and a contact phone number for any communication and his/her Tax Registration number or similar code. At this point the Buyer shall select one of the proposed shipping methods and then select a payment method among those proposed by the Site. The Buyer may opt for two methods of payment: (4.1.) 1 - Instant Payment (4.1.) 2 – Instant part payment
4.1.1. If he/she chooses instant payment by credit card, bank transfer or Pay Pal he/she shall notify the relevant information via secure connection. The Vendor reserves the right to verify the identity indicated by the Buyer. When paying by credit card, the purchase amount will be charged to the Buyer only when the order confirmation is sent by the Vendor.
4.1.2 If the Buyer opts for instant part payment, and wherever the Vendor shall explicitly or by writing give the option (as granting such method of payment is an exclusive right of the Vendor), the Buyer will be required to pay immediately 500 euro of the price of the product, while the remaining amount shall be settled within 10 days from placing the order. The part of the price paid by the Buyer when placing the order will be considered as the price for withdrawal, pursuant to article 1373, third paragraph of the CC. The Vendor retains the ownership of the product until it is paid in full by the Buyer.
4.1.3 Without prejudice to what above, the Buyer may check a summary of his/her order, of which he/she can still edit the contents. At this point, the Buyer shall approve the General Conditions of Sale, after reading them carefully, with the appropriate tick and finally, through the "Confirm" button, the Buyer must confirm his/her order, which will be sent to Vendor in its final form and will have the results referred to in par. 3.2. of this contract.
4.2. The Vendor reserves the right to allow the purchase of one product only or at least of a limited number of products for each Buyer in the event that the purchase refers to a product in a limited range. If the Buyer wants to buy more products than allowed, the Vendor reserves right as of now to grant such a purchase. In this case, however, the Buyer shall contact the Vendor at one of the contact addresses listed in the website, and where possible, the Vendor will meet the Buyer`s request.


5. Delivery and acceptance of goods.
5.1. Usually the Site indicates the availability of the products presented on it.
5.2. For as much the Vendor undertakes to take all the measures and resources necessary to comply with the delivery times indicated in the Site, these are purely indicative and are not binding for the Vendor. Unless a different deadline is established in the contract, the Vendor must provide for the delivery of products purchased by the Buyer within a maximum of 60 (sixty) days after the order confirmation has been sent to the Buyer, when he/she has already paid in full the products purchased; otherwise, the delivery of products will take place 60 days after the payment in full of the price by the Buyer.
5.3. The Vendor cannot guarantee the correctness of availability indicated in the Site
5.4. If the Buyer has ordered a product no longer available, the Vendor shall promptly inform him/her, and if the payment has already been made, the Vendor will refund it promptly.
5.5. The Vendor will make available the products purchased in accordance with the preferences expressed by the Buyer, as he/she stated them when placing the order through the site among the options proposed in it. The Buyer is required and commits him/herself as of now to perform a check of the products on delivery regarding the match between what ordered and what delivered. The Buyer also agrees to promptly notify the Vendor about any faults of the products otherwise, according to current regulations, the legal guarantees will be forfeited. The notice of fault or deformity as above, should be given to the Vendor in accordance with the procedure better indicated below in article 8. If the packaging or the casing of the products ordered by the Buyer reach the Buyer visibly damaged, he/she is invited to accept it as "conditional" delivery.


6. Prices, shipping costs, taxes and duties.
6.1. The price of the products shown on the Site at the time the order was placed includes shipping charges and any additional taxes and duties.
6.2. Shipping costs vary depending on the destination of the goods and will be displayed on the Site when creating the order; these shipping costs will be added to the price of the products ordered.
6.3. The total price payable to the Vendor shall be the one indicated on the order and confirmed in the order confirmation e-mail sent by the Vendor to the Buyer.
6.4. The products will be available only within the territory of the countries listed the Site
6.5. Any other cost, charge, tax and / or duty depending on the regulations applicable to the single state and that may apply to products, will only be charged to the Buyer.


7. Payments.
7.1. Payments for orders through the website can be made by Bank Transfer, Credit Card or PayPal under the rules presented below. Additional means of payment accepted by the Vendor may be indicated by the Vendor in the payment section of the Site.
7.2. In case of payment by credit card, the User will be redirected to a secure connection and the data of his/her means of payment will be processed and communicated directly to PayPal (Europe) S.à rl et Cie, S.C.A. Société en commandite par Actions, Registered Office: 22-24 Boulevard Royal, L-2449 Luxembourg RCS Luxembourg B 118 349 - The Vendor expressly assigned to it to deal with payments on its behalf.
7.2.1 The data transmitted will be sent in secure mode, through the transfer of encrypted data with SSL (Secure Socket Layer).
7.3. Payments can be made by bank transfer in favour of the Vendor, if applicable indicating the Transaction Reference Code on the order. The Buyer declares he/she accepts as he/she expressly accepts that the execution of the Contract cannot take place before the order price is credited to the Vendors`s account: if the products ordered by the Buyer are out of stock or discontinued before the aforesaid credit, the Vendor shall refund the amount paid by the Buyer in accordance to the provisions of Article 5 above, and the contract between the parties shall be terminated de jure.
7.4. The amount for the order placed cannot be paid on delivery.
7.5. The invoice or other fiscal document if required and / or necessary regarding the order placed by the Buyer, will be sent to the email address specified by him/her when registering to the Site. If the goods are addressed to countries other than Italy, the invoice will be sent in hardcopy.


8. The Vendor`s Compliance Guarantee, interventions under warranty and non-compliance reporting.
8.1. Pursuant to European Directive 44/99/CE and Italian Law Decree n. 206/2005 (Consumer Code), the Vendor provides the Buyer (who is a consumer) with legal guarantee on the product purchased for any non-compliance with respect to the sale contract that occurs within 24 (twenty four) months from delivery.
8.2. The Buyer, if he/she intends to make use of the above warranty, may contact the Vendor directly and in case of non-compliance of the product with respect to the contract, he/she will obtain, within a reasonable time according to the nature of the product, the repair (to the extent it is possible), replacement of the product, price reduction or termination of the contract if the repair or replacement of the product are impossible or prohibitively expensive.
8.3. The use of the product in a manner that does not comply with the instructions for use, is not in any case covered by warranty.
8.4. The tax document issued by the Vendor (receipt, invoice or receipt of payment) shall be submitted with an indication of non-compliance of the product as the proof of purchase from the Vendor.
8.5. Pursuant to article 132 and the Code of Consume, the Buyer forfeits the rights under this article if he/she does not send the report on the non-compliance to the Vendor within 2 months from the discovery of the defect.
8.6. The report on the non-compliance must be submitted by the Buyer to the Vendor by e-mail at the following address This e-mail address is being protected from spambots. You need JavaScript enabled to view it . The Vendor will reply to this notice, promptly and notifying the Buyer about how to return or make available the product.
8.7. The Vendor, through its service network, carries out inspections and controls to ascertain the actual non-compliance of the product by providing, as a result of these checks, a reply to the Buyer by email to the address provided by him/her when registering to the Site.
8.8. Under the current regulations cited above, if the non-compliance of the product is ascertained, the Buyer will be refunded of the shipping costs incurred in returning the non –complying product and without further charges, the Vendor will replace or repair the non-complying product. If the product is not repairable and is therefore replaced, the non-complying product will remain under the ownership of the Vendor.
8.9. The above refund will be made by bank transfer. For this purpose, the Buyer shall notify the Vendor at This e-mail address is being protected from spambots. You need JavaScript enabled to view it his/her bank details in order to allow the Vendor to return the amount due.
8.10 In addition to the statutory warranty under this article, in some cases there can be a standard independent guarantee, given subject to additional specific conditions present in the product packaging.


9. Liability for damages due to faulty products.
9.1. As to liability for damages due to a faulty product, the Vendor refers the Buyer to the provisions of European Directive 85/374/EEC and Law Decree n. 206/2005 (Consumer Code) with respect to damages caused by the faulty product. If the products featured on the site have not been manufactured by the Vendor, the latter can be relieved of any and all liability for the damage in question, indicating the name of the product on the site.


10. Right of withdrawal.
10.1. The Buyer has in any case the right to terminate the contract without penalty and without giving any reason, within 10 (ten) working days following the date of receipt of goods purchased. Shipping and any additional duties or taxes for re-importing the product which will be retained by the Vendor, are charged solely to the Buyer.
10.1.2 In the event that the Vendor has not met the information requirements about the existence, procedures and deadlines for the return or collection of goods in case the right of withdrawal is exercised under Article. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 90 (ninety) days from the day of receipt of goods by the Buyer.
10.1.3 The Buyer may not exercise this right of withdrawal for the purchase contracts for audiovisual products and computer software which were sealed and have been opened by him/her, as well as goods made to measure or clearly customized or that, by their nature, cannot be returned or can deteriorate or alter rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is dependent on fluctuations on the financial market that the trader is unable to control and in any other case provided by Art. 55 of the Consumer Code.
10.2. The Buyer may exercise the right of withdrawal within the deadlines specified in the previous paragraph by sending a registered letter with acknowledgment of receipt to the Vendor, with which he/she declares its intention to terminate the contract,. This notice by registered mail can be anticipated with a message sent by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by fax to +39 0382-930496 provided it is confirmed by registered letter with acknowledgment of receipt within 48 hours.
10.3. For the right of withdrawal to be exercised properly, if the shipment or the delivery of the products ordered has already been made, the Buyer shall return them within 10 (ten) working days from receipt of products, delivering them or shipping them to :
27020 Trivolzio (PV), via Beri n. 24
10.4. In the case the right of withdrawal is exercised, the shipping risks and costs shall be solely and entirely charged to the Buyer, pursuant to art. 67 paragraph 3 of the Consumer Code.
10.5. For the right of withdrawal to be exercised properly, it is essential that the goods are returned undamaged to the Vendor (without signs of wear&tear, scratches, nicks, scratches, warping, etc..) and complete with their original packaging, all accessories, instructions, notes, manuals and warranty certificates. Otherwise, the Buyer is not entitled to a refund of the amount paid.
10.6. The Vendor reserves right as of now to verify that the conditions of the right of withdrawal referred to in this article have been observed and also makes sure that the conditions of the product/s delivered are those prescribed by the paragraphs above.
10.7. If the checks referred to in the previous paragraph are both positive, the Vendor will refund the Buyer of the full amount paid for the purchase of products, except of course for what specified above and for any additional costs that the Vendor itself shall bear in connection with the withdrawal such as, but not limited to, taxes, duties and customs for re-importing the product / products in the shortest possible time and in any event within 30 (thirty) days from the date on which the Vendor has become aware of the right of withdrawal.
The refund in question, will be paid by the Vendor by bank transfer and for this purpose the Buyer agrees as of now - in case of withdrawal - to send the notices referred to above with the following information: Buyer`s bank details (and if it comes to vehicles which are subject to the aforementioned discipline about the possibility to terminate the contract, chassis number and registration number). If the payment of the price of the product / products is made by credit card, that refund will be made directly by crediting the amount on the credit card used to pay the same price.

 

11. Other cases of returns.
11.1. If within the same deadline as specified in Article 10.1, the Buyer finds that the product delivered is faulty or mismatched with regard to the order and the confirmation, he/she may with the same procedures and conditions of the previous article, report it to the Vendor .
11.2. The Vendor, after making the appropriate controls, where appropriate, will invite the Buyer to return the product within 7 (seven) working days, shipping it to :
27020 Trivolzio (PV), via Beri n. 24
11.3. The product must be returned or otherwise sent to the Vendor intact, as provided above in art 10.5. Otherwise, Buyer is not entitled to any refund.
11.4. Unlike what provided for in the previous paragraph, after verifying the returned product, if the conditions exist, the Vendor will refund the Buyer for the shipping costs incurred in returning the product and it will send to him/her and no additional charge, a new product or the product actually ordered, in the shortest time possible.
11.5. The refund of expenses under this Article will be made by bank transfer. The Buyer as in the case of withdrawal, as of now undertakes to inform the Vendor of its bank account with the notification provided for by Article 11.1 for the refund under this Article. If the payment was made by credit card, the refund in question will be made directly by re-crediting of the sum referred to in this article on the credit card used by the Buyer.


12. Intellectual property.
12.1. The Buyer declares he/she is aware of the fact that all the contents of the Site are protected by the current legislation regarding intellectual property and that Moto Morini Ltd is entitled to all the corresponding rights.
12.2. All contents of the site by virtue of what above cannot even in part be reproduced, used, and / or processed without the consent of Moto Morini Ltd. or any third party holder of such rights.


13. The Buyer`s protection of privacy.
13.1. Some Buyer`s personal data are required in order to register him/her, to conclude this contract and other contracts, as described in the Site. The Buyer acknowledges and declares he/she is informed that personal data will be recorded and used by the Vendor in compliance and in respect of the applicable rules of law (Law Decree n. 196/2003 - Privacy Code), as well as the Corporate Privacy Policy (http://www.motomorinimotorcycles.eu/privacy.php) in order to comply with this Agreement and, subject to his/her consent, to any additional activity as indicated in the privacy policy provided to the Buyer through the Site when registering and / or placing an order, found at http://www.motomorinimotorcycles.eu/info_privacy . php
13.2. The Buyer declares that the data supplied to the Vendor during the registration to the website are true and correct.
13.3. The Buyer, as required by applicable law, may at any time update and / or modify his/her personal information through the relevant section of the site http://www.motomorinimotorcycles.eu/profile.php.


14. Security.
14.1. The Vendor takes security measures aiming at protecting personal information of Users of the site from counterfeiting, loss, manipulation, and their misuse by third parties. Nevertheless, because of features relating to the protection of electronic communication via Internet, the Vendor cannot guarantee that these data or the data displayed on the Site by the Buyer, are not accessible or viewable by unauthorized third parties.
14.2. The Vendor uses PayPal Company for payments by credit card. This Company adopts technology systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.


15. Force Majeure.
15.1. The Vendor shall not be considered and shall not be liable for the total or partial breach of obligations under this Agreement if such failure is caused by force majeure. By "force majeure" is meant all unforeseeable events and / or natural events outside its reasonable control, such as but not limited to, natural events, wars and similar events, power cuts, strike of workers and / or means of transport and more generally because of an act of a stranger, factum principis and natural causes.
15.2. The Vendor shall not be held responsible for delays in fulfilling the orders due to its suppliers (such as late delivery of products / components thereof or their failure to deliver.


16. Governing Law and Jurisdiction.
16.1. This agreement is governed by Italian law, according to this right it should be interpreted and eventually integrated under the provisions of that law, in particular as it regards the "consumers", this contract shall be governed and supplemented by the provision of Section II, Chapter I , Title III of Italian Law Decree n. 206/2005 (Consumer Code).
16.2. Any and all disputes relating to, or arising out of this contract fall under the jurisdiction of: a) the court of the place of residence or domicile of the Buyer, if "consumer" under the law in force; b) solely the Court of Bologna, Italy, in every other case.
16.3. The Parties agree that the application to this contract of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.


17. Language.
17.1. These General Terms for Contract are drawn up in Italian. In case of any discrepancy between the texts of any translations in different languages or of interpretation queries, the Italian text shall prevail.


18. Transfer of the contract.
18.1. Without prejudice to the cession of a branch of business or of a firm belonging to the Vendor, this contract can not be transferred, and also the rights or obligations arising from it cannot be assigned without the prior consent of the other party.


19. Validity of clauses.
19.1. All headings for the clauses used herein are to be considered as purely indicative and not binding for the effects and the interpretation of this contract.
19.2. These General Conditions shall not affect any right conferred by Italian law to the Buyer which acts as a "consumer" under the Consumer Code referred to above, or the rights guaranteed to him/her by the mandatory rules of his/her country.
19.3. If any clause or part of clause is held to be invalid under the mandatory provisions of law, all other clauses or parts thereof of these General Conditions shall continue to be in full force and effect.


20. Final Provisions.
20.1. The Buyer declares he/she has not been induced to sign this contract, due to prior verbal statements.
20.2. Any change or amendment to this contract shall be accepted in writing by both parties

20.3. This agreement supersedes all contracts, agreements and understanding between the Parties and, along with the order, contracts and information annexed hereto, the order confirmation and General Conditions relating to the use of the Site it constitutes the entire agreement between the parties regarding the subject matter of this contract.