Terms and conditions for on-line reservation

1. Introduction

(i) The possibility to reserve online MV Agusta motorcycles listed at mvagusta.com (from here on, the “website”),  for the purpose of the subsequent purchase at an authorized MV Agusta Dealer (from here on, “the Dealer”), it is governed by these general conditions (from here on, “General conditions”).

(ii) These General Conditions – and any possible future modification – apply to the service of online reservation for MV Agusta motorcycle executed from any mobile device or e-mail. 

(ii) Accessing the Website (also from mobile devices), browsing it, using and/or executing any available feature and/or putting a reservation, the Customer declares to have read, understood and accepted these General Conditions and website Privacy Notice.

(iii) The Website pages, their content, layout, structure and the reservation service (including the payment service) are exclusive property and are managed and offered bu MV Agusta Motor SpA.

 

2. Reservation

(i) The Reservation Contract for MV Agusta motorcycle is concluded between MV Agusta Motor S.p.A., having its registered office in Italy, Varese, Loc. Schiranna, Via G. Macchi 144, C.F. e P.IVA 02324190129, iscritta al Registro delle Imprese di Varese REA VA-247420, PEC: mvagusta@pec.it (from here on, “MV Agusta”) and the Customer and must be considered concluded and effective when the following conditions are met:

1. Acceptation from MV Agusta of the Reservation Order subscribed by the Customer; and

2. Collection from MV Agusta of the sum of € 100,00 (one hundred/00), as a cost for the management of the booking service of the requested motorcycle by MV Agusta (from here on, “Service Fee”), paid by the customer via Credit Card, as specified in the Paragraph 4 of these General Conditions.

(ii) In case of missing subscription by the Customer of the Reservation Order, the Order itself will still be considered valid but will not have any effect on MV Agusta which, therefore, will ask the Customer via e-mail for the subscription and the re-forwarding of the Reservation Order

(iii) The acceptance of MV Agusta is tacit, unless otherwise communicated in writing by MV Agusta. 

(iv) By placing a Reservation Order, the Customer acknowledges having read and understood all the information relating to the Reservation procedure for MV Agusta motorcycles, and to fully accept the General Conditions.

 

3. Reservation methods and effects

(i) The Customer can reserve now of the motorcycles listed in the electronic catalog shown in the Website at the moment of filling the Order Form, as described in the relevant information sheets, as described in the relevant information sheets, without prejudice, in any case, to the limitations provided for in some countries (by way of example but not limited to: non-homologable models, restrictions on imports, embargoes, etc ...).

IMPORTANT NOTICE: the availability of MV Agusta motorcycles is limited by existing stocks and MV Agusta production plans and stand as condition for the validity of the Reservation made by the Customer. In the event of exhaustion - even temporarily - of stocks, MV Agusta has the right to refuse the customer's Reservation Order by formal e-mail communication, in which there might be highlighted to the Customer the motorcycles that may be available of an amount equal to or greater than the one booked as alternative. Except in the event that the Customer requests to book a different motorcycle to replace the exhausted one, MV Agusta will reimburse the Customer for the Service Fee as soon as possible and in any case no later than 14 days from the date the Reservation has been canceled.

(ii) The receipt of the incoming Reservation will be confirmed by MV Agusta via e-mail to the final customer. This confirmation message re-proposes all the data entered by the Customer when completing and sending the MV Agusta motorcycle Reservation, including date, time and “Reservation ID” to be used for any following communication with MV Agusta. The Customer undertakes to verify the completeness and correctness of the data entered in the booking order and to promptly communicate any corrections to MV Agusta.

(iii) With the acceptance of MV Agusta of the Customer's booking order and the collection of the Commission, the Customer establishes a direct contractual relationship with MV Agusta (binding in legal terms) which gives the Customer the right of first refusal to purchase the reserved motorcycle. This is meant to be exercised when completing the motorcycle purchase order at the nearest Dealer or in any case the best identified by MV Agusta. From the moment of the aforementioned contractual relationship, MV Agusta will be and will operate exclusively as an intermediary between the Customer and the Dealership where the Customer can complete the purchase and organize the collection of the reserved motorcycle. È e sarà onere e cura di MV Agusta comunicare alla Concessionaria i dettagli della prenotazione del Cliente. 

IMPORTANT NOTICE: MV Agusta declares and guarantees that the Commission paid by the Customer for booking the MV Agusta motorcycle will be deducted from the retail price that the Customer will pay to the Dealer when purchasing the reserved motorcycle.

(iv) Once the online booking procedure is completed, the Customer will print or save an electronic copy of the booking and, in any case, keep these General Conditions, in compliance with the provisions of Legislative Decree no. 206/2005, and subsequent amendments, on the sale of goods or services at a distance. 

 

4. Payment methods for the Reservation Fee

Credit Card

(i) The payment method accepts operational cards on the MasterCard, Maestro and Visa circuits; Visa Electron and American Express are excluded. In the case of a booking order with a Credit Card payment method, the monetary transaction will be authorized at the time of the booking order.

(ii) In case of cancellation of the booking order, both by the Customer and for non-acceptance of the same by MV Agusta, the latter will simultaneously request the cancellation of the monetary transaction. The timing of cancellation of the monetary transaction, and the crediting of the sums to the Customer's Credit Card, vary according to the type of Credit Card and depend exclusively on the banking system. Once the monetary transaction has been canceled, in no case can MV Agusta be held responsible for any damage, direct or indirect, caused to the Customer by the delayed or failed reimbursement by the banking system.

(iii) MV Agusta reserves the right to ask the Customer for any additional information or documents proving the ownership of the Credit Card. In the absence of such information or supplementary documentation, MV Agusta will have the right not to accept the booking order.

(iv) MV Agusta declares and warrants that it will not be able to store the information relating to the Customer's Credit Card, which will be transmitted through the secure connection directly to the site of the credit or banking institution that will manage the monetary transaction. No computer or digital archive of MV Agusta will keep this data. MV Agusta cannot therefore be held responsible for any use of the Credit Card by third parties, when paying the cost of booking the motorcycle.

IMPORTANT NOTICE: if the payment is made by the customer by credit card, the beneficiary that will be displayed on the customer's credit card statement will be MV Agusta.

IMPORTANT NOTICE: in the event of fraud or unauthorized use of the credit card by third parties, most banks and credit card companies accept responsibility for the risk and cover all charges resulting from such fraud or unauthorized use. However, this could result in the Customer's Credit Card being charged an amount usually corresponding to € 50 (fifty / 00 Euro), or the equivalent in the Customer's currency.

PayPal and GooglePay

(i) By selecting the type of payment PayPal or GooglePay, the Customer will be redirected to a page on the PayPal or GooglePay site where he will enter his email address and password and make the payment for the reservation. The customer's financial data will not be shared with MV Agusta but will be managed directly by PayPal or GooglePay. MV Agusta only accepts verified PayPal or GooglePay accounts. MV Agusta invites its customers to connect to the PayPal or GooglePay site for the verification of their account.

 

5. Fatturazione

(i) During the booking process of the MV Agusta motorcycle, the Customer must request MV Agusta to issue the tax invoice. In this case MV Agusta will send the invoice to the Customer's e-mail address indicated during the registration phase. For the purposes of issuing the invoice, the information provided by the Customer at the time of the booking order for the MV Agusta motorcycle is authentic. After the invoice is issued, it will not be possible to modify the data indicated, therefore MV Agusta invites the Customer to carefully check the data entered before proceeding with the sending of the booking order.

(ii) If the Customer does not request the issuance of the invoice together with the insertion of the booking order, the invoice cannot in any case be issued retrospectively. The booking system of MV Agusta, being a service provided online, does not require the issuance of the invoice (nor of the receipt or of the tax receipt) to a consumer (not a VAT number holder), according to art. 22 of the Decree of the President of the Republic of 10/26/1972 n. 633 and article 2, letter oo) of Presidential Decree 21 December 1996, n. 696 (as confirmed by Resolution no. 274 / E of 5 November 2009). If the issuance of the invoice is not requested by the Customer, MV Agusta will in any case send the Customer to the e-mail address indicated during registration, a purchase receipt, without tax validity, useful only for assistance or warranty purposes.

 

6. Correctness, completeness and transparency of information

Technical information and pictures

(i) MV Agusta declares and guarantees that the information and images relating to MV Agusta motorcycles published on the Site are correct, complete and transparent. It is understood that the image accompanying the description of each MV Agusta motorcycle is not representative of all its technical characteristics. All information relating to MV Agusta motorcycles on the Site is to support the Customer to make the booking order and, therefore, is to be understood as simple information material representative, in any case, of the generic characteristics of MV Agusta motorcycles.

MV Agusta motorcycle pricelists

(i) The prices of MV Agusta motorcycles published on the Site are the retail prices valid and applied exclusively by the Dealers in Italy.

IMPORTANT NOTICE: Before making the booking order and paying the Commission, MV Agusta invites its Customers to inquire about the retail price of MV Agusta motorcycles valid and practiced in the country where the Dealer is located at the Customer will proceed with the purchase of the motorcycle.

(ii) The quantity of information published on the Site could lead to any risk of error on the price referring to a MV Agusta motorcycle other than the actual one. MV Agusta therefore reserves the widest faculty to suspend the booking order in case of incorrect publication of the price of the motorcycles. MV Agusta Customer Service will promptly notify the Customer and instruct him with the correct information. In the event of non-acceptance or cancellation of the booking order, MV Agusta guarantees the timely communication of information to the Customer, refunding the Commission already paid in the shortest possible time and, in any case, no later than 14 (fourteen) calendar days from the aforementioned communication by MV Agusta, in compliance with the provisions of Legislative Decree no. 206/2005, and subsequent amendments, on the sale of goods or services at a distance.

 

7. Right of withdrawal

(i) Pursuant to articles 52 and ss. of Legislative Decree 206/2005, if the Customer is a consumer (i.e. a physic person who purchases the booking service of MV Agusta motorcycles for purposes not related to his professional activity), he has the right to withdraw from the MV Agusta motorcycle Reservation contract for any reason, without the need to provide explanations and without any penalty, except as indicated in the following point (ii) of this paragraph.

(ii) The right of withdrawal can be exercised by the Customer by sending an e-mail addressed to onlineorder@mvagusta.com within 14 (fourteen) days starting from the date of receipt of the MV Agusta confirmation e-mail sent to the e-mail address communicated by the Customer. In the e-mail, the Customer must fill in the "Booking ID" which will be indicated in the MV Agusta e-mail confirming the booking order and must declare:

“with this communication the undersigned withdraws from the booking of the MV Agusta motorcycle, Reservation ID __, dated __ / __ / __ /”.

(iii) MV Agusta will reimburse the Customer the full amount of the Commission already paid within and no later than 14 (fourteen) calendar days from the receipt of the notice of withdrawal, by reversing the amount charged to the Credit Card or via PayPal or GooglePay.

 

8. Disclaimer

(i) Without prejudice to the limitations and clarifications indicated in these General Conditions and as far as permitted by law, MV Agusta will be held liable only and only to the extent of the direct and immediate damages actually suffered and paid by the Customer, due to failure to comply by MV Agusta of the obligations deriving from the booking contract stipulated with the Customer himself. The compensation for any damages, therefore, may go up to the maximum amount of the Commission paid by the Customer for the purpose of booking the MV Agusta motorcycle.

(ii) In any case, and to the extent permitted by law, neither MV Agusta nor any of the Dealers, nor its employees, managers, employees, representatives, branches, affiliated companies, affiliated partners, license holders, agents or persons involved in the production , in the sponsorship, promotion or disclosure of the Site and its contents, will be held liable for (i) indirect or consequential losses or damages, production, profit, income or contract losses, injuries or damage to a good name and the reputation, loss of the Customer's right (ii) for inadequate information (including descriptive) of the Site (iii) for the services provided or products offered by the Concessionaires or other commercial partners and (iv) for damages (direct, indirect, consequential or punitive), the losses or costs suffered or paid suffered by the Customer due to the inability to use or the slowness of the Site but consequent or connected to its use.

 

9. Privacy

MV Agusta Motor S.p.A., with registered office in Italy, Varese, Loc. Schiranna, Via G. Macchi 144, C.F. and VAT number 02324190129, registered in the Varese Company Register REA VA-247420, PEC: mvagusta@pec.it, processes the data relating to the provision of the booking service for MV Agusta motorcycles as an independent data controller. We invite you to view the privacy information accessible from the footer of the Site.

 

10. Complaints

For any information, or in the event of a complaint, the Customer can contact the MV Agusta Customer Service directly on +39 0332 254443 or write directly to MV Agusta by sending an e-mail to: info@mvagusta.com. or to the PEC address: mvagusta@pec.it.

 

11. Applicable Law

(i) The booking contract for the MV Agusta motorcycle between the Customer and MV Agusta is concluded in Italy and is governed by Italian law. The solution of any dispute deriving from the conclusion of the booking contract for the MV Agusta motorcycle, if the customer is a consumer, the territorial jurisdiction is that of the reference hole of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Varese Court.

(ii) These General Conditions may be modified from time to time, also in the face of changes in the reference legislation. The new General Conditions will be effective with regard to the booking contracts for MV Agusta motorcycles entered into from the date of their publication and acceptance by the Customer.

(iii) Pursuant to and for the purposes of Legislative Decree no. 130 of 6 August 2015, containing provisions for the implementation of Directive 2013/11 / EU on alternative consumer dispute resolution, we communicate the existence of an alternative online dispute resolution platform accessible from the link below: 

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage