VERGE MOTORCYCLES TERMS OF SALE – italy
You have been offered an Italian language version and an English language version of this Agreement. You hereby represent to Verge Motorcycles S.r.l. that you have expressly chosen to enter into this Agreement in English because you understand it better than the Italian language version.
These Terms of Sale, hereinafter referred to as “Agreement”, applies to your purchase of a Verge motorcycle from our website at www.vergemotorcycles.com (“Website”).
Certain additional and/or different terms apply in Estonia, Germany, Italy, Monaco and any other countries provided in Schedule A at the end of this Agreement.
By placing an order through the Website and checking the box to confirm your acceptance of this Agreement when prompted to do so, you agree to be bound by the terms of this Agreement. Please read this Agreement carefully prior to placing an order.
Verge Motorcycles S.r.l., a limited liability company, registry no. 12590990961 (“Verge”, “we”, “us”, “our”) is acting as the seller on the Website. Verge is established in Italy (“Seller’s Country”). Verge offers its products and services in the Seller’s Country.
Please find our contact information at Company Information.
You must be at least 18 years old in order to make a purchase. We sell our motorcycles directly to consumers. This Agreement is not assignable by you.
We reserve the right to unilaterally cancel your order in case of reasonable grounds, for example when this Agreement was entered into by you with an intent of commercial resale of your Verge Motorcycle. We do not deliver to all countries – you can find an up-to-date list of countries we currently ship to on our Website. If you are not a consumer or if your country is not on the list of countries we currently ship to, please contact us. Please follow the instructions on the Website to place the order in your country.
You represent and warrant that (i) you are not located in a country that is subject to any European Union (“EU”), Monaco or United States of America (“U.S.”) sanctions or government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country”; and (ii) you are not listed on any EU, Monaco or U.S. Government list of prohibited or restricted parties. We reserve the right to cancel your order and/or refuse delivery at any time upon our discretion in the event that we have reasonable grounds to suspect that you are in breach of these representations and warranties given by you.
The prices displayed on the website are inclusive of taxes but exclusive of any costs related to registration, shipping, duties, customs and other charges and fees. You will be provided with information on such additional costs, charges and fees applicable to your order prior to proceeding to the checkout phase. The final price of your order depends on the selections you make in the order procedure. Please note that any changes made after placing your order may have an effect on the price and applicable costs, charges and fees.
Verge reserves the right to adjust any prices available on the Website at any time. However, you will lock in the price of your purchase when placing a binding order on the Website in accordance with Section 4 (Order procedure and reservation fee) below.
You may be eligible for governmental incentives. Please note that we are not providing financial or tax advice to you in connection with your choice to purchase a Verge motorcycle and you acknowledge and represent that you are not relying upon the availability or non-availability of governmental incentives in making your decision to place this order.
4. ORDER PROCEDURE AND RESERVATION FEE
4.1 Placing an order
To make a valid purchase, you must accurately perform all steps in the order procedure on the Website. You must carefully provide all the requested information in order for the purchase to become valid.
When prompted, you must make choices regarding customizable options. You will be provided with a summary of your order details when placing an order, which will become an integral part of this Agreement referred to as your Order Details. The Order Details contain your choices regarding customizable options and other information about your purchase.
In addition, you are requested to select the payment option for the reservation fee and pay a reservation fee in such amount as is stated in your Order Details. The reservation fee is not a deposit. You must successfully complete the payment of the reservation fee to place a binding order. If you are purchasing a Verge motorcycle through financing via any of our third-party financing partners, additional charges may apply at this stage (please refer to Section 5 (Payment Terms) below).
You may cancel your order before the production of your motorcycle has begun. We urge you to contact us as soon as possible if you wish to cancel your order prior to its production. As a starting point, the reservation fee is non-refundable. If you cancel your order subject to a statutory right you may have as a consumer in the Seller’s Country, you will receive a full refund of the reservation fee without interest. The same applies if you exercise your right to withdrawal explained in Section 7 (Right of withdrawal).
Verge may cancel your order at any time prior to the production of your motorcycle, for example in the event that your motorcycle is not available or Verge is not able to deliver to your country due to regulatory issues or unexpected events. If Verge cancels your order, you will receive a full refund of the reservation fee (and the full purchase price if you have already paid) without interest and Verge shall inform you without delay about the cancellation.
Verge reserves all rights to choose not to enter into an Agreement with you for any valid reason under this Agreement and/or subject to applicable law, including but not limited Verge having reason to believe that you are submitting an order for commercial resale purposes. You may not place more than three (3) orders for the purchase of a motorcycle through the Website during a calendar year.
4.2 Making changes to your order
If you would like to make changes to your order prior to its production, please contact us directly at firstname.lastname@example.org. While we cannot guarantee that such changes can be made, we will strive to accommodate your request. Please note that any changes may affect the delivery time, price, applicable charges and fees, performance and/or other qualities of your motorcycle and your Order Details may be updated as a result of the change.
We will inform you via email once we are about to start the production of the motorcycle you have ordered. Once you receive this notice, you will no longer be able to make changes to your order. You will also receive the payment options, additional applicable terms and instructions for completing the payment of the purchase price (subtracted by the reservation fee) if you are purchasing the Verge motorcycle by full payment via bank transfer.
4.3 Completion and delivery of your order
The Order Details contain an estimated approximate (monthly/quarterly) time for the delivery of your order, which may be subject to change. You will be able to check the estimated time of delivery and follow the progress of your order through your Verge Club account (please refer to Section 9 (Use of the Verge Club) or by contacting us through the contact information provided above. When your motorcycle is ready to be delivered, we will agree on the more precise time and place of delivery with you. Delivery options include home delivery and pickup from one of our Verge Motorcycles flagship stores, depending on your geographical location.
We are responsible for delivering the motorcycle to you as agreed.
In order for the delivery to be completed,
- payment of the full purchase price must have been successfully completed either by you (if purchased by full payment via bank transfer) or by the third-party financier (if purchased through financing);
- as applicable, you must have a) obtained yourself; or b) provided us (or one of our affiliates) the power of attorney to obtain the registration of the motorcycle in your name and the registration must have been completed (we (or one of our affiliates) will do this for you unless explicitly agreed otherwise);
- you must have obtained yourself an insurance policy for the Verge motorcycle in your name and the insurance policy must be valid; and
- you must provide us with legitimate proof of identity upon the delivery when prompted.
At the time of delivery, title to the motorcycle is effectively transferred to you and you accept full liability for the motorcycle. Starting from the time of delivery, you accept full responsibility for all fees, payments and other charges relating to the motorcycle, including but not limited to tax, registration and insurance fees. If an unsuccessful delivery occurs due to reasons attributable to you, you have to bear the costs associated with arranging a re-delivery.
5. PAYMENT TERMS
If the Verge motorcycle is purchased by full payment via bank transfer, you will be responsible for ensuring that payment of the full purchase price for the motorcycle is successfully completed up to 90 days before the estimated delivery date according to the invoice to be sent to you. If the payment is not made in accordance with the invoice, you will forfeit your place in the queue and the delivery of your motorcycle will be delayed and may ultimately be cancelled. We will provide you with further payment details prior to start of the production of the motorcycle you have ordered, unless your motorcycle is financed through a third-party financier.
If purchased by financing, additional payment and/or financing terms by Verge or a third party may apply which you will be notified of prior to the start of the production of the motorcycle you have ordered.
We may cancel your purchase at any time if we notice that there is an issue with your payment of the reservation fee and/or the purchase price, and the issue is not remedied by you without delay upon receiving a notice regarding the same.
6. REGISTERING AND INSURING YOUR MOTORCYCLE
Prior to the delivery of your motorcycle, we (or one of our affiliates) will complete the steps to register the motorcycle in your name in the Seller’s Country, unless otherwise explicitly agreed. For this purpose, it is important that you keep us updated on your personal information at all times.
In order to register the motorcycle in your name, you shall select the insurance provider yourself and obtain the insurance policy on your own at your choice. The insurance must be valid in order for us (or one of our affiliates) to register the motorcycle in your name.
7. RIGHT OF WITHDRAWAL
If you are a consumer residing in the EU or Monaco, the following will apply to your purchase through the Website.
For consumers residing in Germany: Please refer to Appendix 1 instead of this Section 7 (right of withdrawal).
If you are a consumer residing in the EU or Monaco, you have the right to withdraw from this Agreement within fourteen (14) days from the date your purchase was delivered. You have the right to inspect the purchase to establish its nature, characteristics and functioning, however, subject to the following:
- If you ride the motorcycle more than fifty (50) kilometers and thereafter withdraw from this Agreement and return the motorcycle, you will be charged EUR 1,00 for each additional kilometer ridden beyond this limit.
- Upon your withdrawal from this Agreement and returning the motorcycle, we reserve the right to inspect the motorcycle. Subject to your legal rights, if any damage is caused to the motorcycle, for example due to stains, dirt, scratches, wearing off, or any other signs of use or lack of documentation or parts, the decrease in the value will be deducted from the purchase price refunded to you.
Please contact us at email@example.com within fourteen (14) days from the date your purchase was delivered to make a valid withdrawal request and to receive further information on shipping options. In order to submit the withdrawal request, you may but are not required to use the withdrawal form (see Appendix 2). Once you have submitted your withdrawal request, you must return the motorcycle to us within fourteen (14) days from receiving the further instructions from us. Please note that shipping, duties, customs and related charges and fees as well as charges arising from de-registration may be applicable and shall be borne by you.
Upon the successful return of the motorcycle (including any and all documentation, add-ons and accessories), and successful release of VIN number with the registration authority in your country, we will refund you the full purchase price, less deductions due to decrease in the value of the motorcycle and other charges and fees as described above, as applicable. We will refund you the purchase price using the same payment method as you used to complete the purchase. We will not reimburse you for any insurance or registration fees you paid in relation the registration and use of the motorcycle.
Furthermore, additional charges may apply to your withdrawal from this Agreement in the event that you have used third-party financing as the payment method to purchase the motorcycle or if we are required to return to a government or any third party any governmental incentives or relating charges or fees related to your purchase. You are responsible for ensuring that upon using you right of withdrawal, the motorcycle is returned to us free from pledges and securities.
8. USE OF THE VERGE SYSTEM
9. USE OF THE VERGE CLUB
In order to enjoy all the benefits from your purchase, including enhanced customer support, perks and additional service options, please join the Verge Club by creating an account on the Website or through the link provided in the confirmation email sent to you for your purchase and accept the Verge Club Terms of Service. The Verge Club provides you access to additional offerings via the Website and the Verge mobile application (“Verge App”) which cannot be obtained without a Verge Club account.
10. USER MANUAL
Please read the user manual carefully prior to operating your Verge motorcycle. We may update the user manual from time-to-time, e.g., due to new functionalities being introduced. We will notify you of such updates. You can also access the user manual through your Verge Club account on our Website.
Please refer to the full warranty terms at: Warranty Terms.
In order to activate the warranty on your Verge Club account and to get the possibility to access enhanced customer support, you must register the warranty in your Verge Club account after the motorcycle has been delivered to you. Please log in to your Verge Club account and under the subpage “Warranty”, submit the VIN number to your motorcycle when prompted.
For the avoidance of doubt, the warranty does not cover any software nor any other products or services not included in the original delivery of your purchase.
12. MAINTENANCE AND UPDATES
The maintenance program for your Verge motorcycle can be found in the user manual. We recommend that you follow this maintenance program including but not limited to conducting inspections on your motorcycle once per year.
Verge may from time to time provide or make available updates. The user manual contains important information on updates which may be provided to you from time-to-time either during maintenance or inspection of your motorcycle or over-the-air (“OTA”) (subject to availability in your country). As Verge and its service providers may provide some or all updates through the OTA process using your motorcycle’s wireless communication technology, you hereby consent to the use of OTA technology to deliver updates. You are solely responsible for downloading and installing mandatory updates as instructed by Verge and acknowledge that Verge will not be liable for any issues in the motorcycle arising from your failure to install any mandatory updates. Some functionalities or features may not work or may become disabled in the event that you fail to install the updates. We will provide updates for at least as long as mandated by the applicable laws. After such period of time, we may choose to discontinue the provision of updates.
13. TRANSFERRING OWNERSHIP OF YOUR MOTORCYCLE
Upon gifting or selling your motorcycle to a new owner, you are responsible for releasing the motorcycle VIN number in your Verge Club account and with the registration authority in your country to the new owner.
14. LIMITATION OF LIABILITY
Neither Verge nor its suppliers shall be responsible for any indirect, incidental, special or consequential loss or damages or loss of profit to you relating to this Agreement. The aforementioned does not apply to damage or loss caused by negligence of Verge or its employees or suppliers.
Nothing in this Agreement will limit your rights or exclude our liability for any legal responsibility that cannot be limited or excluded by applicable mandatory law.
15. FORCE MAJEURE EVENT
In the situation of a force majeure event preventing a party (“affected party”) from meeting its obligations under the Agreement, including, without limitation, external events that cannot be averted even by the exercise of the utmost diligence reasonably to be expected, that is not attributable to the operational sphere of either party (e.g. natural disasters, pandemics, war or government restrictions), neither party shall be obligated to compensate the other party for any damages or costs caused due to the nonperformance by the affected party.
We are constantly developing and updating our products and services in order to provide you with the best possible experience. You understand and agree that the products and services, their design and technical features are currently under further development and that the product or service that may be available for delivery to you may be materially different from any prototypes and pre-production products and/or demo services. Images on the Website are provided for illustrative purposes only.
Verge disclaims any and all warranties, whether express or implied, with respect to anything provided under this Agreement, other than as expressly agreed hereunder.
You acknowledge and accept that you will be solely responsible for the use of the motorcycle purchased from us in accordance with this Agreement, the user manual, other instructions and notices provided by us form time-to-time as well as all applicable laws and regulations applicable to you.
You will not, directly or indirectly, purchase, export or re-export the motorcycle to any jurisdiction or country to which such purchase, export or re-export is prohibited by any US, Monaco or EU law, rule or regulation.
If a court of competent jurisdiction determines that any provision of this Agreement is unenforceable, the remainder of this Agreement will remain in full force and effect and the unenforceable provision will be deemed to be amended to the extent necessary.
We may assign this Agreement at our discretion to one of our affiliated entities. In this case, you are entitled to terminate the Agreement at any time with immediate effect.
18. APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the Seller’s Country, without regard to the principles of conflicts of law of any jurisdiction. Nothing in this Agreement will limit your rights as a consumer that cannot be limited or excluded by applicable mandatory law.
Any dispute concerning this Agreement may be dealt with by the non-exclusive jurisdiction of the court determined by the laws governing this Agreement.
If you are a consumer residing in a member state within the EU to which Verge provides its products and services or in Monaco, you may bring any dispute concerning this Agreement to the courts of the place where you live. In addition, alternative dispute resolution mechanisms may be available for such consumers. You can access the European Commission’s online platform for online dispute resolution here: http://ec.europa.eu/consumers/odr/.
19. QUESTIONS REGARDING THIS AGREEMENT
If you have any questions regarding this Agreement, do not hesitate to contact us through the contact details provided above.
Country or state specific provisions
In addition to the terms set forth in this Agreement, the country or state specific provisions that are applicable to you as set forth in this Schedule A will be included in, form a part of this Agreement and modify your Agreement to the extent set forth in this Schedule A.
ESTONIA: Customers who are consumers accept the conclusion of the Motorcycle sales agreement and the information thereto to be provided in English.
GERMANY: For consumers residing in Germany: Please refer to the below instead of Section 14 of the Agreement (Limitation of liability): In the event of a breach of duty – based on whatever legal grounds – Verge is responsible for willful intent or gross negligence. In the event of simple negligence, Verge is only liable (i) for damage based on injury to life, limb or health, and (ii) for damage based on a breach of a material contractual obligation (obligation whose performance makes the proper execution of the Agreement possible in the first place and on the performance of which the other party usually relies and may rely); in this case, however, liability is limited to compensation for foreseeable damage which typically occurs. The limitations of liability also apply to breaches of duty by legal representatives of Verge and of persons whom Verge uses to perform its obligation. The above limitations of liability do not apply where Verge has fraudulently concealed a defect or assumed a guarantee for the quality of the item. The provisions of the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG) are not affected hereby.
ITALY: Clauses subject to specific approval under Art. 1341 and 1342 of the Italian Civil Code: For consumers residing in Italy: Pursuant to Articles 1341 and 1342 of the Italian Civil Code, you accept and expressly agree the following clauses: 2 (“Eligibility”), 4.1. (“Placing an order”), 4.3. (“Completion and delivery of your order”), 6 (“Registering and insuring your motorcycle”), 7 (“Right to cancel your purchase as a consumer”) and 14 (“Limitation of liability”).
MONACO: For consumers residing in Monaco: With reference to Section 11 (Warranty) above, if you are a Monegasque resident at the time of the sale, you benefit from the legal guarantees provided by articles 1444 and following of the Monegasque civil code such as the legal guarantee of conformity and the legal guarantee against hidden defects.
Right of withdrawal for consumers residing in Germany
If you are a consumer (Sec. 13 German Civil Code) residing in Germany, the following will apply to your purchase through the Website:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you or a third person, who is not the carrier, have taken possession of the goods.
To exercise the right of withdrawal, you must inform us, Verge Motorcycles GmbH (Please find our contact information at Company Information) of your decision to withdraw from this contract by a clear declaration (for example, a letter sent by post or an e-mail). You may use the attached model withdrawal form (see Appendix 2), but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods, without undue delay and in any event not later than 14 days from the day on which you communicate to us your withdrawal from this contract, to us . The deadline is met if you send back the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 500. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
Model withdrawal form
(Complete and return this form if you wish to withdraw from the contract.)
– To Verge Motorcycles S.R.L. (Please find our contact information at Company Information)
– I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service
– Ordered on (*)/received on (*)
– Name of customer(s)
– Address of customer(s)
– Signature of customer(s) (only if this form is sent as a hard copy)
(*) Delete as appropriate.