01. Section

These Terms of Use (“Terms”) are a legally binding agreement between you (“you” or “your”) and Piaggio Group Americas, Inc., including all of its wholly owned subsidiaries (together, “PGA”, “we” or “our” ). PGA is not a dealer and does not act as one. PGA simply connects you with dealers through a dedicated website. Therefore, in the event your use of this Site results into your purchase of PGA Products, you agree that you shall look only to the PGA dealer as the only responsible party. The Terms set forth your rights and responsibilities when you use any of the tools, features, and services (collectively, the “Services”) provided through this website, including, without limitation, www.storeusa.Moto Guzzi.com, www.Moto Guzzi.com, www.piaggio.com, www.aprilia.com, wwwmotoguzzi.com (together, “Sites”) that reference or link to these Terms. These pages, their content, structure and the Services, are the property of PGA a Delaware Corporation with registered office in New York (NY), 257 Park Ave S 4th floor, New York, NY 10010.

1. Eligibility: You may only use the Services if you are at least eighteen (18) years old and possess legal capacity, in accordance with the laws of the state in which you reside. If you are accessing and using the Services on behalf of an entity, you must have the authority to agree to these Terms. If you do not have the required legal capacity or authority, or if you do not agree to abide by or be bound by these Terms and our Privacy Policy, you may not access, or use any of our Services.
   On our sites we provide tools that may help you to discover PGA scooters, electric bikes, motorbikes, accessories, and other items which may become available from time to time on our Sites (hereinafter collectively referred to as the “PGA Products”). These web based tools and services allow you to search our dealer’s inventories, and order PGA Products directly from our dealers, and other services, which may, from time to time be added.
2. Services: The Services provided hereunder connect PGA dealers to Users to facilitate the purchase and sale of PGA Products. PGA is the distributor of the products and does not sell Products to the public directly through the Sites. By accepting these Terms, you acknowledge, understand and agree that we are not the seller of any Products ordered through the Sites, but we are solely the manager of a web platform which offers primarily location services for PGA products within our dealer network.
   Through this site you can:
   • Browse and review Products from the PGA catalogs available in the US;
   • Search PGA dealers;
   • Locate and inquire about Products directly from PGA dealers;
   • Receive an estimate for the Products inclusive of sales taxes, but excluding applicable dealer’s fees, title charges, document fees, which may be applicable for the purchase of certain Products such as scooters, and motorbikes (“Bikes”);
   • Receive information from the Dealer about the request, availability, price and about the delivery process.
3. Request Process : After completing your request on the web platform, you will receive an email with all the details (“Reservation Email”) from the selected Dealer. You will have 48 hours to review your request and in case, decide to cancel it. After 48 hours from the Reservation Email, the order is confirmed, and you will receive a confirmation email (“Confirmation Email”) with additional information regarding the status of your order, and the preparation and delivery timing to pick up the Product at the selected Dealer. You may be contacted by phone by the selected Dealer in order to require you a deposit before proceeding with the preparation of the order. Payment for your order will be due in full (excluding the deposit, if requested) at the Dealership at the time of delivery of the Products. Such payment will include all additional costs charged by the Dealer such as dealer’s fees, title fees, and other applicable fees, according to the selected Dealer’s practices and schedule of fees. If, for any reason, you cancel your order after 48 hours from the Reservation Email, the selected Dealer may retain as liquidated damages an order fee in the amount of $500 per vehicle or 10% of the purchase value for accessories/merchandising, to the extent not otherwise prohibited by law. You acknowledge that the order fee is a fair and reasonable estimate of the actual damages the selected Dealer has incurred or may incur in transporting, remarketing, and reselling the vehicle or accessories/merchandising, costs which are otherwise impracticable or extremely difficult to determine. The order fee may be charged by the selected Dealer on the credit card provided on the web platform when completing a product’s request. The credit card information will only be used in accordance with our Privacy Policy.
4. Request Process – Accessory and/or Merchandise only : After completing your request on the web platform, you will receive a confirmation email (“Confirmation Email”) with all the details of your order, the preparation and delivery timing from the selected Dealer. You may be contacted by phone by the selected Dealer in order to require you a deposit before proceeding with the preparation of the order. Payment for your order will be due in full (excluding the deposit, if requested) at the Dealership at the time of delivery of the Products. Such payment will include all additional costs charged by the Dealer such as dealer’s delivery fees, and other applicable fees, according to the selected Dealer’s practices and schedule of fees. If, for any reason, you cancel your order, the selected Dealer may retain as liquidated damages an order fee in the amount of 10% of the purchase value, to the extent not otherwise prohibited by law. You acknowledge that the order fee is a fair and reasonable estimate of the actual damages the selected Dealer has incurred or may incur in transporting, remarketing, and reselling the accessories/merchandising, costs which are otherwise impracticable or extremely difficult to determine. The order fee may be charged by the selected Dealer on the credit card provided on the web platform when completing a product’s request. The credit card information will only be used in accordance with our Privacy Policy.
5. Request Process for pre-booking : After completing your request on the web platform, you will receive an email from the selected Dealer with all the details and arrival timing (“Pre-booking Reservation Email”). You will have the opportunity to review your request and, in case, decide to cancel it. Once the product is available in the market, a Moto Guzzi representative will get in contact with you to have your final reservation confirmation. After the reservation confirmation provided by you to the Moto Guzzi representative, the order is confirmed, and you will receive a confirmation email (“Pre-booking Confirmation Email”) with additional information regarding the status of your order, and the preparation and delivery timing to pick up the Product at the selected Dealer. You may be contacted by phone by the selected Dealer in order to require you a deposit before proceeding with the preparation of the order. Payment for your order will be due in full (excluding the deposit, if requested) at the Dealership at the time of delivery of the Products. Such payment will include all additional costs charged by the Dealer such as dealer’s fees, title fees, and other applicable fees, according to the selected Dealer’s practices and schedule of fees. If, for any reason, you cancel your order after the Confirmation, the selected Dealer may retain as liquidated damages an order fee in the amount of $500 per vehicle or 10% of the purchase value for accessories/merchandising, to the extent not otherwise prohibited by law. You acknowledge that the order fee is a fair and reasonable estimate of the actual damages the selected Dealer has incurred or may incur in transporting, remarketing, and reselling the vehicle or accessories/merchandising, costs which are otherwise impracticable or extremely difficult to determine. The order fee may be charged by the selected Dealer on the credit card provided on the web platform when completing a product’s request. The credit card information will only be used in accordance with our Privacy Policy.
6. Processing of information : We take your privacy concerns seriously and use all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unauthorized third parties. Nonetheless, we cannot guarantee that the information or data viewed by you on the Sites, will not be accessible or viewable by unauthorized third parties.
7. Personal Account on our Sites : We may require you to open an account by (i) providing PGA with information or (ii) using an existing social network account. You must provide PGA with accurate and complete information and keep it updated. You may not open more than one Account; PGA reserves the right to close any duplicate accounts.
   You are responsible for maintaining the confidentiality of your password and log-in details. PGA will not be responsible for any damage that is caused to you or others under your Account. Similarly, without authorization, you must not use the Account of any other person or entity.