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Terms of Sale

Effective August 06, 2019.

1. Scope & Application

1.1 Terms

These Terms of Sale (these “Terms”) and our privacy policy located at www.piaggiofastforward.com/privacy (the “Privacy Policy”) apply to all sales and offers to sell by Piaggio Fast Forward, Inc., a Delaware corporation (“PFF”, “we”, “us” or “our”), with its headquarters at 52 Roland Street, Boston, Massachusetts, of the products purchased by you, which may include, without limitation, the gita hands-free carrier (“gita”) and any other add-ons or accessories (collectively, the “Products”) through the web page located at mygita.com (the “Site”). References to “you” or “your” mean the purchaser of any Product. By accepting these Terms or using any Product, you represent that you have read and consent to the Privacy Policy in addition to these Terms.

1.2 Changes

The Site and our business may change from time to time. As a result, at times it may be necessary for us to make changes to these Terms. Please review these Terms periodically, and especially before you order any Products on the Site. These Terms were last updated on the date indicated above. We reserve the right to update or modify these Terms at any time and from time to time without prior notice, and such changes shall apply to your purchase transaction if you place such order after the date of last modification indicated above.

2. PURCHASES ARE FINAL

ALL PURCHASES ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE APPLICABLE CANCELLATION POLICY AND EXCHANGE AND REFUND POLICY AS STATED HEREIN.

3. Offer, Acknowledgment and Acceptance; Cancellation Policy

3.1 Prices, Quotations, Descriptions

Any prices, quotations and descriptions made or referred to on the Site with respect to Products are subject to availability, do not constitute an offer to sell, and may be withdrawn or revised at any time prior to Acceptance (as defined below).

3.2 Rejection of Orders

While we make every effort to ensure that Products appearing on the Site are available, we cannot guarantee that all Products are in stock, immediately available, or available for distribution or delivery in all parts of the Territory (as defined below) when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it for any reason. If this is the case, we will refund any prior payment that you have made for that Product.

3.3 Acceptance of Orders

An order submitted by you through the Site constitutes an offer by you to us to purchase any Product on these Terms and is subject to our subsequent acceptance. Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order. Our acceptance of your order takes effect upon our charging your credit card or accepting any other payment for the applicable Product (“Acceptance”).

3.4 Cancellation Policy

We may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion and, in such event, we will issue you a refund. You may not modify or cancel your order without our prior written consent; except that you are permitted to cancel any “pre-order” of a Product (as specifically identified on the Site) only if you have not received the Product within forty-five (45) days of placing your pre-order and the Product is not scheduled to ship at such time. You may cancel your pre-order as set forth above and request a refund by contacting us at Piaggio Fast Forward, 52 Roland Street, Boston, MA 02129. Upon such cancellation, we will refund the amount paid by you for the cancelled Product (excluding any shipment, taxes or other ancillary costs or fees).

4. Price and Terms of Payment

4.1 Prices

Prices payable for Products are those in effect at the time of Acceptance, unless otherwise expressly agreed. Prices may be indicated on the Site or in an order acknowledgement, but the authoritative price in the event of any discrepancy, is the price that is communicated to you on our Acceptance.

4.2 Revisions

We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including, without limitation, costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in the Product descriptions or errors in pricing prior to the Product shipping. In such event, if you choose to continue with fulfillment of your order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.

4.3 Territory

We can currently deliver Products only to locations inside the Continental United States (the “Territory”).

4.4 Shipping and Taxes

Unless otherwise specified, prices quoted are (a) inclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory and (b) exclusive of any taxes or duties which (where applicable) must be added to the price payable. You agree to pay for all taxes, shipping or carriage of Products as such costs are specified by us on the Site when you submit your order.

4.5 Payment Information; Sufficient Funds

The Site will indicate whether any payment installation plans (“Installation Plans”) are available for your use and participation. If you select an Installation Plan from the Site, you may be required to provide additional information and be subject to additional terms and conditions on the Site or on a third-party website associated with the administration of the Installation Plan. You shall provide your payment information at the time of purchase through the Site. You must have sufficient funds or credit available upon Acceptance to ensure that the purchase price (or installation payment) will be collectible at the time of purchase and at the time that any such installation payment is due. You authorize us and our third-party payment processors to charge credit or debit cards upon Acceptance and prior to shipment of any Product. We reserve the right to verify credit or debit card payments prior to Acceptance. Payment processing on the Site, and Installment Plans made available via the Site, are powered by our third-party payment processor(s) and vendor(s). We are not responsible for the performance of any third-party payment processor or vendor. We reserve the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

5. Delivery and Risk

5.1 Time Frames

Any delivery time frames or dates specified on the Site, in any order acknowledgement, e-mail communications from us to you or elsewhere, are not a promise to fulfill the pre-order by such dates, but are merely estimates of when we hope to fulfill the order.

5.2 Delivery Address

Delivery will be to a valid address within the Territory submitted by you and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement we provide and notify us immediately of any errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.

5.3 Short Deliveries

Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you will not be entitled to reject any Product, in whole or in part, by reason of PFF fulfilling or shipping part, but not all, of a delivery (a “Short Delivery”) and will pay in full notwithstanding any Short Delivery unless you notify us in writing of any claim within five (5) days of the latter of the date of receipt of the relevant invoice or delivery of any Product, whereupon you shall pay for the quantity actually delivered.

5.4 Risk of Loss

Except as otherwise provided in these Terms, risk of loss of or damage to Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever will occur first.

6. Limited Warranty

6.1 Limited Warranty

PFF warrants that, subject to the exclusions and limitations set out below, any gita purchased by you will be free of defects in materials and workmanship when used normally in accordance with our published guidelines until the earlier of the date on which such gita reaches a total of 1,000 miles traveled or 12 months from the date you receive such gita (the “Warranty Period”). Our published guidelines include, but are not limited to, information included on the Site, including these Terms and in any user manuals supplied by us to you. In the event that the gita fails to meet the warranty standard to our reasonable satisfaction, we will within a commercially reasonable time, free of charge, either repair or replace the gita as described below. To the extent that any Software (as defined below) contains any defects, you may contact PFF via the Site to obtain Software support.

6.2 Territory of Warranty

The limited warranty described in Section 6.1 (“Warranty”) is only valid and enforceable in the Territory. Any implied warranties applicable under state law or the laws of the Territory will be limited to the Warranty Period. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights that vary by state.

6.3 Making a Claim Under the Warranty

If you wish to make a warranty claim, please contact us at Piaggio Fast Forward, 52 Roland Street, Boston, MA 02129 or support@mygita.com. Please have the serial number of your gita ready. We will advise you of the process involved in making a claim. Any claim under the Warranty is subject to you notifying us of the alleged defect within a reasonable time of it coming to your attention and, in any case, by no later than the expiration of the Warranty Period.

6.4 Remedy

If a claim is received within the Warranty Period and your gita is found to have failed under the Warranty, we will, at our sole option: repair the gita; or exchange the gita with one that is new or that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original gita.

6.5 Warranty of Repairs

As far as applicable laws permit, the Warranty Period will not be extended or renewed or otherwise affected due to subsequent exchange, resale, repair or replacement of your gita. However, part(s) repaired or replaced during the Warranty Period will be warranted for the longer of the remainder of the original Warranty Period or ninety (90) days from the date of repair or replacement.

6.6 Replacement Parts

A replacement or repaired gita, as applicable, will be returned to you as soon as commercially practicable. All parts of the gita or other equipment that we replace will become our property. If your gita is found not to be covered by this Warranty, we reserve the right to charge a handling fee. When repairing or replacing such gita, we may use products or parts that are new, equivalent to new or reconditioned.

6.7 What Is Not Covered

Unless agreed in writing, the Warranty will not apply if the defect(s) are related to: normal wear and tear (including, without limitation, wear and tear of batteries), defects caused by rough or inappropriate handling or use or damage caused by accident, misuse, neglect, fire, water, lightning or other acts of nature, the fact that the battery has been short-circuited, if the seals of the battery enclosure or the cells are broken or show evidence of tampering or if the battery has been used in equipment other than those for which it has been specified, non-compliance with the gita instructions, user manual, safety warnings, and other instructions provided by PFF, willful or deliberate damage, neglect or negligence, use of spare parts or other replacement items (including consumables) that are not provided or recommended by us, any alteration or modification to your gita (including any modification to any Software), which has been carried out by you or a third party not authorized by us, any failure to adequately package your gita for transportation, or extreme or external causes beyond our reasonable control.

6.8 Warranty Invalid

The Warranty will be invalid if the gita’s serial number has been removed, erased, defaced, altered or is illegible in any way (as determined in our sole discretion), or you are in breach of the terms of the Warranty, the Terms or any other agreement with us, or any party other than PFF performs, attempts to perform or causes any of the actions listed in Section 6.7 (b), (c), (e), (f), (g), or (h).

6.9 Sole Remedy

The Warranty is your sole and exclusive remedy against us and our sole and exclusive liability with respect to defects in the gita. The Warranty replaces all other warranties and liabilities with respect to defect in the gita, whether oral, written, (non-mandatory) statutory, contractual, in tort or otherwise, including, without limitation, and where permitted by applicable law, any implied conditions, warranties or other terms as to satisfactory quality or fitness for purpose. However, this Warranty will neither exclude nor limit any of your statutory rights under the applicable national laws, or other rights extended to you pursuant to our Exchange and Refund Policy (as defined below).

7. Exchange and Refund Policy.

7.1 Exchange and Refund Policy

Except as set forth below in our Exchange and Refund Policy (as defined below) and subject to any rights you have under the Warranty or under applicable law that cannot be excluded or limited by these Terms, you will not be entitled to reject any Product, except for damage to or loss of a Product or any part thereof in transit where the damaged Product, or any part thereof, is carried by our own transport or by a carrier on our behalf, provided that you provide written notification to us at Piaggio Fast Forward, 52 Roland Street, Boston, MA 02129 within five (5) business days of receipt of such Product (our “Exchange and Refund Policy”).

7.2 Pick-Up and Return

In the event of damage to or loss of the Product described in Section 7.1 above, after receiving notice from you, we will arrange for pick-up and return of any damaged Product (which must include all original packaging, hardware, accessories, materials, and documentation) at our sole expense. We may, in our sole discretion and at our option, replace or repair the Product upon receipt of such Product from you. Upon receipt by us of the damaged Product and verification of the damage, we will ship out to you a replacement or repaired Product as soon as reasonably possible.

7.3 Rights Void

Your rights of repair or replacement of any Products under our Exchange and Refund Policy will in all cases be negated or rendered void where such Products have not been returned in accordance with the requirements of Section 7.1 and Section 7.2.

8. Software

8.1 General

In the event that the Product supplied includes any software (the “Supplied Software”), the Supplied Software is licensed by us to you as set forth below. Certain other software may be downloaded, including updates to the Supplied Software, and used in connection with the Product (the “Downloadable Software”, and together with the Supplied Software, the “Software”). If the Product works with Downloaded Software, we will provide instructions to you for how to download the Downloadable Software and/or make such instructions available to you via the Site. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing and downloading the Software.

8.2 License of Supplied Software

(a) Right to Use. The Software is provided in object code only and PFF hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use the Software, in object code form only, in connection with your use of the Product, solely in accordance with the documentation and instructions provided by us to you or that is available on our Site, and solely for the purposes of operating the Product as the Product is intended to be operated. Any Downloadable Software may have additional terms or limitations.


(b) Restrictions. You will not (and will not permit any third party to) license, sublicense, rent, sell, lease or otherwise transfer the Software or any part or component thereof, or otherwise use the Software for the benefit of a third party, or alter, reverse engineer, decompile or disassemble the Software or any part or component thereof, or otherwise attempt to discover or derive any source code underlying the Software.


(c) Duration. The license set forth in Section 8.2(a) will continue so long as you use the Software in compliance with these Terms. Should you breach any of your obligations, the license set forth in Section 8.2(a) shall automatically immediately terminate.


(d) Title. Subject only to the rights expressly granted to you under these Terms, we and our licensors retain all proprietary rights and title (including without limitation all intellectual property rights) to the Software and any modifications, improvements, enhancements or updates thereto, and no ownership of any part of the Software is hereby, or shall be, transferred to you.


(e) Export Control. The Software may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations.


(f) Restricted Rights. Any use of the Software by the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is PFF.


9. Data Collection

PFF reserves the right to collect gita Data (as defined below) from the gita and your use of the gita, for any PFF business purpose. You hereby grant PFF a royalty-free, non-exclusive, perpetual, irrevocable, worldwide, sublicenseable (through multiple tiers), and fully transferable right and license to collect, store, use, copy, analyze, create derivative works from, display, and perform the gita Data. PFF’s uses of the gita Data may include, but are not limited to, supporting you and your use of any Products, analyzing gita Data and creating, using, and disclosing aggregated and/or de-identified gita Data, internally helping improve products and/or services of PFF, marketing to you and to third parties, and otherwise making available, enhancing, operating, developing, and exploiting the Products. “gita Data” shall mean any data or information about the gita or its operating conditions, including but not limited to, temperature, distance traveled, speed, internal diagnostics, and location.

10. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (A) OUR AGGREGATE LIABILITY (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY) WILL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED THAT IS RELATED TO YOUR DAMAGES; AND (B) IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER, OR DAMAGES RESULTING FROM LOST DATA (WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY). SOME STATES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. Product Specifications; Disclaimer of Warranties

11.1

Other than as expressly set forth in Section 6 or the Warranty, all Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Products and their features and do not constitute a warranty or representation by us that any Product will conform with the same.

11.2

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6 OR THE WARRANTY: (A) ALL PRODUCTS ARE PROVIDED WITHOUT ANY WARRANTIES OR SUPPORT OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND WILL BE BINDING ON OR OBLIGATE US; (B) THE PRODUCTS ARE EXPRESSLY PROVIDED TO YOU “AS IS”; (C) IF ANY TECHNICAL SUPPORT OR ASSISTANCE IS PROVIDED WITH RESPECT TO THE PRODUCTS AND THE USE THEREOF, IT IS PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED; (D) WE DO NOT WARRANT THAT THE USE OR OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; AND (E) YOU BEAR ALL RISKS RELATING TO THE USE OF THE PRODUCTS AND THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THESE TERMS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.

11.3

IF YOU ARE FROM NEW JERSEY, THE SECTIONS “LIMITATION OF LIABILITY” AND “DISCLAIMER OF WARRANTIES” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

11.4

It is your responsibility to check with state and local municipalities to determine whether there are any restrictions on where the Products may be used or how it may be used in such municipalities. PFF makes no representation that any Products are permitted to be used on sidewalks, in stores or elsewhere in public in your particular municipality. You agree that you will not, in connection with your use of any Products, violate any applicable law, ordinance, rule, regulation or treaty. You shall not use any Products in such a manner as to cause any Product to carry any firearms, hazardous materials, illegal substances or any goods prohibited by applicable law.

12. General

Except as expressly agreed by PFF and you, these Terms and the Privacy Policy constitute the entire agreement between you and PFF with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. We will not have any liability under these Terms for any failure or delay in performing any of the obligations imposed by these Terms to the extent such failure or delay is the result of any circumstances beyond our reasonable control, including, without limitation, any fire, explosion, severe weather, natural disaster, epidemic, public health or safety emergency, war, riot, damage to machinery or equipment, disruption in transportation, communications, electric power or other infrastructure, or any strike, lockout or other labor dispute. These Terms are governed by the substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Suffolk County in the State of Massachusetts. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. Failure of PFF to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision in these Terms. No waiver will be effective against PFF unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. The section headings are provided for convenience only and will not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.