Posted and effective as of November 14 2011.
Applicable to Scooter Originali Inc websites at the following URL/Domains:
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Scooters Originali Inc also does business as Vespa Cedar Grove, and is also known as ScootersO and Scooters Originali Mail Order. We retain the sole rights to the use of these names.
Orders by minors (persons under the age of 18) are prohibited under these Terms and from this Site. While Scooters Originali does not sell Items to minors, Scooters Originali will sell Items to a minor's guardian or parent using such person's credit card for payment. Therefore, if you are under 18, you may use this Site for placing Item orders only with the involvement and consent of a parent or guardian. However, please note that this Site is not directed toward and does not seek to collect any information from or engage in any transactions with persons under the age of 13.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. All materials within this site are held and protected under copyright law. Certain materials such as images and product descriptions may have been provided by our vendors for use within our websites. In such circumstances, all data, images, and other materials including logos and trademarks are protected by their originating organization and/or corporate entity and are used here by their expressed permission, and may not be re-used for any purposes.
Scooters Originali Inc ELECTRONIC COMMUNICATIONS
By using the Site you agree that Scooters Originali Inc may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any Scooters Originali Inc products or services, or for such other purpose(s) as Scooters Originali Inc deem necessary. We may also post such communications to this Site. By using this Site you agree that these electronic communications satisfy any legal requirement of written notice of such information.
COLORS AND MONITOR DISPLAY
We have made every effort to display as accurately as possible the colors and finish of our products that appear at the Site. However, as the actual colors and finish you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED BY SCOOTERS ORIGINALI INC ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT SCOOTERS ORIGINALI INC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
The products available on this site include motor scooter parts which may cause undesired effects if fitted to your vehicle without necessary expertise. Please note that use of such products is at your sole risk, and that you assume full responsibility for any and all results of usage. We highly recommend using a professionally qualified mechanic to fit said parts.
SCOOTERS ORIGINALI INC. MAKES NO WARRANTY AS TO THE PRODUCTS IT DISTRIBUTES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOWEVER SCOOTERS ORIGINALI, INC. WILL PASS ON ANY AND ALL WARRANTIES MADE BY THE ORIGINAL MANUFACTURER, WHO HAS THE SOLE RESPONSIBILITY FOR PERFORMING ANY SUCH WARRANTIES. THE MANUFACTURER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO PERSON OR PROPERTY ARISING FROM THE DESIGN, MANUFACTURE, AND TESTING OF ITS PRODUCTS. SCOOTERS ORIGINALI, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AS A RESULT OF ANY MANUFACTURER'S BREACH OF ITS WARRANTY.
We do our best to ensure all details on our Site are accurate. However, from time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you and you may return any unsuitable product to us in unused or undamaged condition. Also, please see our Returns Policy.
You agree to defend, indemnify and hold Scooters Originali Inc harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
This Agreement is effective unless and until terminated by either you or Scooters Originali Inc. You may terminate this Agreement at any time. Scooters Originali Inc reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion and may do so immediately without notice, and accordingly deny you access to the Site, if in Scooters Originali's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Scooters Originali Inc, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Terms of payment shall be determined at Scooters Originali's sole discretion. Payment for Items shall be made by American Express, VISA, Mastercard, or Discover Card. Credit card payments are subject to the approval of the financial institution issuing your credit card, and Scooters Originali shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. By prior arrangement and at Scooters Originali's sole discretion we will also accept Money Orders, Bank Drafts, UPS COD and Personal Checks. We accept cash if you pick up goods ordered online.
Scooters Originali is obligated to withhold sales tax for delivery of goods and services to addresses within the State of New Jersey. Unless you provide Scooters Originali with a valid tax exemption or Resale certificate prior to Scooters Originali's acceptance of the order, you are responsible for sales and all other taxes associated with the order.
Scooters Originali shall not be liable for loss or damage caused by any delay or failure to perform its obligations under these Terms caused by failure of any machine, system of authorization, data processing or communications system, transmission link, strikes, lockouts, riots, war, fire, acts of God, accidents, material or transportation shortages, governmental restrictions or injunctions, or denial of import or export licenses, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating performance of these Terms, or any other cause beyond the control of Scooters Originali Inc.
All goods are shipped using third party shipping contractors. Any responsibility for loss or damage during shipment passes onto you and the carrier once the carrier has picked up the package from our premises.
The headings of each of these Terms are for convenience of reference only and shall not form part of these Terms. Such headings shall be ignored in the interpretation or construction of any of these Terms.
INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Scooters Originali's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of Scooters Originali's rights hereunder, shall not constitute a waiver of any of Scooters Orginali's rights or remedies under this Agreement.