Terms Of Sale

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.

2.1 RETURNING YOUR GITA

If you are not satisfied with your gita, you can request a return within 30 days of receipt of your gita. Because of the size and weight of the gita, we do not offer a refund for any shipping or delivery charges you may have paid to receive your gita. All returns are subject to a $500 restocking fee. Additional shipping fees may apply depending on your location. Please note that a refund is not available for gitas purchased for commercial use. If your gita is returned in damaged condition, with missing parts or accessories, or otherwise has signs of abuse or excessive wear, PFF reserves the right to refuse a refund or to charge additional restocking fees, at PFF’s sole discretion. This Return Policy does not cover ordinary wear and tear or damage caused by improper use or accidents, subject to our Terms of Sale. We will issue your refund within ten (10) business days of our receipt of your returned gita. Refunds for purchases will be credited back to the original method of payment only. To initiate a return, please contact us at Support.

2.2 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.

3.1 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.

3.2 LICENSE OF SUPPLIED SOFTWARE

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.