General Terms of Service, Terms and Conditions
These general conditions of service ("General Conditions") regulate the service offered by
ProIndustria srl through its online platform ("Platform") accessible at the site www.usedtextilemachines.eu ("Site") which allows its users ("Users") who intend to sell and / or purchase secondary raw materials, recyclable materials in large quantities, by-products, rejects, inventories and / or unsold inventory, to publish and consult announcements relating to such materials ("Service"). The General Conditions must be accepted by the User when registering for the Service on the Platform. Proindustria reserves the right to modify the General Conditions in whole or in part at any time, by notifying the User via the Site with at least 30 days notice, should the methods of use of the Service change. The User is therefore required to periodically consult the Site, in order to always be informed about the conditions applied. The User, without any charge or additional cost, will have the right to withdraw from the Service within the next 30 days from the publication of the amendments to the General Conditions on the Site, it being understood that the use of the Service following these changes implies the tacit acceptance of the same.
Definitions
1.1 For the purposes of these General Conditions we mean by: "Account": the account created by the User upon completion of the Registration procedure on the Platform; "Announcement": the announcement relating to the Material and / or services published by the Seller on the Platform for the purpose of consultation by Buyers; "Buyer": the legal person or natural person of legal age who intends to consult one or more Advertisements in order to make any purchase of the Material covered by the relevant Advertisement outside the Platform; "Forbidden Categories" the following categories: - weapons or ammunition, or other instrument capable of offending; - fake or counterfeit products; - tobacco or related products; - pornographic material; - medicines, parapharmaceuticals, medical preparations, and any kind of narcotic and psychotropic substance. - alcohol; - foodstuffs. "Contents": the contents of the Announcement; "Contract" these General Conditions; "Registration Credentials": the e-mail address and password chosen by the User when registering for the Service; "Credits" the credits purchased on the Platform and / or accumulated through the Registration process by the Seller that can be spent on the Platform for the purpose of publishing the Announcements and / or any additional services that UsedTextileMachines intends to implement during this Agreement; the value of n. 1 Credit is equal to the amount reported on the Site from time to time; "Dashboard" means the control panel made available to Users who have registered and usable through the Site which allows them to carry out the activities described from time to time on the Site such as, by way of example, the display of the latest Ads consulted for Buyer and the management and monitoring of the activities related to the Ads for Sellers; "Material": secondary raw materials, recyclable materials, by-products, scraps, inventories and / or unsold warehouse items covered by the Announcement and of which the Seller has the legitimate availability and / or ownership; "Period of Duration of the Announcement" the period of duration of the Announcement equal to what is indicated from time to time by Proindustria on the Platform; "Platform": the online platform owned by Proindustria which allows the provision of the Service in favor of the Seller and the Buyer; "Registration" registration for the free Service that allows the User to create their own Account; Registration is mandatory for the Seller who intends to publish one or more Ads while it is optional for the Buyer; "Seller": the legal person who intends to publish one or more Announcements on the Platform in order to carry out any sale of the Material covered by the relevant Announcement outside the Platform; "Service": the service provided by UsedTextileMachines through the Platform that allows the Seller to publish one or more Announcements relating to the Materials on the Platform for the purpose of their consultation by Buyers; "Messaging System" the messaging system made available by Proindustria in order to allow Users to exchange information on the Materials object of the Announcement and to complete any purchase; "Users": collectively and without distinction the Seller and the Buyer who use the Service through the Platform; 1.2 The terms reported in any case below in these General Conditions with a capital letter will have the meaning attributed to them below.
Registration to the Service
2.1 The Buyer may, at its sole discretion, decide to register for the Service. The Buyer who registers will have access to all the features of the Service while the Buyer who does not register will still be able to use the Service in order to consult the Ads but with some limitations provided for from time to time by the Platform (by way of example not will be able to view the price of the Materials shown in the Announcement, will not be able to view all the Announcements published by the Seller consulted and will not be able to use the Dashboard). 2.2 The Seller who intends to use the Service in order to publish one or more Announcements must register. 2.3 When registering for the Service, you will be asked to enter the Registration Credentials in the relevant registration form ("Form"). In order to register on the Platform, it is also necessary to send all the documentation that may be requested from time to time during the Registration on the Platform. 2.4 After sending the Form, Proindustria will confirm the activation of the Account by sending an email to the address indicated by the User. 2.5 UsedTextileMachines authorizes the User who intends to register for the creation of a single Account with the consequent prohibition of subsequently registering additional accounts other than the one originally created and which is attributable to the same subject, without the written authorization of UsedTextileMachines to that effect. The creation of multiple Accounts contrary to the provisions of this article may result in the suspension of the Account without prior notice and the inability for the User to use the Service. 2.6 The User who has registered undertakes not to transfer even temporarily to third parties and to keep the Registration Credentials with due care, diligence and secrecy under his own responsibility. The User who has registered is therefore informed that all acts performed through the use of the Registration Credentials will be attributed to him and will have binding effect on him. 2.7 The User guarantees that the information provided during the Registration procedure and, with reference to the Seller, also after the publication of the Announcement, is complete and truthful and undertakes to keep UsedTextileMachines harmless and indemnified against any damage and / or request for compensation and / or sanction deriving from and / or in any way connected to the violation by the User who registered the provisions of this article 2.
Description of service
3.1 The Platform puts Sellers in contact with Buyers by allowing Sellers to publish one or more Announcements relating to the Materials on the Platform in order to make them available to Buyers for consultation and possible purchase outside the Platform. The Seller may decide to use the Service in "subscription" mode which allows the Seller, upon payment of an annual subscription fee, to purchase an unlimited number of Credits, or to the different extent indicated on the Site, in order to publish the Ads. 3.2. The Buyer, based on the search criteria entered on the Platform, will display a list of Ads and once the Advert of his interest has been selected, he can contact the Seller through the Messaging System. 3.3 UsedTextileMachines, subject to the User's express consent to that effect, may view and store the content of messages exchanged with other Users within the Messaging System for purposes related to the provision of the Service, it being understood that UsedTextileMachines will not have no obligation to check the content of such messages. The User may at any time revoke the consent given by sending a written communication to UsedTextileMachines, it being understood that any further message sent and / or received by the User after the date of the withdrawal of consent cannot be viewed and stored by UsedTextileMachines
Ads
4.1 The Seller, by accessing the Service, in order to publish an Ad must enter the information requested by UsedTextileMachines on the Platform, such as by way of example only: - category (identifies the macro-category and / or the micro-category to which the Material belongs); - Ad Title; - photos relating to the Material covered by the Announcement; - description of the material; - dimensions of the material (height, weight, thickness etc.); - price including VAT); - place where the Material is located (if different from the Seller's registered office); - advice on the possible reuse of the Material; - all further information requested by the Platform. The Seller, for the purpose of publishing the Announcement, must also proceed with the payment of a number of Credits equal to what is requested from time to time by the Platform. 4.2 The Seller, before publishing the Announcement, may decide to save their Announcement in the "Saved Announcements" section of the Dashboard in order to publish it at a later time. 4.3 The Announcement will be considered concluded if one of the following situations occurs: a) conclusion through the Messaging System of the sale between the Seller and the Buyer relating to the Material object of the Announcement; b) expiry of the Announcement Duration Period. In such cases, the completed Announcement will be inserted in the "Completed Announcements" section within the Dashboard to allow the Seller to view the history of their Announcements and possibly to re-publish the concluded Announcement in the cases referred to in letters a) and b ) of this article. 4.4 UsedTextileMachines does not provide any guarantee regarding the placement of Ads within the search results on the Platform ("Positioning"). Positioning takes place automatically based on a series of factors which, at its discretion, UsedTextileMachines identifies as search parameters.
Ad serving rules
5.1 The Seller undertakes to publish on the Platform any Content that is not deemed offensive or prohibited by law, such as by way of example and not limited to: • the disturbance to public or private peace; • the offense or damage, direct or indirect, to the rights of others; • offensive contents of religions; • content that is harmful to intellectual property, copyright, industrial law or any other third party right; • content of a defamatory, pornographic, child pornography, violent nature (or in any case forbidden to minors under the age of 18 or suitable only for an adult audience); • content relating to gambling; • any other content prohibited by the rules in force and applicable from time to time. 5.2 The Seller is expressly prohibited from: • insert the same announcement in several categories, regions or provinces; • insert Ads using automatic insertion systems; • place Ads on behalf of third parties. 5.3 The Seller expressly declares and guarantees: • that the Materials covered by the Ads are not prohibited by Italian law and do not fall into any of the Prohibited Categories; • to have full availability and / or ownership of the Materials for the purpose of publishing the Announcements. 5.4 In the event of a violation by the Seller of one of the provisions set forth in the previous articles 5.1, 5.2 and 5.3, UsedTextileMachines, it being understood that it has no obligation to control, reserves the right to remove the Contents and / or suspend or eliminate the Announcement and in the most serious cases to terminate this Agreement with consequent definitive cancellation of the Account.