These general terms and conditions (“General Terms and Conditions B2C”) define the general terms and conditions of use of the B2C Platform and B2C Services offered by the Company on the Website.
Before registering for the B2C Platform and using B2C Services, as part of our fair and transparent policy, we invite all Users to carefully read these B2C General Conditions.
In the event that you do not intend to accept in whole or in part these General B2C Conditions, or any other notice, legal notice, information or disclaimer published on the Website or otherwise on the B2C Platform, please do not use the Website, B2C Platform and www.joleat.com Services.
1. SUBJECT MATTER
The B2C Platform is a virtual place that facilitates the encounter between supply and demand of food products between Sellers and any natural or legal person who buys for purposes outside his business, commercial, craft or professional (“B2C buyer”).
In particular, through the B2C Platform:
(1) The Seller may:
a. Promotes its business and sell the Agri-food products produced by itself or by third parties;
b. Use of the payment and shipping services provided by the Company;
c. Use of the complaints and reimbursement management service;
(2) The B2C buyer can:
- Have access to a number of selected Sellers;
- Buy directly the products published on the B2C Platform;
- Use of the payment and shipping services provided by the Company;
- Use of the complaints and reimbursement management service;
- Provide comments and reviews on B2C Sellers and purchased products; (“B2C Services”).
The Company, as owner of a B2C Platform of electronic commerce and provider of B2C Services, facilitates transactions between Sellers and B2C buyers and, consequently, is not involved in transactions between them.
The Company has no direct or indirect control over the veracity and accuracy of the information provided by Sellers about their business, production methods, the products or the quality of the same and in general on the contents exchanged between, and/or published by, Registered Users to the B2C Platform. The Company therefore assumes no liability for the conclusion and execution of the sales contract between individual B2C buyers and Sellers, nor does it act as an agent of the Seller as well as in any other way than expressly provided for in these B2C General Conditions.
For the purpose of providing B2C Services, the Company reserves the right to use the services of one or more third parties, affiliates, payment service providers and/or financial institutions as well as suppliers of delivery services (each defined as a “Supplier“). In such a case, the User acknowledges and accepts that it will also be subject to the terms and conditions of service of the individual Supplier.
2. SERVICES B2C
2.1 SELLERS PROMOTION SERVICES
The Sellers, once registered to the B2C Platform, will have the faculty to promote their business and their products through the same. To this end, the Company undertakes to create a dedicated “virtual showcase” on the B2C Platform dedicated to the individual Seller, where audio-visual content will be uploaded (e.g. photos, videos and audio) and in textual content (e.g. description of products and/or company of the Seller), previously shared and agreed with the Company (“Seller’s Content”).
The Company reserves the right to suggest and/or modify the contents before publishing them on the B2C Platform in order to ensure that all Sellers have the same commercial visibility.
In any case it is understood that the Seller is solely responsible for the veracity, correctness, and updating of the Seller Content as well as all the consequences of their publication on the Website and/or on the B2C Platform. The Company disclaims any liability in relation to these Seller Contents, their confidentiality, publication and spread. Sellers also declare and warrant that Seller Content provided to the Company and published on the Platform does not violate third-party rights.
Any changes and/or changes to the Seller Content may be made by contacting the Company directly at the following email support address: email@example.com, with subject “Variation of Sellers Content”.
2.2 COMMERCIAL TRANSACTION SERVICES “MARKETPLACE”
The Company offers a virtual platform service in order to facilitate the encounter between supply and demand of Agri-food products.
2.2.1 Graphic design of products
Products published on the B2C Platform are presented using digital pictures and/or videos of the products promoted by the really existing Sellers. These pictures and presentation videos presented in support of the product information are published on the B2C Platform for descriptive purposes only, taking into account the fact that the quality of the images, including an exact display of color variants may depend on software and computer tools used by the B2C buyer when connecting to the B2C Platform.
Small variations between these pictures and reality do not constitute defects of conformity. The Company disclaims all responsibility and does not provide any guarantee with regard to the correspondence of the graphic design of the products published on the B2C Platform and that of the products delivered by the Sellers.
2.2.2. Purchase Order
All products published on the B2C Platform do not constitute a binding offer for the conclusion of a contract of sale, which is subject to the sending of a purchase order and the receipt by the B2C buyer of the confirmation of its purchase order.
For the purpose of sending the purchase order, the B2C buyer shall select the products he intends to purchase, enter all the necessary data for payment and delivery and finally send the purchase order following the procedure indicated on the B2C Platform. Before sending the purchase order, the B2C buyer will be entitled to correct any errors on the “order summary” page.
After sending the purchase order, the B2C buyer will receive a summary email of all the purchase order data (including the total price of the goods, including taxes, and delivery costs) on the understanding that such email will have an informative purpose only and not confirmation of the order of purchase sent.
At the same time, after sending the purchase order, depending on the payment method selected, the B2C buyer will pay for the products ordered in accordance with paragraph 2.3 below (Payment Services).
After having sent the purchase order and completed the payment, the B2C buyer will have the right to revoke, in whole or in part without charge of expenses, the purchase order made only before receipt of the confirmation/acceptance of the order by the Seller, calling our “Customer Service” to the telephone number indicated on the Home Page of the Site. After receipt of the purchase order confirmation, the B2C buyer will not be able to revoke the purchase order.
The Company reserves the right to cancel the whole or a part of a purchase order where it has been made in violation of these B2C General Conditions or of applicable laws and regulations. In addition, the Company reserves the right to withhold for investigation purposes or to cancel a purchase order where it suspects that the transaction between the B2C buyer and the Seller may be fraudulent or unlawful. In such cases, the Company will promptly inform the Seller and the B2C Buyer (except when subject to legal prohibitions) indicating the reasons for the cancellation of the order together with the procedure to be followed to rectify any errors. Rejected transactions will be considered as not received with reference to execution time and liability for failure or incorrect execution of the purchase order.
2.2.3. Non-availability or exhaustion of products
In the event that all or some of the products promoted by the Seller are not currently available or are sold out, the Seller undertakes to promptly change their availability on the B2C Platform, in order to make it no longer available for purchase by B2C buyers.
In order to maintain positive feedback from B2C buyers and avoid exclusion from the B2C Platform, Sellers are invited to periodically update their cd. “online showcase” on the B2C Platform promoting only products actually available.
If, upon receipt of a purchase order, the Seller declares that the products covered by the purchase order are no longer available or are sold out, the Seller undertakes to contact the Company’s Customer Service promptly, which in turn will inform the B2C buyer.
2.2.4 Acceptance of the purchase and shipment order
Without prejudice to paragraph 2.2.2 (Purchase Order) above, the purchase order sent by the B2C buyer will be binding only if:
- The entire order process has been completed regularly and correctly without any indication of error messages from the B2C Platform;
- The Seller has accepted the purchase order of the products sent by the B2C buyer following the procedure provided by the B2C Platform and sending the confirmation of the acceptance to the B2C buyer;
- The B2C buyer has received confirmation of the acceptance of the order by e-mail and notification in his personal area of the B2C Platform.
The purchase order confirmation will contain, in addition to all the data in the purchase order summary document, also the Seller’s contacts and shipping details (including delivery times, which in any case can never be considered as binding terms).
To this end, the Seller undertakes to accept or refuse the order, within 24 (twenty-four) hours from the date of receipt, it being understood that for this purpose weekdays and public holidays will not be counted. For example, if the Seller receives a purchase order on Friday (working day) at 12.00, the Seller undertakes to accept or decline the order by 12.00 on the following Monday (day of business).
If the Seller does not accept or refuse the purchase order within 24 (24) hours, in accordance with the preceding paragraph, the order will be automatically rejected by the B2C Platform and the B2C buyer will receive an email cancellation of the order and refund of the fees paid. In this case, the Company will charge the Seller for the Management Fee (as defined below).
Upon acceptance of the purchase order, the Seller undertakes to send the products covered by the order within the first day indicated in writing to the Company on registration to the B2C Platform.
2.2.5. Delays in accepting the purchase order
If the Seller does not accept the purchase order within 1 (one) hour from the date of delivery of the order placed by the B2C buyer, the Company, for the sole purpose of ensuring the ease of use and fruition of the B2C Platform, will have the right to contact the Seller directly in order to verify the status of the purchase order.
The Seller and the B2C Buyer acknowledge that the activity carried out by the Company, in accordance with this paragraph, cannot in any case be interpreted as an intermediary activity in the sale of products being it aimed exclusively at protecting the good and proper functioning of the B2C Platform.
2.2.6. Duration and resolution
For Registered Users, the General Conditions remain valid and effective until the date of deletion of the Account.
2.2.7. Account Deletion
Buyers may at any time request the deletion of their Account by means of written communication via email, to the email address firstname.lastname@example.org, with subject “Account Deletion”.
Sellers may request, with 1 month’s notice, the deletion of their Account by written communication via email, to the email address email@example.com, with subject “Account Deletion”.
2.2.8. Suspension or account deletion by the company
The Company will also have the right to suspend and/or discontinue the www.joleat.com Services against the Registered User and prevent access to their Account (including, for example, the sums on the Account) to the following cases:
(1) The Registered User has provided false, incomplete, incorrect or misleading information (including, but not limited to, registration data) or has committed fraudulent or unlawful conduct;
(2) Unauthorized or fraudulent uses of the Account associated with the Registered User or their payment data are found or reported;
(3) The Registered User has a high risk profile;
Upon recourse to any of the cases provided for in this Article, the Company will inform the Registered User of the suspension of the relevant Account and the reasons for such suspension, where possible, before, or at the latest shortly thereafter, except in cases where such communication may compromise security measures or is prohibited by applicable law.
The Company will only reactivate the User’s Account if the Registered User has remedied to the contested violations within the deadline of 15 (fifteen) days from the date of receipt of the notification of suspension. Otherwise, the Company shall delete the Registered User’s Account and give written notice to the User and shall apply the provisions of the next paragraph.
Any request for reactivation of the Account must be made by email to firstname.lastname@example.org with object “reactivation of the Account”.
Notwithstanding the above, if a Registered User does not use the www.joleat.com Services for a period of at least 24 (twenty-four) consecutive months, the Company will provide, after sending a notice by email, to delete the Account associated with that Registered User.
In any case, the Company reserves the right to take appropriate judicial initiatives, both in civil and criminal matters, to protect its rights and interests and the rights of third parties.
2.2.9. Effectiveness of resolution
Upon receipt of the account deletion request by the Registered User or in cases of Account deletion by the Company, the Company itself will cancel any outstanding transaction. Any sums present on the User’s Account and Virtual Account registered on the date of receipt of the deletion request by the Company or on the date of dispatch of the deletion notice of the Account (the “Amounts to be Transferred”), will be credited to the Registered User by bank transfer to the bank account indicated by the latter or, if the Registered User uses the platforms as buyer, using the same payment method used for the last purchase made, provided that all authentication requirements for withdrawals have been met (For example, you will not be able to close an Account to circumvent payment restrictions). The amounts to be transferred will be calculated after deduction of any sums due from the Registered User to the Company. In the event that, at the time of closing the Account, a verification against the Registered User is underway, the Company will retain the Sums to Transfer until the date of completion of the aforementioned verification. After ascertaining the right of the Registered User to receive, in whole or in part, the sums subject to verification, the Company will charge these sums to the Sums to be Transferred and pay them to the Registered User in accordance with the terms of this paragraph.
At the end of the process of crediting the Sums to be Transferred in favor of the Registered User, if due, the Company will delete the Account and give written notice to the Registered User.
In the event of the Account deletion, the Company shall not be liable to the Registered User for any compensation, compensation or damage whatsoever, direct or indirect, including damages for the loss of possible profits, anticipated sales, goodwill or expenses, investments or obligations related to the termination or suspension of the www.joleat.com Services.
(a) The Registered User will remain responsible for the payment of all commissions, the debits and other payment obligations relating to the use of the www.joleat.com Services accrued up to the effective date of the cancellation of the Account;
(b) all licences or other rights granted to the parties pursuant to the General Conditions B2C shall cease with immediate effect;
(c) The Registered User shall promptly return or destroy and cease using all materials provided by the Company.
The Seller and the B2C buyer acknowledge that the activity carried out by the Company pursuant to this paragraph may in no case be interpreted as an intermediary activity in the sale of the products being finalized exclusively to protect the proper functioning of the B2C Platform.
Within 8 (eight) days of receipt of the products, the B2C buyer is entitled to make use himself of the complaints service offered by the Company, indicating any defects of the products received and initiating the relevant claim or refund procedure.
2.2.11. Right of withdrawal
Cases of exclusion of the right of withdrawal
According to art. 59, paragraph 1, lett. d) and c) of D. Lgs. 6 September 2005, No. 206 (Consumer Code) (“Consumer Code”), the right of withdrawal is excluded in relation to: a) goods purchased by a B2C buyer who does not have the quality of “consumer” in accordance with Article 3, paragraph 1, letter
a) Of the Consumption Code and/or that it demands invoice;
b) Goods likely to deteriorate or expire rapidly;
c) Sealed goods which are not suitable for return for hygiene or health protection reasons and which have been opened after delivery.
Without prejudice to paragraph 2.2.10 (Complaints) above, the B2C buyer shall be informed and agree that products which are “likely to deteriorate or expire rapidly” shall include all foodstuffs, as the characteristics and qualities of such product types are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and protection of Users, the right of withdrawal is applicable only for products purchased through the B2C Platform that can be returned to the Seller, intact in the respective seal, and put back on the market without endangering the health of consumers.
Exercise of the right of withdrawal
The B2C buyer shall be entitled to exercise the right of withdrawal, in accordance with art. 52 et seq. of the Consumer Code in relation to specific products, other than those listed in paragraph (a) above, provided that they have not been opened or their seals altered after delivery.
In cases where the exercise of the right of withdrawal is allowed, the B2C buyer has the right to withdraw from the purchase contract with the Seller for any reason, without any need to provide explanations and without any penalty.
To exercise the right of withdrawal, the B2C buyer must send to the Company, within 14 days from the date of delivery of the products covered by the purchase order, a written communication by e-mail to the following email address email@example.com with subject “Exercise of the right of withdrawal” expressly declaring its willingness to withdraw and providing the following additional information:
1. Purchase order number and date;
2. Date of delivery of the purchase order;
3. The name and address of the B2C buyer;
4. Email address and telephone number of the B2C buyer;
5. Code of the article or of the articles for which it is intended to exercise the right of withdrawal.
The right of withdrawal applies to the product purchased in its entirety; therefore, if the product is composed of several components or parts, the right of withdrawal cannot be exercised only on part of the product purchased.
Upon receipt of the notice of exercise of the right of withdrawal, the Company will open a practice for the management of the return and to inform the Seller of the exercise of this right, who must promptly arrange for the collection of the products that are the subject of it at his own expense, assigning the appropriate courier or, if agreed with the Company, any of the Shipping Partners. The Company will then communicate to the B2C buyer the instructions on how to return the products provided by the Seller who must intervene within and not later than 14 days from the date of notification of the exercise the right of withdrawal from the Company.
In case of exercise of the right of withdrawal will be refunded to the B2C buyer the full amount of the products returned within 14 days of the day on which the Company was informed by the B2C buyer’s decision to exercise the right of withdrawal, without prejudice to the Company’s right to suspend payment of the refund until the actual receipt of the products.
The refund will be made using the same payment method used by the B2C buyer.
2.3. THE PAYMENT SERVICE
2.3.1 Accepted Payment methods
Even if the contract of sale of the products stipulated exclusively between Seller and B2C buyer remains, through the B2C Platform, the B2C buyers, together with the sending of the order of purchase, will proceed to the payment of the products using the payment methods accepted by the B2C Platform and published on the same.
The Company does not guarantee that payment systems accessible through the B2C Platform are always accessible and functioning properly. In addition, the Company reserves the right, at its sole discretion, to change at any time the payment methods accepted by the B2C Platform.
In no case may the Company be held liable for any irregularities found in the use of the payment service, such as the use of false or cloned credit cards.
In this case, the Company reserves the right to cancel the B2C buyer’s account. In particular, in the case of payment transactions not recognised by the B2C buyer, the latter will have to follow the procedure established by each issuing company of the credit card with respect to the rules of reimbursement and/or transfer of transactions already occurred (cd. chargeback) by disclaiming any liability on the part of the Company, which in the context of such a commercial relationship is limited to contacting Seller and B2C buyer, but is extraneous to the conclusion of the deal. For the purposes of refund application procedures or credit card transfer of payments or similar services, the Seller is treated here as the merchant and any disputes and/or requests for documentation relevant to the claim for reimbursement or cancellation of the disputed sums by the B2C buyer must be made against him.
In order to protect its commercial reputation and without this constituting any form of mediation, the Company may simply forward any complaints of irregular transactions to the issuing companies of credit cards and/or report the outcome of such claims to the B2C buyer.
2.3.2. Payment of purchase orders
The B2C buyer declares and guarantees to the Company to have all the necessary authorizations in order to use the payment instrument indicated in the phase of completion of the order of purchase.
Upon receipt by the Company of payment relating to the purchase order made by the B2C buyer, the consideration will be retained by the Company and credited, net of a management fee due to the Company equal to 10% of the Final Price of Sale (except for several agreements communicated in writing between the Company and the Seller), as defined below, (the “Fee of Management”) and additional transaction costs (as defined below), directly on the Seller’s Virtual Account, where no action has been taken, within 14 (fourteen) days from the date of receipt of the goods by the B2C Buyer, no claim and/or request for reimbursement and/or exercise of the right of withdrawal or, if any, such claims have not been accepted (“Net Creditable Amount”).
“Additional transaction costs” are understood together: (I) shipping costs incurred by the B2C buyer during purchase or shipping costs borne by the Seller; (II) any increased logistics/transport costs (i.e.: higher costs due to negligence of the Seller in the process of picking up products from his company) caused by the Seller, during packaging/shipment; (III) any costs arising ex post relating to orders whose monetary amounts have already been made available previously by the Company to the Seller; (IV) other costs documented and agreed in communications with the Seller, such as, but not exhaustive, Supply of the Company’s packaging to facilitate its supply and integrity of the products sold by the Seller; (V) any charges levied by credit card companies on requests for reimbursement or cancellation of the sums charged on the credit cards of B2C buyers (c.d. chargeback).
For the purposes referred to in this paragraph, B2C Sellers and Buyers expressly authorize the Company to retain the sums due within the limits and conditions set out in this paragraph. In particular, the Seller expressly authorizes and delegates the Company, also pursuant to art. 1723, paragraph 2, c.c., to receive from B2C buyers the payment of the total amount of the purchase order made by them. It is understood that on the sums received by the Company pursuant to the preceding paragraph, Users recognize and accept that for no reason or title, interest or other consideration will be due from the Company to B2C buyers and Sellers.
For the sole purpose of the proper functioning of this payment service, the name of the Company may formally appear on the B2C buyer’s statement of account (which may also indicate, at our discretion, the name of the business or the name of the Seller). In any case, the B2C buyer and the Seller explicitly acknowledge that this formality does not make the Company a party to the contract of sale concluded between them.
The Seller is required to calculate all applicable taxes and duties, including, but not limited to, sales, consumption and transfer taxes, value added tax, withholding taxes and other taxes and/or duties established, incurred or to be collected, paid or retained for any reason in relation to the sale of their products both in Italy and abroad, or otherwise inherent in any action or omission by the Seller or any of the affiliates or their respective employees, agents, contractors or representatives (“Taxes“). The Seller will be solely responsible for the payment of the Taxes due. The Company will have the right to make available to the Seller tools to calculate and apply taxes related to transactions, but in no case may the Company be held responsible for the applicability, the calculation, declaration and payment of the Taxes due from the Seller.
2.3.4 Virtual Account
The Virtual Account is a software for the management of transactions of the Sellers through the B2C Platform and in no case can be qualified as a bank account or a deposit account or any other different title from the provisions of these B2C General Conditions. In particular, the use of the same does not entail any cost for Users, nor the conclusion of any contract with banks or credit card companies. In addition, under no circumstances may the Virtual Account be qualified as a deposit and the rules on the deposit guarantee will not apply to it.
When registering for the B2C Platform, the Virtual Account on the B2C Platform is activated for each Seller at the same time and free of charge.
The Virtual Account of Sellers highlights the total sum of Net Creditable Amounts accrued by Sellers from the sale of their products through the B2C Platform (the “Balance”).
Unless otherwise agreed in writing between the Seller and the Company regarding the crediting of Net Creditable Amounts not yet accrued by the Seller, the Balance shall be credited to the Seller’s bank account, indicated at the registration to the B2C Platform, according to the arrangements agreed in writing with the latter, by day 15 and day 30 of each month and in any case never before the course of 14 (fourteen) days from the date of receipt of the goods by the B2C buyer.
2.3.5. Errors in processing purchase orders
In the event of errors in the processing of a transaction, The Seller expressly authorizes the Company to charge any fees accrued by the Company or any costs relating to the individual transaction in accordance with paragraph 2.3.6 below.
2.3.6 Compensation and retention
In the case referred to in paragraph 2.3.5 above, or in the case where the Seller has not fully paid to the Company the fees and charges accrued from it under these General B2C Conditions or under separate agreement written (such amounts accrued by the Company and the costs/expenses of the Seller, including the costs associated with the recovery of the sums due to the Company, jointly defined as the “deductions”), the Company will have the right, to the extent permitted by law, to:
(I) in the first instance, charge the deductions in the processing of the first useful transaction carried out through the B2C Platform; (II) secondly, where it is not possible to proceed according to letter (i), to compensate the Balance available on the Seller’s Virtual Account; (III) third, if the amount of deductions due from the Seller exceeds the Balance available on the Seller’s Virtual Account, debit the deductions (or the portion exceeding the Balance) directly to the Seller’s bank account or other payment instrument recorded by the Seller on his Account; (IV) finally, directly require the Seller to pay in full the deductions.
The Company will issue an invoice to the Seller for the payment of the deductions.
They will also be at the sole expense of the Seller, who will have to pay them on receipt of the invoice, all the costs associated with the recovery of the sums due, in addition to the amount recovered, including, but not limited to, fees, legal fees, recovery agency fees and any applicable interest.
2.4 PRICING SERVICES
In order to increase the sales possibilities of the Sellers’ products, the Company offers free consulting – if expressly requested by the Seller – on the final prices to be adopted both on the Italian market (“Final Sales Price Italy”) than on that foreign (“Final Sale Price Europe” and together with the Final Sale Price Italy, the “Final Sale Price”) on the basis of the amount (inclusive of VAT), net of the Management Fee (inclusive of VAT) (“Net amount”) which the Seller intends to receive from the sale of each product.
The Seller undertakes to provide a Net Amount that he intends to receive for each product sold on the B2C Platform that is in line with the market and competitive following the addition of Management Fee. The Company has the right not to accept, renegotiate and /or suggest the Net amount that the Seller intends to receive for each product sold through the B2C Platform.
The Company has the faculty, and is authorized by the Seller who accepts these B2C General Conditions, to change at any time the Final Sale Price Italy and the Final Sale Price Europe to the maximum extent of the Management Fee agreed separately in writing between the Seller and the Company (without prejudice to the net amount desired by the seller):in no circumstances the Final Price of Sale Italy and the Final Price of Sale Europe will be reduced below the threshold of the Net amount that the Seller intends to receive for every product sold through the B2C Platform (except in cases where the Seller authorizes the Company to publish special discounts on the products sold).
2.5. DISPATCH SERVICES
2.5.1 Shipping through the Shipping Partners
The Company has signed commercial agreements with express couriers (“Shipping Partners”). By virtue of these contractual relationships, the Company offers to Sellers, at a competitive shipping cost both in Italy and abroad in the European territory, the right to use an automated shipping service throughout the European Union which includes (I) the confirmation of the purchase order, (II) the creation of the transport document, (III) the shipment and (IV) the management of the return service of the product in case of defects communicated within 8 (eight) days of acceptance and accepted, where applicable, in case of exercise of the right of withdrawal within 14 (fourteen) days after delivery of the product.
The Company reserves the right to modify, at its sole discretion and at any time, the Shipping Partners.
For Sellers who decide to use the Shipping Partners in accordance with the Seller’s acceptance of the Purchase Order, the Seller shall:
(1) Prepare the parcel for shipment using the care necessary to ensure the integrity of the same and the contained products and observing (i) the packaging standards provided by the Shipping Partners (“Packaging Standards”)
(2) Print the consignment note/s available for download in the reserved area of the B2C Platform;
(3) Apply the consignment notes to packages to be sent and deliver the packages to the carrier in charge.
Depending on the area of collection of the packages indicated, as extra-urban, rural, poorly served or otherwise not served by freight forwarders on a daily basis, there may be delays in the collection of parcels at the addresses indicated by the Seller.
The Delivery Partner in charge will collect the parcel from the Seller, will ship it according to the delivery times indicated from time to time. The B2C buyer and the Seller will be able to monitor the progress of the shipment of the purchase order through the respective tracking code.
From the date of delivery of the products to the B2C buyer any risk related to it will no longer be attributable to the Seller (e.g.: bad or unsuitable storage).
In the event that the goods purchased by the B2C buyer arrive late, more than 24 hours after the delivery date indicated at the moment of completion of the sale, which in any case is never considered as peremptory and/or essential, or is damaged (for reasons other than packaging which does not comply with Packaging Standards) and/or lost, the B2C buyer shall report the event within 24 hours of delivery to the Company’s support team, in order that the latter may activate the carrier’s liability under and for the effects of Articles. 1683 and ss. C.C. and in particular the articles. 1693 and 1696 c.c. The reporting should be done through the wizard present in the reserved area of each B2C buyer. The Company will not be liable for any rejection of any claim against the carrier and/or for any other forfeiture, including in the event of late reporting by the B2C buyer.
In relation to the shipping service, it is expressly understood that in no case may the Company be held liable for any expenses, costs or damages (direct and/or indirect and/or loss of income) suffered by the Registered User who avails himself of the shipping service referred to in this paragraph and in particular cannot be held responsible for (I) errors in delivery due to inaccuracies or incompleteness in the completion of the order of purchase by the B2C buyer, (II) damage that may have occurred to the products after delivery to the carrier responsible for their transport, including as a result of packaging not complying with the standards laid down therein, (III) loss or theft of products and (IV) delays in the collection or delivery of products to both Sellers and B2C buyers.
The Company may apply a surcharge to the pricelist applied by the Shipping Partners to cover any additional costs related to the shipment itself, as the shipping cost incurred by the Company may be higher than the shipping cost shown at and paid by the B2C buyer.
The increased costs chargeable to the Seller may be: (I) optional (selectable ex ante from the counterparties) and will be included in the order summary displayed to the B2C buyer; (II) additional (or not calculable ex ante) by the Company; (III) costs resulting from causes attributable to the Seller as well as delays caused by the Seller, out-of-measure packages, extra-weight packages, chargeable to the Seller and reduced by the amount that the Company makes available to the Seller on the sale price.
2.5.2 Free shipping
The Seller will be entitled, in order to increase its sales volumes, to offer free shipping to B2C buyers. The cost of shipping the products chargeable to the Seller that make use of the free shipping through the Shipping Partners is the competitive cost published directly on the Site.
2.6. MANAGEMENT SERVICES CLAIMS AND REFOUNDS
If the products delivered are defective or are different from those covered by the purchase order, within 8 (eight) days from the date of receipt of the products, the B2C buyer will be entitled to submit a claim and claim a refund for the amount paid to the Seller, by contacting us at firstname.lastname@example.org with subject “claim and refund”. For the purpose of proper management, claims for refund must be formalized as indicated, it being understood that otherwise the Company will not be able to offer the management service Claims and refunds.
Upon receipt of the complaint, the Company will assess its merits.
To this end, a complaint shall be deemed to be well founded only if the following conditions are met:
1) Obvious and objective differences between the goods advertised by the Seller on the B2C Platform and the products received from the B2C buyer (for example, errors in the type of product shipped after an order, errors in the quantity information and so on.);
2) Goods damaged during transport for packaging not complying with Packaging Standards.
If the claim is well founded, the B2C buyer shall promptly return the disputed products to the Seller, with costs to be borne by the Seller through his courier or, where agreed with the Company, some of the Shipping Partners.
In such a case, the Company shall:
- ensure that the Seller is promptly informed;
- refund the B2C buyer in whole or in part by re-crediting the sums paid by the B2C buyer (including any costs incurred in returning the products) using the same payment method as the latter for the purchase of products;
- as a result of the complaint procedure, update the Balance available on the Seller’s Virtual Account indicating the accrued consideration net of the refund due to the B2C buyer, of the Management Fee including any transport costs that may be incurred as a refund of the contested products, as well as the handling costs of the complaint incurred by the Company.
The Company will have the right to suspend payment of the refund until the actual receipt of the products by the Seller.
For other types of complaint (for example in case of dispute of transactions made by credit card – or of any complaint of “cloning” of the same or in case of disputes on the shipping service) the Company will just forward to the Seller and/or to the issuing company of the credit card and/or to the shipping Partner and/or to the third party responsible of the dispute sent by the B2C buyer and the dispute will be handled directly between the Contracting Parties in accordance with the provisions of the applicable law.
In no case may the Company be held liable for the execution of the refund of the amounts due to the B2C buyer by the Seller in the event that the claim has been accepted, since the same is done through the Company on the basis of the Seller’s cash on the B2C Platform.
3. DECLARATIONS AND GUARANTEES
By accepting the B2C General Terms and Conditions, the User declares that he has all the powers to register for the B2C Platform, use the services from the same offer and validly conclude contracts of sale of products and execute them.
In addition to the above paragraph, the User who uses the B2C Platform as Seller, with the acceptance of these General B2C Conditions declares to (II) have the authorization to use, publish, spend its contents, trademarks, logos for the use of B2C Services; (III) have the necessary licenses and permits for the distribution, production and trade of the products sold as required by applicable laws; (IV) to be in possession of any certificates necessary for export to European Union countries or non-EU countries indicated during registration or subsequently reported by Users.
4. DURATION OF TIME
With regard to Users Registered to the B2C Platform, the B2C General Conditions remain valid and effective until the date of deletion of the Account.
5. TERMINATION OF B2C SERVICES
The Company reserves its right to permanently discontinue, in whole or in part, B2C Services, for any reason and at any time, even without prior notice, without Sellers and B2C buyers being entitled to any form of compensation or refund.
6. BREACH OF THE GENERAL CONDITIONS B2C
Without prejudice to the provisions of the above points in case of (I) breach by a Registered User of the obligations set out in paragraph 2.2.5 above (Delays in accepting the purchase order) or (II) Violation of the declarations and guarantees provided by Article 3 (Declarations and Guarantees), the Company shall have the right to suspend the Account of the Registered User and, if the breach has not been remedied, to cancel the Account.
Pursuant to and for the effects of Articles. 1341 and 1342 et seq. c.c., the User declares to have read and understood and therefore to expressly approve Items 1 (Subject), 2.2 (Business transaction services “marketplace”), 2.3 (Payment service), 2.5 (Shipping services), 5 (Final interruption of B2C Services) and 6 (Violation of B2C General Conditions).