ATTENTION, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS
1.1. The general sale terms and conditions describe the terms and conditions, which are applicable to the use of the web site/web portal GImarketplace, property of the Company GI-TEX S.r.l, Head office: Via Traversa Fiorentina nr. 6, 59100 Prato (PO) Italy, Fiscal code and VAT number IT 02195660978 – REA: PO-510649. The explicit acceptance of these terms and conditions is an agreement between the user and GImarketplace.
1.2. The purpose of these general terms and conditions of sale and use, of property 'of GImarketplace, is to define the general sale conditions , the general use terms, the policy of protection and confidential treatment of personal data, the duty of good conduct by users, the terms governing the provision of services online and offline by GImarketplace to its users and in general all relations between GImarketplace and users.
1.3. In the event that any provision of this agreement is to be considered void or ineffective, all other provisions shall remain in force and are binding.
2. APPLICATION AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
2.1. These general sale and use terms and conditions are applied to all the services, which are supplied by the web portal GImarketplace.
2.2. These terms and conditions of sale and use apply to all users, with the exception of different specific provisions, which we have evaluated from case to case and possibly accepted
2.3. These general terms and conditions of sale and use reflect the commitments of the parties in their entirety and no other terms can be considered, or implied, as part of the rights and obligations binding for GImarketplace and for any other user of the website GImarketplace
2.4. These general terms and conditions of sale and use can be applied if thet are accepted by any Buyer, Suppliers of services or User.
2.5. Hereby GImarketplace reserves the right to change its terms and conditions of sale and use at any time. In this case, the new terms and conditions shall prevail with respect to their previous version.The new terms and conditions of sale and use become effective and binding immediately after their publication online, without further formality, and without prejudice to the user's option to end his membership to the site.Any modification of the general terms and conditions of sale and use of GImarketplace, can be made only by personnel duly authorized by the GI-TEX to make such changes.
2.6. The whole content of Gimarketplace website (domain name, title, design, form, comments, pictures and original illustrations, logos, slogans, text and other elements), as well as the database is the exclusive property of GImarketplace as sole publisher and owner.
2.7. All the above mentioned contents are protected by international copyright, trademark registration and database rights or any other action required by the intellectual property laws of each concerned country .
3. CATEGORIES OF USERS
3.1. For the purposes of this Agreement, the term "user" means generally any person who accesses the Site for any purpose, regardless of whether the user is registered or not in the GImarketplace website and whether or not he purchased the services offered by GImarketplace.
by “user” we mean the person accessing for any reason the GImarketplace site and any legal entity that can be represented by such person under actual or apparent authority.
The different types of user are specified below.
3.2 User visitor: a user is called a "visitor user " or simply "visitor" when browsing the GImarketplace site without registering.The visitor can access the services provided by the GImarketplace website e in a limited way, but having available the "public" services, i.e. those for whose use it is not necessary to register.The visitor, who browses through the GImarketplace site should not provide his personal data, unless he wants to register, becoming in this way a "registered user".The visitor, if he does not register, cannot access any paid service.
3.3 Registered User: a user is called “registered user” after his registration on the GImarketplace sie, supplying his personal data , as required in the registration form. This user can use all the services that GImarketplace offers subject to the terms and conditions of sale and use expressed in this Regulation.A registered user, besides being able to use all the free services, also has access to paid services, including those needed to become "Premium User".
3.4 Premium user: a user is called a "premium member" after he completed the registration site and acquired certain additional services for a fee, which elevate the status of "registered user" to "Premium User".
3.5. For promotional purposes, the GImarketplace website reserves the right to confer the status of "premium user" also to certain users who have not acquired the necessary facilities to obtain that status.
3.6. In order to protect its interests, the GImarketplace website , at its sole discretion, reserves the right to refuse its services to any user for any reason, at any time, without any liability.
4. SERVICES, PROVIDED BY OUR PORTAL
4.1. GImarketplace has the purpose of interfacing the demand and supply of the covered sectors, through its database of Goods and services, eventually connecting the Seller and the Buyer.
4.2. GImarketplace acts only as a broker, connecting buyers and sellers, and operates completely independently from them, therefore the terms of sale and / or purchase of Goods or service will be concluded between the two parties and will not constitute obligations or responsibilities for GImarketplace.
4.3. GImarketplace disclaims any responsibility arising under civil or criminal law relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law, resulting from the use or availability of information or intellectual property of third-parties, materials of members, materials of the visitors, or statements or opinions submitted on the websites also disclaims any responsibility for the quality, safety, legality and availability of products or services offered on the GImarketplace site through advertising, nor the capacity of suppliers, sellers or buyers to fulfill their obligations of buyer and / or seller, since Gimarketplace acts only as a Broker.
4.4. GImarketplace is bound by a duty of care and diligence, but not by an obligation on the favorable or unfavorable result of any negotiations, so GImarketplace should under no circumstances be held responsible for the preparation of any advertising. .
4.5. In the event of interruption of the online service GImarketplace cannot be held responsible in any way.
4.6. GImarketplace reserves full and exclusive ownership on the database of Goods and services for sale.
4.7. The service offered by GImarketplace is in compliance with any and all regulations and statutes currently in force and is provided in accordance with specific existing regulations.
5.1. The Registration to GImarketplace is free and under no circumstances may be required registration fee or a payment to register. The site registration is a prerequisite to take full advantage of the services of GImarketplace, including the paid services.
5.2. GImarketplace reserves, at its sole discretion, the right to approve or not, with absolute discretion, any new recording and verify all information provided by the applicant or any of them.
5.3. GImarketplace cannot be held in any way responsible for false statements, incorrect, misleading or defamatory provided by users.
5.4. reserves, at its sole discretion, the right to refuse the registration in case of false statements, incorrect, misleading or defamatory provided by web users.
5.5. Any fraudulent registration aimed at deceiving or misleading or which has misleading consequences for another web user or for GImarketplace is a reason for cancellation of the profile of this user with the consequent reporting to the competent court for the prosecution of perpetrators.
5.6. Each registration is considered as acceptance of the general terms and conditions of use, and the associated terms and conditions.
6. SELLER’S OBLIGATIONS
6.1. The existing legal regime is governed by law no. 21 of 21 February 2014 on the sale at a distance between professionals and by law no. 196 of 30 June 2003 on data protection, which create obligations for both parties.
6.2. Hereby, the seller, the buyer and all users agree to comply with all regulations of GImarketplace and to follow the practice, as required.
6.3. GImarketplace does not offer any guarantee to the seller to receive a number of requests and offers.
6.4 Information that must be specified in the offer, in order to consider it valid:
Name and family name or Company name, if legal entità
Physical address, main office or any other structure, which is responsible of the offer
Validity of the offer
Features of the property/Goods: the seller must describe the Goods which are on sale in the most comprehensive way possible. Hereby, the Seller shall be solely borne any responsibility for any consequences due to the improper presentation of the Goods or if its description is incomplete or incorrect.
Payment terms and conditions
In caso di macchinari o impianti, dovrà essere specificata la formula di vendita. Per cui a seconda del caso, dovranno essere specificati eventuali costi inclusi nell’offerta, quali: i costi di smontaggio, carico, trasporto e rimontaggio. • In case of machinery or equipment, the sale conditions must be specified . For which according to the case, any cost, included in the offer, must be specified, such as: the costs of disassembly, loading, transport and reassembly
Regime of responsibility and special terms and conditions of sale
Depending on the case, the minimum proposed duration for a contract for the continuous or periodic supply of a service or Goods
Depending on the case, may be required to provide information such as: the registration number in the Commercial Register, the VAT number or other data as appropriate.
6.5. Eventual costs for any operation of promotion, sale or negotiation of the Goods are not and should not be attributed to GImarketplace.
6.6. The Seller shall ensure full ownership of the Goods, make sure to have the right, authorization and any eventual import or export licenses needed to sell said Goods. The Seller has the responsibility to ensure that the Goods comply with the laws in force to prevent any breach of the rules or rights of third parties. In addition, the seller must guarantee to the buyer that what offered for sale, is in order with fees and taxes, regulations and anything else required by legal obligations. Furthermore he guarantees that the Goods on sale are from encumbrances such as mortgages, retention etc. or anything else that could invalidate the sale.
6.7. The Seller has by default, the obligation to organize the eventual removal and delivery of the Goods to the Purchaser. The Purchaser must pay, by default: any eventual cost for disassembly and loading, transport and handling costs, customs tariffs and all other expenses related to the sending of the item, which were not agreed in the contract. The parties may decide, by specifying in the contract, to apply different modalities than the predefined ones, if they wish . However, the parties must agree on the amount and modalities of such costs, agreeing before concluding the sale.
6.8.. Before the sale, in order to avoid disputes, the parties must agree by contract what are the expenses borne by the Buyer and what the expenses are paid by the seller including any eventual expenses for transport, handling, customs fees and other costs regarding the shipment.
6.9. The sale of an Item implies a possible negotiation of the sale price between Seller and Buyer.
6.10. Within 72 hours of the closing of a sales contract with a Buyer, stipulated by the GImarketplace assistance, the Seller has the obligation to inform GImarketplace about the effected sale of the Item. Otherwise the Seller may incur in contractual liability.
6.11. Hereby, GImarketplace, at its sole discretion, reserves the right to remove from its website any item on sale, for any reason and at any time, without incurring any liability towards the Seller or Buyer and giving notice by mail.
6.12. Hereby, GImarketplace, at its sole discretion, reserves the highlight or not the advertising, , in various forms such as "reduced price", "special offer" or any other commercial reference.
7. BUYER’S OBLIGATIONS
7.1. The current legal regime is the online sales system, that is, distance selling, valid for e-commerce, and refers to the Legislative Decree no. 21/2014.
7.2. Hereby the Purchaser engages to respect all GImarketplace regulations and to present its offer in GImarketplace in the manner indicated by the website.
7.3. The Buyer is the only responsible for issuing its offer to the seller and must ensure that you have the right and the necessary financial means to buy the Goods contained in the offer.
7.4. When presenting the offer, the Buyer agrees to ensure the availability of the necessary funds to purchase the Item, which he undertakes to purchase. Otherwise, after a first email warning, the Buyer can be removed from the site without any further notice.
7.5. If more offers are submitted, the highest offer is not necessarily the winning one, since GImarketplace does not include the auction service. As regards as the possible acceptance of the offer made by the Buyer, this is only the responsibility and liability of the seller to accept it or not, GImarketplace disclaims any responsibility in this regard.
7.6. GImarketplace does not guarantee that all offers will be considered. There will be no reason to appeal against GImarketplace by a customer whose offer has not been studied by the seller.
7.7. If your offer is accepted, the Buyer is bound to pay the amount on the date and at the place as contractually agreed.
7.8. If his offer is accepted, the Buyer shall be bound by the obligation to accept delivery of the Goods within the time allowed. In case of default, the seller may refuse to comply with its obligations, and therefore can demand the execution or termination of the sales contract with any sanctions or penalties, if contractually agreed.
7.9. The Purchaser must pay, by default: any costs for disassembly and loading, transport and handling costs, customs tariffs and any other expenses associated with the shipment of the item. The parties may decide, by specifying it in the contract, to apply different modalities, if they wish, however, the parties must agree on the amount of such costs prior to concluding the sale.
7.10. Each offer binds the buyer to negotiate with the Seller the purchase of the related Item The Purchaser may withdraw his offer before its expiry, only before the communication of the acceptance of this offer by the seller.
7.11. Any Buyer whose offer is accepted by the Seller agrees to inform promptly GImarketplace.
7.12. GImarketplace, at its sole discretion, reserves the right to reject any offer, for whatever reason, at any time and without incurring any liability, simply through a simple notification via e-mail.
8. RELATIONSHIPS BETWEEN SELLERS AND BUYERS
8.1. The Seller may freely determine the selling price, which will continue throughout the period of validity of the offer.
8.2. The Seller is free to determine the period of validity of the quotation.
8.3. In the case of more offers, received by the Seller, for the same Item, the seller has the right to choose that one, which he considers more interesting for him.
8.4. The Seller and the Buyer are obliged to respect their contractual commitments agreed between the parties.
8.5. Hereby, GImarketplace, at its sole discretion, reserves the right to terminate the offer for sale of a product or to terminate any process of introduction of the parties, without cause, for any reason and at any time, without incurring in any liability.
8.6. GImarketplace reserves the right, possibly at its discretion, to require compensation to the seller and / or buyer, in case of success of the transaction. In such a case, the seller and / or buyer will be informed of the compensation required by GImarketplace, before being placed in direct contact with each other, or anyway before the final conclusion of the negotiation.
8.7. Any remuneration paid by one of the parties is definitely attributed to GImarketplace and is not refundable in whole nor in part.
8.8. GImarketplace also reserves the right to buy and / or sell, like any other user, the Goods offered for sale on the site.
8.9. In the case in which the negotiations should fail and the transaction should not be finalized, the Seller and the Buyer must inform GImarketplace consequently, by e-mail or letter.
9. ADDITIONAL SERVICES OF GIMARKETPLACE
9.1. The services provided by third parties may include links to other websites or Internet sources. In the event that such sites or sources are outside of its control, GImarketplace will not be held in any way responsible for providing such services, nor incur any liability for the contents, products, services, advertising, products, or any other material available and / or from these sites or external sources.
9.2. GImarketplace does not incur any liability in respect of any damage or loss, known or alleged, occurring as a result of the use of information, services or data available on sites or sources outside GImarketplace.
9.3. GImarketplace offre anche la possibilità di acquistare spazi pubblicitari nel sito. Tali spazi pubblicitari saranno localizzati in determinati punti del sito e saranno acquistabili direttamente online a costo variabile, in base al tipo di servizio scelto e in base alla localizzazione nel sito, alle dimensioni, al periodo di tempo, ecc.
9.4. GImarketplace has an obligation to ensure these spaces to its customers, but will not be held responsible in any way for any loss or damage, in the event of interruption of the online service.
9.5. All costs, expenses and equipment (logos, slogans, etc.) which are necessary for the use of the purchased advertising space are borne by the users, GImarketplace is only obliged to provide the advertising space. In no event GImarketplace be liable for failing or for poorly exploitation of the advertising space by any user.
9.6. Anyway marketplace undertakes to inform the user, before the purchase of the service, about the size and location on the site of the purchased space, informing him also about the material, which is necessary for its entering (accepted size of files , supported format, etc. ).
9.7. In case of violations of this agreement or of a law, GImarketplace reserves the right to discontinue any service, even for a fee, immediately and without notice or warning, without incurring any liability or without having to provide any refund.
9.8. The Sellers, Buyers and the users generally are the sole responsible for any damage or loss, material or immaterial, suffered by GImarketplace whether direct or indirect, whether they were caused by or arising from their use of the service offered by GImarketplace.
9.9. In the case in which, any Seller or Buyer or user is in breach of this agreement, a statute, a contract or an applicable practice , they hereby agree to indemnify GImarketplace regarding any and all claims, actions and / or sentences for the compensation of the damages, suffered by GImarketplace.
10. VERIFICATION OF THE DATA, SUPPLIED BY THE USERS
10.1. GImarketplace reserves the right to check and / or verify any information provided by users and, according to the case and in its sole discretion, to reject, withdraw or delete any information without prior notice. In any of these eventualities, GImarketplace does not incur any liability, or pay any compensation.
10.2. Hereby, GImarketplace, at its sole discretion, reserves the right to terminate and / or delete, at any time and with immediate effect, for any reason and without justification, without incurring an all liabilities, any right of access or part of it, corresponding to an account and a password, whether it is active, not confirmed and / or inactive.
11. RESPONSIBILITY OF GIMARKETPLACE
11.1. Each user can provide information to GImarketplace though the website. Hereby, GImarketplace is committed to act in order to protect the fairness and the interests of such content, in spite of this GImarketplace does not have any liability if the editorial content should violate the statutes or regulations in force.
11.2. GImarketplace has no obligation to monitor the sent information or the information, which has been stored anywhere else and is not bound by a duty of diligence or preventive control to the facts and circumstances proving illegal activities. Practically all information transmitted by the clients are issued under their responsibility
11.3. Hereby, GImarketplace , at its sole discretion, agrees to withdraw, at any time and without notice any editorial content clearly abusive, and to try to prevent the applicant dissemination of such content, then GImarketplace will never be held liable in such cases.
11.4. Except in cases where GImarketplace has been duly informed of the presence on the site of an offensive, under the laws in force and / or under this Agreement and has not been able to eliminate it, GImarketplace can not be held liable in any manner of any: damage, actions, content or advertisements.
11.5. GImarketplace does not guarantee to the Seller a specified number of offereres.
11.6. GImarketplace disclaims any responsibility concerning the execution, termination and / or termination of the relationship created between any Seller and any Buyer.
11.7. In no way GImarketplace can vouch that every Buyer is solvent or met its obligations. Under no circumstances GImarketplace will incurr in any liability in the event of caused insolvency .
11.8. GImarketplace and / or GI-TEX S.R.L. They shall not be responsible under any circumstances towards the Buyer for the quality and conformity of the product for sale online: the Buyer must obtain guarantees to that effect directly from the Seller. The Sellers and Buyers are solely responsible for any damage or injury, tangible or intangible, direct or indirect, towards GImarketplace, if these are caused by them or if originated in the context of their use of the service provided by GImarketplace.
11.9. GImarketplace is not responsible for the failure to meet existing obligations by the Seller. In no way GImarketplace is to hold liable to the Buyer for non-delivery of the purchased Goods , non-compliant delivery or any other damage suffered by the purchased product during shipment or during commissioning and operation.
11.10. The financial conditions of purchase and any eventual guarantee of payment will be negotiated freely between the Seller and the Buyer, therefore GImarketplace will not be liable in any way for any missed payments by the Buyer.
11.11. GImarketplace cannot be held in any way responsible for the quality of the operation and compliance of the advertised Goods online on its website.
11.12. In case of violation of this agreement or a law, contract or practice by any Seller, Buyer or User, hereby all parties involved agree to hold harmless, and in case of damage to compensate, GImarketplace, about to any material damage, immaterial and / or reputation damage suffered from GImarketplace.
11.13. In no way GImarketplace can incur in any liability for any financial loss, commercial or technical suffered by any Seller or Buyer, such as loss of productivity, loss of revenue, loss of profit or market, orders or lost data, any other pecuniary loss or commercial loss, loss of income, not the profits obtained or lost opportunities, wasted time, or any indirect or direct damage.
11.14. Hereby GImarketplace is committed to providing the state of the art service, according to the usual principles of his profession. Nonetheless, GImarketplace assumes no liability for any breach of its contractual obligations for reasons of force majeure, unstoppable events, fault of a third party, or failure by any Seller or Buyer.
11.15. Hereby GImarketplace disclaims any liability if the delivered Goods should violate the laws in force in the country of delivery.
11.16. Under no circumstances GImarketplace is held responsible for the information provided by the Seller and / or Buyer as regards the equipment. Misleading information, delusive and inaccurate information will not be considered binding for the responsibility of GImarketplace.
11.17. GImarketplace disclaims any responsibility for its own and possible responsibility for all the transaction operations, agreements and any commercial correspondence and non, direct and indirect, both for Goods and for services, occurring between Buyer and Seller. In such cases, the existing legal system, will be defined between the Buyer and Seller, without liability for GImarketplace.
12. USE OF THE SERVICE
12.1. During the use of the service the users must refrain from making use of virus-infected material, malaware, codes to interfere or destroy software, computer and computer tools.
Furthermore the users must refrain from spreading and / or publication of spam, unsolicited advertisements and letter chains.
12.2. During the use of the service users must refrain from presenting any deceptive, misleading and / or defamatory information.
12.3. During the use of the service users must refrain from deceiving GImarketplace or other users through the improper use or handling their own or other users' data.
12.4. During the use of the service users must refrain from disturbing or undermining in any way the service offered by GImarketplace, servers, networks connected to the service.
12.5.. During the use of the service, the users have to meet the required conditions, procedures, general rules or provisions of law applicable to the networks connected to the Service
12.6. During the use of the service users must refrain from violation of this Agreement and of any law, rule of law, statute or regulation in force in their own Country or abroad.
12.7. GImarketplace strictly prohibits, except with the prior express consent, any extraction pr reuse of a substantially significant part, or that exceeds the normal conditions of use, of its own database.
12.8. During the use of the service the users must refrain from trying to obtain information from other users, such as confidential data such as name, surname, company names or articles published and availability of products etc., without prior authorization of GImarketplace.
12.9. During the use of the service the users must refrain from using the account of a third party or from the transfer of their account to third parties, except with the express permission of GImarketplace.
12.10. During the use of the service the users must refrain from using GImarketplace and its services, in the case of suspended account, minor age or other legal inhibition to enter into contract
12.11. Non-paying advertisements, posted by users, should not use references to phone numbers or email addresses, or own or third party.
13. WEB SECURITY AND ASSOCIATED RISKS
13.1. As an online market, GImarketplace is a technical interface that manages a database, accessible 24 hours on 24 hourse, seven days a week.
13.2. GImarketplace does not undertake to maintain uninterrupted and permanent access to services.
13.3. does not assume any responsibility for the risks or technical limitations inherent to the internet, nor the extent of the inadequacy or lack of "network coverage" in the various Countries.
13.4. GImarketplace cannot be held responsible in any way for any malfunctions that occur on its web site and any direct or indirect consequences of any malfunction.
13.5. Any Seller, Buyer or User is responsible for the use of the service from his own account.
13.6. Due to the nature of the service, GImarketplace connects the Seller and Buyer. As a result, all costs, expenses (communications, equipment) required for the use of the site are borne by users.
13.7. GImarketplace at its sole discretion, reserves the right to suspend or terminate the service and the accounts of users, to block access to its website, to delay the visibility of hosted content or suppress such content from the results of its search motor, without any prejudice.
13.8. GImarketplace will, at its sole discretion and without prejudice, to take all necessary measures to prevent the access of users to the site, in the event of abusive or illegal activity, violation of the platform or safety or damage to third parties. In such eventualities GImarketplace will not be liable in any way and any type of damage.
14. PRIVACY AND PROTECTION OF THE PERSONAL DATA
14.1. marketplace thanks for your trust regarding the protection and management of your personal data. Hereby, GImarketplace is committed to protect and manage your identification and personal data in absolute confidentiality. By accepting this statement, the user agrees that GImarketplace collects, treats, ands use such information for its own purposes.
14.2. Any user of the services provided by GImarketplace is obliged to do all that is necessary to protect its own data or other material stored on his computer.
14.3. Any Buyer or Seller has the right to oppose the transfer of his information to third parties and to revoke its approval regarding the protection and management of personal information by GImarketplace, notifying the fact to the following PEC box: gi-tex @ pec .it or by registered letter to the following address: GI-TEX SRL, Via Traversa Fiorentina 6, 59100 Prato, Italy.
14.4. The revocation of its approval on the protection and management of personal data by GImarketplace, takes place within 72 hours from reception of the revocation request and is not retroactive.
14.5. The Customer information remains strictly confidential. However, such information may be shared in specific situations such as: prosecutions, legal obligation, observance of the general conditions of use of the general sales conditions for the application of any agreement, for the user's defense against the alleged infringement of third party rights, to protect the rights and interests of GImarketplace, its users and the general public.
14.6. This information may be shared with third parties, for examples companies and affiliate partners, outside of our control (share with these third parties information relating to a transaction with such third parties), providers of third services or in the framework regarding the transfer of a Company with cessation of activity. In the event of the above, GImarketplace is not absolutely responsible.
14.7. The detailed information on the Privacy, can be found on the site
“……”, at the link:Privacy
14.8. The detailed information on the Cookies, can be found on the site, at the section “……”, at the link: ……
15. ORIGINAL LANGUAGE AND JURISDICTION
15.1. This Agreement is drawn up originally in Italian. Any other eventual terms and conditions of sale and / or use, that appear on the site GImarketplace, should be the translation of this document in a foreign language.
15.2. In the event of conflict between this document originally written in Italian, and this English translation, the Italian Version will be considered valid.
15.3. All the transactions regarding GImarketplace are governed by the Italian law. By accepting these general terms and conditions of sale and use, all visitors and users agree that their contracts are governed by the Italian law currently in force. These laws also apply to the relations between GImarketplace and GI-TEX S.R.L. with Buyers and Sellers.
15.4. Jurisdiction in case of disputes: Court of Prato Italy. Hereby the parties expressly agree that the Court of Prato Italy is competent to rule on any dispute between GImarketplace and its customers and users.
15.5. By accepting these terms and conditions of sale and use, the Seller, the Purchaser and any User formally accept that their agreements and their transactions, relating to GImarketplace services and to GImarketplace itself they are governed by Italian law.