GENERAL TERMS AND CONDITIONS OF SERVICE
01
Content and Object of the Service
1.1 Ditta Vernassa (hereinafter referred to as “IW Stock”) with registered office in Dalmine (BG), via Buttaro 4D, tax code IT04658500162, VAT number IT04658500162, allows interested users to use a web-based service (hereinafter referred to as the “Service”) to publish and view advertisements for the sale or purchase of goods.
02
Ownership
2.1 Ditta Vernassa is the sole owner of the website www.iwstock.net (hereinafter referred to as the “Website”) which provides access to the Service, and is also the owner of all related rights inherent and consequential to the exploitation of the Website itself.
03
Use of the Service
3.1 Use of the Service is only permitted to registered users (hereinafter referred to as “Users”). Registration on the Website and use of the Service for the limited purpose of viewing and publishing advertisements are free of charge.
3.2 To register on the Website, the User must fill out the appropriate form, entering, in addition to his/her data, an email address and a password, and click on the “Submit” button. Each User can only have one registration on the Website
3.3 Registration on the Website allows users to perform, through a reserved and personal area, among others, the following activities:
- Manage their personal data and modify it at any time.
- Manage their own advertisements, modify them and suspend them at any time.
3.4 Other specific functionalities of the Service may be subject to a fee, such as:
- Data and photograph insertion/processing by our technicians,
- Preparation of targeted texts for the promotion of products and the company
- Customer correspondence management
- Insertion of a product of your choice on the “SHOP” page as “Best selling Products”
- Insertion of the logo on the “HOME” page among the eight available
- “Click” and performance analysis service
3.5 The User guarantees that the personal information provided during the Website registration procedure is complete and truthful, and undertakes to hold IW Stock harmless and indemnified from any damage, liability and/or penalty arising from and/or in any way connected with the User’s violation of the Website registration rules or the preservation of registration credentials.
3.6 IW Stock is in no way a party to any relationships that may arise between Users, including the purchase, delivery or payment of goods, the exchange of information, even through the use of the advertisement reply form (hereinafter referred to as the “Order Form”).
3.7 Users undertake not to use the contacts on the Website in an inappropriate manner. It is expressly forbidden, inter alia, for Users or third parties to send advertising or promotional material to Users.
3.8 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Service Provider informs users that:
a) To validate the purchase contract for one or more products on the Website, the customer must book the quantity and confirm it with the “Add to Cart” button on the Shop page;
b) Visit the cart page (“Cart”), review/confirm the order and further confirm it by selecting the “Checkout” button.
c) Enter the missing data in the form that will appear and confirm the order by selecting the “Place Order” button;
d) The contract will be considered valid when the order is registered by the system and assigned a sequential number (Order number);
e) Once the Order has been registered, the Marketplace platform system will send the user, at the indicated e-mail address, the order confirmation (Order details) containing: a summary of the general and special conditions applicable to the contract, the information relating to the essential characteristics of the purchased product, the detailed indication of the price, the payment method used, the delivery address, delivery costs and any additional costs and any written notes at the time of confirmation. The distance sales contract that will govern each individual purchase transaction will be signed by means of a “point & click” procedure at the time of sending the Order and will be attached to the order confirmation email;
f) The Order will be archived by the parties to the transaction, through the Marketplace platform, for the time necessary for its execution and, in any case, within the legal terms.
04
User’s Responsibility
4.1 The User is solely responsible for the use of the Service, the goods and services offered through the Website, as well as for the correctness and truthfulness of the information published.
4.2 The User guarantees that he/she is the owner of the good or service offered for sale and that it is available.
4.3 The User undertakes not to publish advertisements using automatic loading systems.
4.4 The User undertakes to respect the rules of the Website and not to falsify his/her identity.
4.5 The User guarantees that his/her advertisements do not violate any third party rights (e.g., copyright, industrial property rights).
4.6 The User assumes full responsibility for any disputes arising from his/her advertisements or his/her behavior and undertakes to hold IW Stock harmless and indemnified from any damage, loss or expense arising therefrom.
4.7 The User undertakes not to carry out any technical attack on the Website. Technical attack means, in particular, hacking, i.e. attempts to overcome or circumvent the security mechanisms of the Website or the IW Stock marketplace or to render them ineffective in other ways, the use of software for the automatic reading of data, the use and/or dissemination of viruses, worms, trojans, brute force attacks, and/or the use of other links, programs or methods that may damage the Website or the IW Stock marketplace (including all hardware and software necessary for the operation of the Website or the IW Stock marketplace) or individual users of the Website or the IW Stock marketplace.
4.8 The information and data to which the User has gained access in the context of this contract may be used only for the purposes agreed upon in this contract. The User is not authorized to collect information from the Website for purposes other than those defined in these General Terms and Conditions of Service. The User is not authorized to allow third parties access to the Website or to transmit to third parties, in part or in whole, the information and data contained on the Website.
4.9 Any violation by the User of the provisions above shall result in the immediate blocking of the login access to the Service.
05
Product Availability
5.1 The products offered on the Website are the items present in the electronic catalog published on the Website itself, and displayed to the user at the time of placing the order, specifically indicated as “sold and shipped by the seller”.
5.2 The products can belong to various product categories. Each product is accompanied by an informative page that illustrates its main characteristics (hereinafter referred to as the “Product Page”).
5.3 Within the Product Page there will be a special section containing information about the product’s availability (“…in stock”). In the event that a product is not available, the customer can still select it to add it to the cart (“Cart”) and automatically the Marketplace platform will notify the user, with an email to the registered address. The user must reply to the email received within 48 hours indicating when it will be available again and the customer will receive this information. The request for a notification of availability does not imply any obligation to purchase and does not constitute a reservation and/or order of the product.
5.4 Product availability is monitored and updated. However, since the Website can be visited by multiple customers simultaneously, it may happen that multiple customers purchase the same product at the same time. In such cases, therefore, the product may appear to be available for a short period of time, even though it is actually out of stock or not immediately available, as it is necessary to obtain a restocking.
06
Limitation of Liability
6.1 IW Stock does not provide any guarantee regarding the content of the advertisements published on the Website, nor does it provide any guarantee regarding the subsequent information provided by users.
6.2 IW Stock reserves the right, at any time and at its sole discretion, to evaluate, approve, remove or prevent the insertion of advertisements.
6.3 IW Stock does not guarantee the outcome or the success of the negotiations resulting from the use of the Service, as it is completely extraneous to the negotiations themselves.
6.4 IW Stock is not responsible for the content of third-party websites or for other malfunctions due to defects or incompatibilities of the user’s software and hardware, nor for damages resulting from the non-availability of internet access or the non-optimal functionality of the internet.
07
Provision of the Service
7.1 IW Stock reserves the right to approve, modify, suspend or interrupt, in whole or in part, the Service at any time, even without notice.
7.2 In this case, IW Stock shall not be liable for any damages that may arise for individual users.
7.3 IW Stock does not guarantee the authenticity of the products or services offered for sale by users, nor the authenticity of the contacts.
7.4 IW Stock shall in no case be held responsible for any damages resulting from the failure to provide the Service due to the malfunctioning of the site or electronic communication means, such as, for example, malfunctioning of servers and installed software, hacker actions, computer viruses.
08
Term and Termination of the Contract
8.1 The contract for participation in the marketplace is of indefinite duration. The parties may terminate the contract in writing at any time.
8.2 The parties shall have the right to terminate the contract for serious reasons without notice. Serious reasons shall mean any circumstance in which one party persistently breaches its essential contractual obligations.
8.3 Each party to this contract may terminate this contractual relationship pursuant to and with the effects of art. 1456 of the Italian Civil Code, in the event that (i) one of the contracting parties becomes bankrupt, (ii) the commercial activity of one of the contracting parties, or substantial parts thereof, is transferred or liquidated, (iii) one of the contracting parties becomes insolvent and/or is placed under sequestration or the party undergoes equally significant changes in its financial position, capacity to act and/or is declared insolvent involving the capital of the other contracting party.
09
Competent Court
10
Validity of the Terms and Conditions
10.1 IW Stock may modify these General Terms and Conditions of Service at any time and unilaterally, by communicating such modifications on the Website.