Terms and Conditions

General Terms & Conditions of Use - Marketplace

 1. Scope of application

1.1. Marketplace is a website that brings together the demand and supply for handmade products with a creative, personal touch.
1.2. Registered users can buy and sell handmade and vintage products, materials and services by running their own virtual stores. The site issues discount coupons that can be used for on-site purchases, and organises competitions.
1.3. These Terms & Conditions govern the contractual relationship between Marketplace and its users with regard to the provision of the services and functions available on the site.

2. Registration

2.1. Marketplace can be used by anyone surfing the web, even without registering, to view offers, stores or profiles.
2.2. Registration is required in order to access the active functions such as buying and selling, the use of ancillary functions such as "watching" specific items, using the site's communication system, giving feedback in the form of comments and votes, and using the site forum and community.
2.3. The conditions for registering on Marketplace are the acceptance of these Terms & Conditions and of the related legal documents (Article 27), in particular acknowledgement of the data protection statement and consent to the processing of personal details.
2.4. If the user is an individual and not a company or association (legally recognised or otherwise), a foundation, committee, company or other collective entity, the user must have reached the age of consent according to the laws in force in their country of origin. Marketplace is not required to carry out any checks in this regard and declines all liability in the event that a minor registers on the site, even by fraudulent means. In such a case the person registering and the persons with parental responsibility for the minor will have sole responsibility.
2.5. Although registration is open to anyone under the following conditions, it is not a right and therefore no one is entitled to take legal action as a result of non-registration.
2.6. Registration as a non-individual – legal entity, association, foundation or company etc. - may only be carried out by a legal representative of the entity or by a person with the necessary authority granted by a legal representative. The information necessary to enable that person's recognition as a real person must be stated.

3. Technical requirements for registration.

3.1. Users are required to update their details where necessary, as required by law or for the purposes of regular use of the service.
3.2. Registration requires the user to choose a username and password.
3.3. Subject to the user's responsibility, the password must be chosen in such a way that it cannot be easily reconstructed (for example by using a combination of alphanumeric characters, both letters and numbers, and symbols). Passwords must be kept strictly confidential and not made available to anyone or published on any part of the Internet.
3.4. The obtaining of a username and password is subject to allocation, i.e. there must be no users with the same username on the system, and the password must meet the validity criteria. The user is responsible for indicating different usernames or passwords if the desired ones cannot be obtained.

4. Completion of registration

4.1. Once the electronic form available on the registration page has been compiled with the required data, and sent by clicking on the Send button, the user will receive an email at the indicated email address, containing a link. When clicking on the link the user will access the page that acknowledges completion of registration, or alternatively will receive a code to be entered on a specific page, in order to complete the registration process.
4.2. Any errors in entering the requested data may be collected at any time before the electronic form is sent. After registration, changes to details may be made to the profile functions.
4.3. However, to avoid abuse, names and surnames may not be changed through this procedure. To change the names or surnames, the registered users must contact the Marketplace Customer Service, giving the reasons for the change of name (for example errors in data entry or proven changes of name).
4.4. Depending on the language option specified via the relevant site function, the user may complete the procedure, including the confirmation email, in the chosen language or in the language available for the country from which the user is visiting the site, and in all cases in Italian as well is in English.
4.5. Once the electronic form has been compiled and sent in accordance with the above procedure, Marketplace will send the user these Terms & Conditions in the confirmation email, by including a link.
4.6. Completion of the registration process implies that the user has acknowledged and accepted these Terms & Conditions and the other related legal documents (Article 27), in particular the data protection statement and the clauses of which the signature is required at the time of completing the form, as a condition for completing the registration process.
4.7. We strongly recommend that the user print out a copy of these Terms & Conditions and the related documents.

5. Non-transferability of accounts.

5.1. Accounts registered on Marketplace are personal and may not be assigned to a third party or used by anyone other than the person who registered the account or a person authorised by the registered user.

6. Suspension or deletion of accounts

6.1. If an account is suspended or deleted by Marketplace, in execution of the disciplinary measures in Article 17(3)(c) of the Terms & Conditions, the person who is or was the holder of the account will not be allowed to register again.
6.2. If the person in the conditions described in the above paragraph does make a new registration with fraudulent means, such as using false or invented names, the account may be deleted without notice, subject to requests for clarification in doubtful cases. In addition, if the fraudulent means used to register the account constitute a criminal offence, the person responsible will be reported to the legal authorities.

7. Management of accounts

7.1. Registration allows each user to create and update a profile where they can enter personal details (obligatory or optional) which can be made public or made accessible only to Marketplace and the user (invisible) according to the directions contained in the data protection statement.

8. Abusive accounts.

8.1. While Marketplace will carry out all the necessary investigations into a user's identity if abuse is reported or in the case of evident abuse, it cannot guarantee that this will prevent the registration of accounts under false identities, or accounts containing false data.
8.2. In any case, the use of false data on account is a criminal offence under Italian law. Any abuse will be duly reported to the legal authorities through a complaint or other legal action where the legal conditions are met.

9. Right of termination

9.1. If a user who holds an account on Marketplace is an individual and joins the site for purposes other than those referred to in Article 3 of legislative decree 205/2006 ("Consumer Code") for the purpose of exercising a commercial, professional or business activity (for example: to make purchases for purely personal reasons and in any case not to make sales) and is resident or habitually domiciled in a European Union country, they may exercise the right of termination on the basis of the following provisions.
9.2. The user, as a consumer in their dealings with Marketplace, may withdraw from the contract for the provision of services without having to indicate a specific reason within 14 days from conclusion of the contract, by sending a communication by ordinary mail to the address (specify address) or the email (specify email address), containing the information needed to identify the user and the unequivocal intention to exercise the right of termination.
9.3. If the laws of the country of residence or habitual domicile, within the EU, provide for termination as a mandatory provision, the user may withdraw within the above periods, also by making an informal declaration, for example by telephone.
9.4. Exercise of the right of termination requires each party to return the benefits obtained through the use of the services on the Marketplace website, in particular, as to Marketplace, the commission and other monetary benefits obtained as a result of the conclusion of sales and purchases or the use of its services, and as to the user, the net proceeds of the sales and purchases made through the Marketplace website, determined on the basis of the average market prices.
9.5. Reimbursements must be made within 30 days. The above is subject to the mandatory provisions of law in the user's country of residence, if they contain provisions offering greater protection to the consumer.

10. Contracts between users for the purchase of products or services

10.1. If a user includes information about the products or services they intend to sell, this constitutes an irrevocable offer that is binding on the user when the contract is stipulated, in accordance with the specified conditions.
10.2. Therefore, when another user, as buyer, makes and confirms an order, the contract for the sale or purchase of goods or services is deemed to be concluded, and is also binding on the user that placed the order.
10.3. When the order is correctly input onto the system, the buyer will receive an email confirmation at the email address on their account. Payment must be made in full within seven days from receipt of the confirmation unless agreed otherwise between the parties.
10.4. The amount due must only be paid with one of the payment methods specified in the information about the product or service offered for sale. The impossibility of using any one of the payment methods, for example the non-possession of a credit card, shall not constitute justification for any delay or failure in payment. Therefore, the user wishing to buy goods and services must take care to obtain full information about the accepted payment methods before making the purchase.
10.5. All users intending to offer goods and services for sale must accept payments in the form of coupons issued by Marketplace, by entering the coupon code in the payment information. In such a case, Marketplace will send the payment directly to the seller.
10.6. Users buying goods or services on the Marketplace site are not entitled to demand cancellation of the contract or raise complaints of any kind about the goods and services being unfit for their personal needs or different from what they envisaged, nor complaints about other issues relating to the possibility of using the goods or services for legal reasons, if, on the basis of the information provided by the seller, they would have been able to make an adequate assessment of the product and avoid the purchase if necessary.
10.7. With regard to the purchases and sales, the sole function of Marketplace is to facilitate direct contact between the interested users through its website. Marketplace does not hold any contractually significant and binding position, either as mediator nor in any other capacity. Therefore, whenever a user buys something from another user through the Marketplace site, the contract is deemed to be made exclusively between those parties. Marketplace carries out direct sales of its products and services only at its stores, which are duly identified. In this case, the Terms & Conditions applicable to those stores are effective, together with the rules about the right of cancellation.
10.8. Under no circumstances shall Marketplace be responsible for fulfilling the legal and contractual warranties related to the sale and purchase agreements between users, with regard to which they are personally liable.

11. Prize competitions

11.1. The competitions organised by Marketplace are subject to specific Terms & Conditions, of which the users will be informed in advance.

12. Fees

12.1. Registration of an account on Marketplace is free of charge, while certain user options for sellers can be utilised in return for payment, the amount of which is determined according to the fees of Marketplace, including but not limited to the posting of offers for sale.
12.2. The successful completion of a sale of a product or service on the Marketplace site requires the user acting as seller to pay commission, which will not be returned if the contract is subsequently cancelled, terminated or rescinded, even after invoking the right of termination.
12.3. Users can also increase the possibilities of selling their products and services in return for payment of a premium, by requesting that the advert be posted in the "showcase" areas of the site, on the homepage or in other areas with high visibility, according to the tariff scale.
12.4. Marketplace will inform the user appropriately, with clear indications, of the fact that a certain service may involve the payment of an extra cost, before the user can request it.
12.5. The payments due from the user will be billed in accordance with the specifications of the Marketplace Fees.
12.6. In order to allow payments to be processed, the user must grant the authorisation for their current account or credit card to be debited, or must give authorisation for other forms of payment, such as but not limited to PayPal. The amount will not be debited before the invoice has been sent and has been uploaded on the user profile.

13. Non-payment of fees.

13.1. If the payment cannot be processed due to lack of funds or for any other reason, the user must pay not only the amount due but also a fixed penalty to Marketplace for the unsuccessful payment. The fixed penalty will be €5 or the amount outstanding, if less, unless the user can demonstrate that the payment was unsuccessful for reasons beyond their control.
13.2. The user will be considered to be in default, without the requirement for an express notice of default, if the payment is not made or cannot be processed within 30 days from the date of issue of the invoice or from the date on which the charge appeared on the user profile.
13.3. If the user is not operating as a professional, retailer or professional service provider and is therefore considered a consumer, these provisions only apply if they have been specifically notified, also with reference to the relevant provisions, at the same time as the amount due was indicated.

14. General obligations of the user.

14.1. To ensure the efficient use of the site and to avoid inconvenience, all users must adhere strictly to the applicable provisions of law and to the regulations imposed by Marketplace, which are supplemented not only by the above conditions but also by the Marketplace Guidelines.
14.2. Users must only utilise the Marketplace site for legal purposes and in accordance with these Terms & Conditions and with the Marketplace Guidelines. Users are solely liable for the content they publish and for all the consequences that may result from the publication or use of the content, both with regard to the violation of laws and to potentially harmful consequences for other users or third parties.
14.3. When using the services of Marketplace, and in particular but not limited to the creation and publication of content, users must abide by the laws in force and must not do anything that would violate any provision of current laws, regardless of whether or not any penal or administrative penalties are imposed for such violations.
14.4. Users are also informed that depending on their nationality and that of the other users with whom they come into contact with regard to the buying or selling of products or services, compliance with Italian law may not be sufficient and it may also be necessary to abide by the provisions of other national laws.
14.5. The sellers are responsible for providing specific information in this regard, and the buyers are solely responsible for observing the provisions of the specific laws applicable to them depending on their country of residence.
14.6. Under no circumstances shall Marketplace assume liability for any negligence or failure in this regard and Marketplace reserves the right to report any legal violations of which it becomes aware to the relevant legal authorities, in the case of a prosecutable offence.

15. Obligations regarding proper use of the site.

15.1. Relations between users must be based on respect and honesty.
15.2. Only products and services that reflect the mission of Marketplace may be sold on the Marketplace site: well-made artisanal products, and services relating to manual work, DIY, sewing and crafting. The sale of vintage materials and clothing is permitted.
15.3. The sale of products on behalf of a third party is only permitted if the seller knows the maker personally, and if they are not industrial productions. Further details can be found in our guidelines.
15.4. Users must refrain from any practice that involves the evasion of the contribution fees of Marketplace or which constitutes fraudulent conduct with regard to paid use of the site.
15.5. In particular, users are strictly prohibited from using contacts obtained through the Marketplace site to sell products currently on the site, or which have been on the site in the past, via alternative marketing methods. This also applies to products that may not be present on the site but have characteristics identical to the products on this site.
15.6. Violation of the above regulation will entitle Marketplace to demand the user responsible to pay compensation for the loss, up to the amount of the sum that would have been due had the sales been validly offered and completed, and may also suspend and/or close the account of the offender.
15.7. Users offering a product for sale must inform potential buyers of the sale price and the terms, timing and cost of shipping, in accordance with laws in force.
15.8. Any user offering a product for sale must specify the nature of their personal contribution to its production.
15.9. Anyone offering a product for sale is prohibited from requiring the buyer to contribute to the payment of the Marketplace contribution fees.
15.10. The description of the products sold must be complete, and may not be posted merely by referencing another website address.
15.11. To enable users to find the products they are interested in easily, and to prevent unfair commercial practices, all products must only be entered in the category or categories that are relevant.
15.12. All product rating activities, including comments, messages and other similar activities permitted on the site, must be relevant to the products and must not be offensive, defamatory or concerned with unrelated issues. Self-ratings are strictly prohibited.
15.13. No recourse may be made to information technology tools that could damage the site or cause inconvenience to users or third parties, including but not limited to the circulation of viruses, the use of automated search or data mining techniques, hacking, or attempts to copy users' credentials without authorisation.
15.14. Users may not collect any personal details from other users on Marketplace without their consent law nor may they re-use personal data obtained in connection with communications or transactions with other users to send publicity material, or for any purpose unrelated to the conclusion of the transaction, without the express consent of the user in question.
15.15. Users are strictly prohibited from utilising dishonest marketing strategies such as spamming, the inclusion of irrelevant keywords and similar.
15.16. To describe the products, any language may be used, however, if Italian or English is not used the seller must provide the same indications given in their main language in one of those two languages.
15.17. Users are prohibited from entering URLs that refer to other websites in their advertisements, unless they are links to pages that give further information about the product or the sales method. Such pages must not in any case contain any content that is inherently or due to its format in conflict with Italian law, nor may such pages make total or partial reference that is unrelated to the object of the advertisement unless they are referred to merely for descriptive purposes.
15.18. No content may be published that may prejudice the accessibility and functioning of the Marketplace site.

16. Obligations for users selling products or services on a professional basis.

16.1. Any user who utilises the Marketplace site to sell goods and services on a professional basis must expressly state this, and must comply with all the disclosure and communication obligations imposed by Italian law and by the law of their country of residence, if not Italy.
16.2. The terms and conditions determined by such users may not conflict with the Marketplace Terms & Conditions.

17. Disciplinary measures due to violations of the law or of these Terms & Conditions

17.1. When using the Marketplace site, all users must strictly adhere to the obligations imposed by Italian law or the law of their country of residence, and any provisions of these Terms & Conditions and the related legal documents, in particular the Data Protection Statement and the Marketplace Guidelines.
17.2. In order to maintain the regular, orderly use of the site, and to protect itself, the users and third parties against any damaging or harmful consequences deriving from non-compliance with the law or with these Terms & Conditions, Marketplace may apply disciplinary measures to the user if a violation is verified. The measures will take into account whether the offence was repeated or not, and will reflect the gravity of the violation, damage or peril caused by the user.
17.3. The following disciplinary measures will apply, in observance of the above:
a) a warning, consisting of a written warning sent to the user, specifying the unauthorised conduct and ordering the user to cease such conduct immediately;
b) suspension of the user from all or part of the rights to use the site, including the functions relating to advertisements which may be interrupted or blocked;
c) definitive exclusion from the site, and deletion of the account.
17.4. All the above measures, with the exception of the warning, will only be applied after the user has been sent an invitation to provide justification with a precise description of the disputed conduct and indications of the disciplinary measures that will be applied. The user may provide justification, and submit documentation if necessary, within 48 hours from receipt of the complaint. The disciplinary measure or less serious measures may only be applied after the 48-hour period has expired.
17.5. In urgent cases, when any delay could jeopardise the orderly functioning of the site, the disciplinary measures will be applied without notice but in any case the user will be informed, with adequate justification.
17.6. No form of review of the measures will be permitted.
17.7. If the measures result in the definitive termination of the user's advertisements or deletion of the account, the user must pay Marketplace the fees accrued for the transactions completed until the deletion takes place.
17.8. Even if no violation attributable to the user has been verified, Marketplace may remove any advertisements that are not in line with the site's mission and in such a case, if the advertisements were not posted through fraud or gross negligence, the user will have the right to the re-crediting of the insertion fees.
17.9. Marketplace may also invalidate any coupons that were issued or bought for any fraudulent or deceptive purpose.

18. Reporting of violations of these Terms & Conditions

18.1. Users may send Marketplace reports concerning supposed violations of these Terms & Conditions, which have been encountered by other users.
18.2. Third parties who are not users may send such reports if the violation infringes any of their rights, for example the publication of defamatory content, or the infringement of intellectual property rights.
18.3. If the above reports are sent via a legal representative or agent, the person making the report must attach a scanned copy of the document proving his or her powers. If the reports are sent through a lawyer, the lawyer must also confirm that he or she has received a specific authority from the interested party.

19. Disclaimer.

19.1. Marketplace is not responsible for any damage caused to the user due to non-compliance with its obligations or due to any fact attributable to the user, except when this occurred through fraud or gross negligence and in any case within the limits of the damage that could have been predicted at the time the contract was entered into.
19.2. Marketplace declines all liability for any damage caused by users to any third party for any reason by using the site, if such damage was caused by a violation of the law, of these Terms & Conditions, or of any other related legal document.
19.3. If Marketplace is summonsed in legal proceedings following claims for compensation for losses caused solely by an action of the user, and is therefore ordered to pay sums of money for any reason, including legal fees incurred by the user itself and by the other parties in the proceedings, the user who caused the proceedings must reimburse Marketplace with the full amount of such costs.
19.4. Marketplace will carry out periodic maintenance of its website, and will do so in a way that minimises the inconvenience to users. Insofar as possible, the maintenance operations will be carried out at off-peak times, and if the work continues beyond a reasonable period, users will receive adequate advance notice. It may also be necessary for extraordinary maintenance works to be carried out as a result of unexpected, unforeseeable events such as attacks by hackers or viruses. The users are informed that in relation to such circumstances Marketplace cannot guarantee constant access to the site at all times.
19.5. It is agreed that Marketplace declines all liability in relation to the content, including external content accessible through links uploaded independently by users, nor is it obligated, in the absence of any report received from persons with authorisation in relation to the rights claimed or from the public authorities in the cases governed by law, to monitor any illegal content.
19.6. In the cases in which, by law, the disclaimer provided in the above paragraphs does not apply, the user may exercise his or her rights without such limitation having any significance, in particular when the actions may threaten the life, personal safety and health of the user, or are related to fraud.

20. Duration and determination

20.1. The Terms & Conditions are binding upon the parties for an indefinite period and may therefore be unilaterally terminated either by Marketplace or by the user with seven days' notice.
20.2. The user may exercise the right of termination via the simplified process, by sending Marketplace written notice by post, by email at the address (specify email address) or simply by deleting their profile using the relevant function.
20.3. Marketplace may terminate the contract for any reason permitted by laws in force, including termination due to breach of contract, if the user is in default on the payments due, and in any case Marketplace may temporarily suspend the user from utilising all or part of the services available on the site.

21. Rights of use

21.1. Marketplace shall enjoy the rights necessary for the implementation of the contract regarding the content uploaded to the online platform, with reference to the related intellectual property rights, for the purposes of reproducing, distributing, re-elaborating and rendering them accessible, and only for that purpose. Such authorisation shall remain in force even after termination of the contract.
21.2. Marketplace is also authorised to use, in the same way, any content uploaded by the user for demonstration purposes, for advertising initiatives relating to the promotion of the site, by any means.
21.3. Apart from the above uses, the user shall retain full rights of intellectual property.
21.4. Within the limits of the above provisions, the authorisation shall also apply to third parties to whom the rights are granted or assigned under sublicence by Marketplace.
21.5. In any case, Marketplace is under no obligation to pay any compensation to the user for the exercise of such rights, as they are obligations necessary for the best execution of the contract and facilitate the user also with regard to technical and operational aspects.

22. Assignment of contract

22.1. Marketplace may assign to a third party all or part of the contract with the user or the obligations deriving from that contract, and therefore the rights and obligations provided for in these Terms & Conditions shall pass to the assignee.
22.2. For such assignment to be valid, Marketplace must give prior notice to the user who may unilaterally withdraw from the contract by giving notice in the same way applicable to the exercise of the right of termination, within 20 days from the date of notification of assignment, with effect from the seventh subsequent day. If the termination does not take place within that deadline, the assignment will be deemed to be completed.

23. Amendments to these Terms & Conditions

23.1. Marketplace may amend these Terms & Conditions at any time by notifying the user through the email address connected to their account, with a request for confirmation.
23.2. The user must communicate via the same method, by replying to the above communication and expressly accepting the above changes which will be deemed to be accepted in any case if, the confirmation having been received, the user does not declare, by the same method, their intention to withdraw unilaterally from the contract during the subsequent 30 days.
23.3. The provisions of Article 22(2) shall apply insofar as compatible.

24. Official version of these Terms & Conditions.

24.1. The version binding on Marketplace and on the user at the time when a significant event for the execution of the contract occurs is the version in force at the time of that event, as stated in a suitably obvious part of the site. If that version is available in several languages, the Italian version shall prevail.

25. Non-assignment of legal action.

25.1. Any legal or extrajudicial action taken by the user against Marketplace with reference to execution of the contract governed by these Terms & Conditions is strictly personal and may not be assigned to any third party in any way or for any reason.

26. Governing law and forum.

26.1. The contract between the user and Marketplace is governed exclusively by the laws of Italy.
26.2. Any dispute deriving from application of the contract and of these Terms & Conditions shall be referred to the Italian courts, and in this regard the competent venue shall be (specify, depending on company address).

27. Related legal documents.

27.1. The following documents form an integral part of these Terms & Conditions and are therefore binding on the user when the contract is signed:
a) The Marketplace Guidelines: in the latest version, outlining the rules of conduct to be observed for the correct use of the site, and giving specific details of the types of product that can be sold through it;
b) The Marketplace Fees: in the latest version, indicating the amounts of fees to be paid by users of the site;
c) The Marketplace Data Protection Statement: in the latest version, describing the ways in which personal details are collected and processed, the type of details collected, their object and purpose, and any other indications required by the laws in force. The acknowledgement of this document authorises Marketplace to process the personal details provided, within the above limits.