Condizioni di Vendita

IT  |  EN

Here below are described the terms and conditions at which each Third-party Provider offers to its Users the access to their products that are available on the website AUTOMATIONXONE, b2b.automationxone.com.  

The holder of the application shall not be party to the relationship to be established between users and the third-party provider.

1. Definition

 To allow a full understanding and acceptance of these terms and conditions, the following terms shall have the meanings as indicated below and it should be stated that the same meaning refers both to singular and plural uses:  

  • Holder:Automation X One Srl​, with registered office in via Roma, 39, Cocquio Trevisago

21034, VA, Italia, VAT No. 03666140128, VA - 369969 , e-mail address info@automationxone.com​,   

  • Application: the website AUTOMATIONXONE, b2b.automationxone.com, managed by the Holder, that offers a marketplace e-commerce platform to buy and sell products between small and medium sized enterprises;  
  • Products:​ the products and/or the services offered through the Application;
  • Third-party Provider: the legal entity who offers to its Users the access to their products on the Application and the registered office address, VAT no., REA no. and contact e-mail address of which can be found at the Application page ​automationxone.com/​sellers-legal-section
  • User: the person accessing the Application, regardless of the legal nature and objective pursued, interested in the goods and/or services offered through the Application;
  • Consumer: any natural person who acts for purposes other than the entrepreneurial, business, handicrafts or professional activity performed;
  • Conditions: this agreement which regulates the selling of the Products displayed in the Application, regardless of the use of means of distance communication.

2. Negotiation, signing and applicability of the Conditions

Through the Application, the User will send the purchase requisition for the Products and state expressly to have seen and accepted the Conditions of Sale on the Application and the Privacy Policy of the Holder on the Application. When the Third-party Provider receives a purchase requisition from the User, the Third-party Provider shall send an e-mail or shall forward the User to a web page that confirms the receipt and specifies the purchase proposal. Negotiations to conclude the sale shall happen between the Third-party Provider and the User either on or outside the Application.

The Third-party Provider will send the final proposal to the User with the data relative to the ordering party and the order, the price of the Products purchased, the shipping expenses and any other accessory charges, the manner and terms of payment, the address where the Product will be delivered, the delivery term and indicating their Conditions of Sale and their Privacy Policy to obtain the consent of the User for the processing of personal data.

The Products’ purchase contract is concluded as soon as the Third-party Provider receives the confirmation and acceptance of the order proposal from the User.

The Conditions shall not binding upon the parties in case of failure to fulfil the aforesaid obligations.

The Third-party Provider shall modify or update, in whole or in part, these Conditions. The User acknowledges that any changes to these Conditions shall apply to the orders sent by the Users after the date of notice of the changes to the Conditions. Thus, the User is invited to examine the Conditions upon every access to the Application and it is advisable to print a copy of the Conditions for future reference.

3. Purchase on the Application

Purchases of one or more Products on the Application are permitted to Users who act solely for purposes related to their entrepreneurial, trading, professional or artisanal activities.

The Third-party Provider undertakes to describe and to present the Products sold on the Application to the best of his abilities. Nonetheless, some mistakes, inaccuracies or minor differences between the Application and the actual Product may occur.

In addition, any picture of the Products which may be found on the Application does not constitute a contractual element, but merely provides a visual representation of the Product.

The User expressly confers to the Third-party Provider the right to accept, wholly or in part, the order (for example if not all of the ordered Products are available). In this case, the contract will only be completed with regard to the Products which are actually sold.

 The Third-party Provider has the right to refuse an order:  

  • when the Product is not available;
  • when it is denied the authorization to charge the User with the cost of the Product;
  • when, at the time of purchase, the price displayed is obviously incorrect and is recognisable as such. In such case, the User will be contacted by the Customer Service to be informed of the situation and will be refunded the amount charged.

4. Prices and payments

 The Third-party Provider retains the right to change, at any time, the price of the Products and any related shipping charges. It shall be understood that any changes will not apply to contracts already concluded before such modifications.  

 The selling prices of the Products do not include VAT; any other tax and/or shipping cost borne by the User will be displayed prior to order confirmation.  

 The User undertakes to pay the price of the purchased Products in the times and methods indicated in the purchase confirmation e-mail sent by the Third-party Provider. 

The Application defers all payment services to the Third-party Provider through their third party services and it does not receive nor process any payment details provided by Users. In the event that the above third-party payment services refuse to authorise a payment, the Third-party Provider will not be able to provide the Products and may not be held responsible for any delay or failure in their delivery.

5. Billing

Users who may wish to receive the invoice will be required to provide their billing information. The invoice will be issued according to the information provided by the User, which the latter declares and ensures to be truthful, thus conferring the Third-party Provider with the widest indemnity on the matter. The invoice will be issued by the Third-party Provider to the Users outside of the Application.  

6. Delivery of material Products

A material Product is any good or digital good provided on a tangible medium offered through the Application.

The material Products ordered will be delivered to the User, at the address indicated by these indicated, in the manner chosen by the User or indicated in the Application at the time of purchase. Delivery will occur according to the timings specified in the order confirmation.

Upon receipt, the User must check the conformity of the delivered Products with the order; the User must proceed with the signing of the delivery documents only after this verification, without prejudice to the right of withdrawal.

If an order exceeds the quantity existing in the warehouse, the Third-party Provider, through e-mail, will notify the User if the Product are no longer booked or what are the waiting times to obtain it, asking if it intends to confirm the order or less.

The Third-party Provider assumes no responsibility for any delay or failure to deliver the Products due to force majeure events, such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and any other event that may prevent, in whole or in part, the performance of the contract within due time.

The Third-party Provider shall not be liable towards any party or third parties for damages, losses and costs incurred as a result of a failure to perform the contract for the reasons mentioned above, being the User only entitled to a refund of any price paid.

7. Right of withdrawal concerning material Products Not applicable.

8. Industrial and intellectual property rights

The Third-party Provider declares to be the holder and / or licensee of all intellectual property rights related and / or referring to the Application and / or the materials and Contents available on the Application.

These Terms do not grant the User any license to use the Application and / or the individual Contents and / or the materials available therein. Any other use or reproduction of the Application or material or content included therein is strictly prohibited.

All trademarks, names and figurative or other signs, trade names, service marks, word marks, trade names, pictures, images, and logos appearing on the Application are and remain the exclusive property of the Third-party Provider, or its licensors, and are protected by applicable trademark laws and relevant international treaties.

Any attempt to reproduce the explanatory texts and contents included in the Application, if not authorised, will be considered as a violation of the industrial and intellectual property right of the Third-party Provider.

9. Limitation of Liability

The Third-party Provider shall not be responsible towards the User, excepting fraud or gross fault, for disservices or malfunctioning in relation to the internet network, which are not under its control or the control of its sub-suppliers.

The Third-party Provider shall not be responsible for damages, losses or costs suffered by the

User after the failed execution of the contract for reasons not attributable to the Third-party Provider. The User shall only have the right to the reimbursement of the price and accessory charges already paid.

The Third-party Provider shall not be responsible for the fraudulent or illicit use by third parties of credit cards, checks and other payment methods, at the moment of the payment of the purchased services, whether the Third-party Provider proves the adoption of cautionary measures on the basis of the knowledge and experience available at the time and on the basis of ordinary diligence.

The User agrees to indemnify and hold harmless the Third-party Provider (as well as any company or subsidiary, including its representatives, associates, consultants, directors, agents, licensees, partners and employees) from any obligation or responsibility, including any legal expenses incurred for trial defence, that may arise from damage caused to other Users or third parties, concerning any Content uploaded online, any violation of the law or any terms of the present Terms.

 Therefore, the Third-party Provider shall not be liable for:  

  • any losses that are not direct consequence of a breach of the contract by the Third-party Provider;
  • any loss of business opportunity and any other loss, either direct or indirect, which may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of business contracts or relationships, loss of reputation or goodwill, etc.);
  • incorrect or unsuitable use of the Application by Users or third parties;
  • the issuing of false tax documents due to mistaken details provided by the User, the latter having exclusive responsibility for the correct entry of such details.

Under no circumstances the Third-party Provider will be liable for an amount exceeding twice the cost paid by the User.

10. Force majeure

The Third-party Provider shall not be held responsible in case of failure or delayed execution of duties, caused by circumstances which are not under the reasonable control of the Third-party Provider due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, events beyond the control, e.g. breakdowns or interruptions to telephone or electrical lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications.

The fulfilment of the duties by the Third-party Provider shall be suspended for during the aforesaid events.

The Third-party Provider shall implement any action within its power to identify the solutions that would allow the fulfilment of its duties regardless of the continuation of the force majeure events.

11. Link to third party websites

The Application may contain links to third party websites. The Third-party Provider has no power over these websites and therefore is not, in any way, responsible for their contents.

Some of these links may relate to websites of third parties that provide services through the Application. In these cases, the individual services will be regulated by the general terms for the use of the website and services provided by such third parties, in respect of which the Third-party Provider assumes no responsibility.

12. Waiver

No waiver by either parties to an article of the present Terms shall be effective unless it is expressly stated to constitute a waiver and is communicated in writing.

13. Severability

If any of the provisions contained herein shall result unlawful or invalid, it will not be considered any more as part of the Terms, without affecting the enforceability of the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

14. Privacy

The personal data of the User will be processed by the Third-party Provider in compliance with current legislation and related obligations.

 The Third-party Provider and the Holder of the Application act as independent data controllers.

The processing of the personal data is performed with autonomous and separate purposes.

The protection and processing of personal data will be carried out by the Third-party Provider in accordance with the Privacy Policy in ​Attachment A ​that can be reviewed at the page ​automationxone.com/​sellers-legal-section​. The protection and processing of personal data will be carried out by the Holder of the Application in accordance with his Privacy Policy which is available at the following page ​b2b.automationxone.com/privacy-policy​.  

15. Governing Law and Place of Jurisdiction

These Terms and any dispute concerning the interpretation, performance, validity of this contract shall be submitted to the exclusive jurisdiction of the Court where the Third-party Provider has its registered office.

16. Possible amendments specific to a Third-party Provider

Refer to the page ​automationxone.com/​sellers-legal-section for any possible amendments to the conditions of sales, specific to a given Third-party Provider, which supersede those published above.

 

Date 10/01/2019