Terms and conditions

MARKETPLACE CONTRACT Between
Lasting Dynamics Srl , (hereinafter also only the “Company”), with registered office in Torre del Greco, Via Alcide De Gasperi 131 – registered with the business register of Naples NA959808 – tax code and VAT number – 08460441218 And the “Seller”

  1. Given that
    1. Lasting Dynamics Srl has created and activated the digital platform Live Showcase (hereinafter also the “Transactional Platform” or “Platform”) which can be accessed through the website www.vetrinalive.it or www.vetrinalive.in. (hereinafter the “Site”) with a PC or with a special application for smartphones and tablets called Vetrina Live (hereinafter “the Application”) which allows you to put sellers and buyers in contact for the purchase and sale of goods and / or services through the “on-line” mode (hereinafter also “Marketplace”) with or without delivery to the Buyer’s home.
    2. Lasting Dynamics Srl has full use of the Transactional Platform and the Application.
    3. The “Seller” is interested in using the services offered by the Company, through the “Site” and / or the Application “and therefore hereby expresses his consent:
      1. to adhere to the General Contract Conditions indicated below
      2. to proceed with the registration on the “Platform”.
    4. By accepting the registration process on the Platform, the Seller signs this Agreement, containing the terms and conditions governing the Access and Use Service of the Transactional Platform, the MarketPlace Subscription Service, the Sales Service;
    5. Lasting Dynamics Srl plays the role of manager of the Transactional Platform and, therefore, is, and always remains, unrelated to the Purchase Agreement concluded on the MarketPlace between Seller and Buyer;
    6. the Seller professionally carries out the retail sale of goods and / or services
  2.  

All the foregoing, by signing this document, the Seller, as identified in the Subscription Form completed at the time of registration

ACCEPT this AGREEMENT

with Lasting Dynamics Srl with registered office in Torre del Greco, Via Alcide De Gasperi 131, having as its object the access of the Seller to the Transactional Platform, the Seller’s accession to the MarketPlace and the use by the Seller of the Transactional Platform, of the Services of the Platform, the Sales Service, (Lasting Dynamics Srl and the Seller, cumulatively, the “Parties” or individually the “Party”)
By registering on the Marketplace, the Seller automatically recognizes and accepts what is described below

DEFINITIONS

For the purposes of this Agreement including the premises, the following expressions have the following meanings:

” Buyer ” means the Customer who has purchased a Product from the Seller through the MarketPlace.

” Notice of Termination of the Contract ” means the registered letter containing the notice of withdrawal or, as the case may be, of termination of the Contract

” Privacy Code ” indicates the Legislative Decree 30 June 2003, n. 196 called “Code regarding the protection of personal data” and the EU Regulation no. 2016/679.

” Agreement Termination Date ” means the day following the end of the Limited Access Period as indicated in the Agreement Termination Notice.

“ Date of Receipt of the Notice of Termination of the Contract ” means the date on which the non-withdrawing Party receives the Notice of Termination of the Contract.

” Registration Data ” indicates the personal data provided by the Customers when registering on the Site.

” Domain ” means www.vetrinalive.it or www.vetrinalive.in and relative folders and sub-domains

” Documents ” means the documents that the Seller must upload on the Transactional Platform in order to complete the registration procedure

” Standard Instructions on Withdrawal ” has the meaning attributed to this term by the Consumer Code that the Seller undertakes to observe in accordance with the Applicable Regulations and the Contract.

” MarketPlace ” indicates the virtual space created and managed by Lasting Dynamics Srl, through the Transactional Platform, and accessible through the Site and the Apps, within which Sellers can offer and sell their Products and conclude the related Contracts of Purchase with Customers.

” Applicable Regulations“Means any law, directive, regulation, rule, rule, order, license, permit, authorization, sentence, decision or other provision – of any kind and type, having a legislative or regulatory content – in force at the time of signing the Contract, or entry in force after that time, which is applicable and relevant to the content of this Agreement and / or to the offer, and / or marketing and / or sale of the Products and / or to the Purchase and / or the Sale and / or to the disposal of the Products, as issued / or by the competent authority, including public security, national, community or extra-community, including, in particular, the Decree on Electronic Commerce, the Consumer Code, the EU Regulation no. 2016/679 (hereinafter, “GDPR”) and Legislative Decree 14 March 2014, n.

” Transactional Platform ” means the databases, the Site, the Software, the systems, the methods, the processes, the procedures and the related know-how developed by Lasting Dynamics Srl and through which, on the one hand, the Sellers are put in able to offer the Products for sale online and in store and to conclude Purchase Contracts through the MarketPlace and the App, on the other hand, the Platform Services are provided to the Sellers.

” Platform Services ” means the set of services and functionalities provided by the Transactional Platform and made available to the Sellers, as better described in the Contract.

” Site ” indicates the website that hosts the MarketPlace and which can be accessed through the Domain, whose information structure is the author of Lasting Dynamics Srl, as well as the individual web pages, which are part of the Transactional Platform, conceived, designed, created or which will be made by Lasting Dynamics Srl, in order to allow Sellers to offer and sell Products through the MarketPlace.

” Software ” means computer software, programs (applications and operating), codes, methods, algorithms, relative indications and instructions, installed or to be installed including the relative applications

software, owned by Lasting Dynamics Srl or by third parties and legitimately used by the latter and / or directly or indirectly used for the creation, management, accessibility and operation of the Site and, in particular, of the MarketPlace, for the provision of services and of the activities connected and instrumental to the execution of the Contract as well as the related updates, developments, releases, in existence or that will possibly be carried out by Lasting Dynamics Srl (or by third parties appointed by it) in connection with the MarketPlace.

” Rates ” the amounts owed by the Seller to Lasting Dynamics Srl, by way of consideration for the supply of the Services

” Data Controller ” or ” Owner ” has the meaning attributed to this term by Legislative Decree 196/2003 containing the Privacy Code and by EU Regulation no. 2016/679 (hereinafter, “GDPR”).

” Seller ” means any person who professionally carries out the retail sale of goods and / or services in accordance with the Applicable Regulations and who, depending on the context, intends to join the MarketPlace and / or has already effectively joined it by concluding the Contract .

  1. DESCRIPTION OF THE OFFER – RATES – The platform services offer the possibility of setting up a virtual showcase consisting of a variable number of products and / or services that the Seller makes available to Buyers who have installed the application. Through the Application, the Seller will apply its general conditions of sale in compliance with the applicable legislation in force. The Buyer issues a purchase order with or without home delivery. The application does not currently provide for the possibility of online payment. The service tariff plan is flat-rate and varies according to the number of products displayed:
    1. “Showcase” plan 30 products € 14.90 / month – € 149 / year
    2. “Shop” plan 100 products € 29.90 / month- € 299 / year
    3. “Megastore” plan 500 products € 49.90 / month – € 499 / year
    4. customized plan Products and functions to be agreed upon
  2. PAYMENT TERMS
    1. The payment of the amounts to which 22% VAT must be added is monthly or annually according to the chosen plan. The company will issue a monthly invoice to be paid within seven days by credit card or bank transfer
  3. PREMISES AND ATTACHMENTS to the Contract are an integral and substantial part of the same.
  4. DURATION
    1. This Agreement is for an indefinite period. It is effective from the date on which the Seller requests activation. The effectiveness of the Agreement and its validity are subject to its activation.
  5. RIGHT OF WITHDRAWAL OF LASTING DYNAMICS SRL
    1. Lasting Dynamics Srl has the right to withdraw from the Contract, at any time, and without providing any justification, by sending a registered letter with return receipt with at least 10 days’ notice.
    2. The withdrawal exercised by Lasting Dynamics Srl pursuant to this article will not entail the payment of any penalty and / or reimbursement and / or compensation and / or consideration in favor of the Seller, without prejudice to Lasting Dynamics Srl’s right to compensation for any damage. that it may suffer due to the termination of the Contract and without prejudice to the obligation of the Seller to pay Lasting Dynamics Srl, even after the termination of the Contract, any amount due to it under the Contract.
    3. The withdrawal exercised by Lasting Dynamics Srl pursuant to this article will take effect from the Contract Termination Date.
  6. SELLER’S RIGHT OF WITHDRAWAL
    1. The Seller has the right to withdraw from the Contract, at any time and without any justification, by sending a registered letter with return receipt with at least 90 days’ notice.
    2. The exercise of the right of withdrawal by the Seller pursuant to this article does not release the Seller from the obligation to pay Lasting Dynamics Srl, even after the termination of the Contract, any amount due to it under the Contract.
    3. The withdrawal exercised by the Seller pursuant to this article will take effect from the Termination Date of the Contract.
  7. NOTICE TO FULFILL AND EXPRESS RESOLUTIVE CLAUSE
    1. In the event of violation by the Seller of the obligations assumed under this contract, Lasting Dynamics Srl has the right to notify in writing to put an end to the violation within and no later than 7 days. Failing this, Lasting Dynamics Srl has the right to request the immediate termination of the contract, without prejudice to compensation for damages suffered.
  8.  EFFECTS OF RESOLUTION AND WITHDRAWAL
    1. Starting from the Termination Date of the Contract for any reason, including early termination or withdrawal, all the rights conferred on the Seller by the Contract will cease to have effect, in accordance with the provisions of the following paragraphs of this article.
    2.  Starting from the Date of Receipt of the Notice of Termination of the Contract, in particular, the Seller will immediately cease any activity related to the offer and sale of the Products through the MarketPlace “, without prejudice to the obligation to execute, the Purchase orders will not still processed received before the Date of Receipt of the Notice of Termination of the Contract and complete any activity connected and / or ancillary to the Sales already carried out on that date. To this end, and exclusively for this purpose, Lasting Dynamics Srl will allow the Seller Limited Access to the Transactional Platform for a period of 7 days from the Date of Receipt of the Notice of Termination of the Contract, it being understood that the Seller, even after the Contract Termination Date and / or after the end of the Limited Access Period, it remains, in any case, obliged to the Buyer for the exact fulfillment of the Purchase Contract and for the recognition of all the rights that belong to the ‘Buyer on the basis of this contract, the Seller’s GCS and the Applicable Regulations. The Seller undertakes to keep Lasting Dynamics Srl and the Group Companies harmless and indemnified from any damage, including any sanctions by the competent authorities, they may suffer as a result of the Seller’s failure to fulfill the Purchase Contracts after the Termination Date. of the Contract and / or that it may derive from them in relation to the Seller’s behavior with respect to such contracts after that date.
    3. the Seller accepts and is aware that, starting from the Date of Receipt of the Notice of Dissolution of the Contract, the Seller Card, the Seller’s Trademarks, the Seller’s Materials, the Seller’s GCS, the Legal Documentation and any information will be removed from the MarketPlace inherent to the Seller, its operation on the MarketPlace and / or its offers.
    4. The termination of the Contract, for any reason, does not release the Seller from the obligation to pay Lasting Dynamics Srl, even after the Termination of the Contract, the Commissions of Lasting Dynamics Srl accrued up to the Date of Termination of the Contract and / or any other amount owed by the Seller to Lasting Dynamics Srl under the Contract.
    5. The Seller will hold Lasting Dynamics Srl harmless and indemnified from any request by any other third party with whom the Seller may have had relations in relation to the Sale of the Products.
  9. SUSPENSION OF THE SALES SERVICE
    1. Lasting Dynamics Srl reserves the right to suspend the Sales Service on the MarketPlace, allowing the Seller only Limited Access, in the following cases (“Suspension of the Sales Service”):
      1. breach of the Contact’s obligations
      2. number of complaints from Buyers more than 10% of orders received in a month and 3% of orders received in a year.
  10. INTELLECTUAL PROPERTY RIGHTS OF LASTING DYNAMICS SRL
    1. vetrinalive.it and vetrina live are trademarks owned by Lasting Dynamics Srl, registered nationally and internationally.
    2. The intellectual property rights relating to the Site and the Application are owned by Lasting Dynamics Srl, which grants the Seller, in accordance with the provisions of these General Conditions, the non-exclusive, personal and non-transferable right to use the Site and / o the Application in order to use the services offered through the Platform. This license for use is granted to the Seller free of charge for an indefinite period.
    3. The Seller, recognizing Lasting Dynamics Srl as the exclusive owner of all intellectual property rights connected to the Site and the Application, undertakes not to:
      1. copy, distribute or modify the Application or attempt to access its source code in order to create derivative products from it;
      2. sell, transfer, sub-license, or in any way allow the use to third parties, of the intellectual property rights connected to the Site and the Application.
      3. The Seller also acknowledges that the company name of Lasting Dynamics Srl, the domain of the Site and any other trademark and distinctive sign used by Lasting Dynamics Srl, as well as all the contents published on the Site and / or on the Application are the exclusive property of Lasting Dynamics Srl and / or its licensors. Therefore, the use of the Site and / or the Application does not attribute any intellectual property right to the Seller, who is prohibited from using the aforementioned distinctive signs and / or contents without the prior written consent of Lasting Dynamics Srl and of the actual holder.
  11. INTELLECTUAL PROPERTY RIGHTS OF THE SELLER
    1. The Seller declares to be the owner or in any case to have the rights to exploit the trademarks and / or distinctive signs with which it operates and relating to the goods and / or services advertised on the Transactional Platform and sold through the MarketPlace.
    2. The Seller therefore guarantees and indemnifies Lasting Dynamics Srl from any claim and / or action by third parties relating to the violation of intellectual property rights with reference to the goods and / or services advertised on the Transactional Platform and sold through the MarketPlace.
  12. CONFIDENTIALITY OBLIGATION
    1. The Seller acknowledges that all the information acquired as a result of joining the contract (such as, for example, the methods and terms of operation of the service, the economic conditions established by the parties), are of a “confidential” nature and therefore undertakes to of Lasting Dynamics Srl to:
      1. use such information exclusively for the purposes referred to in the introduction;
      2.  safeguard the confidentiality of such information;
      3. refrain from disclosing such information to persons who are not its directors, employees or consultants, who will be required, for the performance of their functions, to receive and consider such information for the sole purpose of pursuing the purposes referred to in the introduction and who must be informed of the confidential nature of the Confidential Information.
  13. PROCESSING OF PERSONAL DATA (OF SELLERS AND BUYERS)
    1. The Parties pursuant to the provisions of the Privacy Code (Legislative Decree 30 June 2003, n. 196) and the EU Regulation n. 2016/679, aware that the processing will also concern sensitive data pursuant to art. 4, paragraph 1, lett. d) as well as pursuant to art. 26 of d. lgs. 196/2003, give their consent for the processing of data necessary for the execution of the contractual relationship.
    2. The Seller gives his consent to the processing of the information necessary for the activation and operation of the services offered by the Transactional Platform. In this regard, the Seller acknowledges that the information referred to in the Information on the processing of personal data is understood to be transferred free of charge.
    3. Furthermore, the Seller expressly authorizes Lasting Dynamics Srl – directly or through commercial partners – to send, via email, SMS and / or technological means available from time to time on the devices used by the Seller (for example notifications on smartphones), communications relating to services offered through the Transactional Platform and / or promotional initiatives launched by Lasting Dynamics Srl as described in the Privacy Policy and Cookie policy . The Seller is allowed at any time to request the deactivation of the service for sending such communication. In any case, the Seller authorizes Lasting Dynamics Srl to activate the localization function of its business within the navigation system supported by the Platform.
    4. The Seller declares to accept the Seller Privacy Policy provided directly by Lasting Dynamics Srl (automatically generated by the Transactional Platform for each individual Seller) and to guarantee that the processing of personal data takes place exclusively for the purposes described therein, without any reservation. The violation of the Seller Privacy Policy by a Seller towards Lasting Dynamics Srl or towards a buyer is the sole responsibility of the Seller. The non-personalized version of the Seller Privacy Policy can be consulted at this link.
  14. SELLER’S DECLARATION AND WARRANTY
    1. While using the Site and / or the Application, the Seller undertakes to provide truthful, updated and complete information, and not to engage in fraudulent conduct aimed at deriving an unfair profit from the use of the Platform. To this end, the Seller undertakes to guarantee and indemnify Lasting Dynamics Srl in relation to claims for damages that Lasting Dynamics Srl should receive from third parties for any reason, as a consequence of behaviors and / or information provided by the Seller through the use of Transactional Platform.
    2. The seller undertakes to use the Transactional Platform in compliance with these General Conditions, the applicable rules, public order and morality.
    3. The Seller expressly acknowledges and acknowledges for any reason and effect that the completion of the accreditation procedures on the marketplace implies full acceptance of this Agreement, the Terms and Conditions of the Access and Use Service of the Transactional Platform and the Terms and Conditions of the Membership Service. at the MarketPlace
    4. The Transactional Platform allows the seller to advertise their products through reviews, videos, photographs, audio material and the like. In this regard, the Seller is responsible for the contents of the publications made through his account, which must not be contrary to mandatory rules, public order or morality.
    5. Lasting Dynamics Srl cannot and does not intend to ensure surveillance, control, filtering, censorship or any other form of intervention on the contents published by the Seller. The Seller therefore declares and acknowledges that Lasting Dynamics Srl cannot in any case be held responsible for the contents of the data, information and / or images published by him, and declares to guarantee and indemnify Lasting Dynamics Srl from any liability that may arise as a result of the aforementioned publications. In any case, Lasting Dynamics Srl reserves the right to subject the sales activity carried out by the Seller through the Transactional Platform to manual or automatic control by blocking the Seller’s account and removing those contents deemed, at its sole discretion. , illegal,
    6. The Seller also declares to be authorized, according to the provisions of the law in force, to exercise the activity for which he requested registration with Vetrina Live and therefore guarantees and indemnifies Lasting Dynamics Srl from any claim and / or action of third parties relating to violations . The Seller assumes full responsibility for the services and goods sold through the Transactional Platform
    7. In the event of Suspension of the Sales Service referred to in Article 8 and / or deletion of the Seller’s account, access to the Transactional Platform will be inhibited without the Seller being able to assert any rights against Lasting Dynamics Srl for any reason, including compensation.
  15. LASTING DYNAMICS SRL LIABILITY
    1. The Seller acknowledges and accepts that Lasting Dynamics Srl is and always remains unrelated to the Purchase Agreement concluded on the MarketPlace between Seller and Buyer. Furthermore, Lasting Dynamics Srl cannot be held responsible for any interruptions, failures, malfunctions, errors, delays or defects of the Site and / or the Application, including any effects of viruses or other contaminating elements that could affect the functionality of the support. technology through which the Seller accesses the Transactional Platform.
    2. Lasting Dynamics Srl reserves, at its sole discretion, the right to suspend, interrupt, remove or make changes to the Site and / or the Application for management, maintenance and / or updating needs, without having to inform the Seller in advance and without that no liability may arise from this.
  16. PROHIBITION OF ASSIGNING THE CONTRACT
    1. It is forbidden for the Seller to transfer this contract in whole or in part. In case of violation of this provision, Lasting Dynamics Srl has the right to suspend the Sales Service and deactivate the account.
  17. MODIFICATIONS TO THE CONTRACT
    1. Should a clause or provision of these General Conditions be declared null or ineffective, the General Conditions will continue to have full and complete effect for the remaining part, unless one of the two Parties proves that said clause was decisive for the purposes of their subscription.
    2. Lasting Dynamics Srl undertakes to notify the Seller of any changes relating to the MarketPlace Agreement with a notice of not less than 30 (thirty) days from the effective date of the changes. The Seller who does not intend to accept the changes proposed by Lasting Dynamics Srl must communicate in writing his will to withdraw, no later than the aforementioned date, without paying any penalty. The Seller is in any case required to pay any sums accrued up to the effective date of the withdrawal. Failure to exercise the right of withdrawal within the terms provided above constitutes acceptance of the changes adopted by Lasting Dynamics Srl.
  18. COMMUNICATIONS
    1. Any communication relating to this contract must be made in writing to the following addresses: Lasting Dynamics Srl Via Beneduce, 36 – 80059 Torre del Greco – Email [email protected]
  19. APPLICABLE LAW AND JURISDICTION 
    1. This contract is governed by Italian law.
    2. Without prejudice to the application of the provisions relating to the so-called “consumer forum”, any dispute arising from these General Conditions, including those relating to the validity, interpretation, execution and resolution, will be subject to the exclusive jurisdiction of the Court of Torre Annunziata.