Terms and Conditions Third-party Provider

Modified on Mon, 12 Dec 2022 at 12:30 PM

This document contains the general terms and conditions on the basis of which the use Third-party Providers, other than the application owner, offer users their products available on the web site and on the application Atriums Marketplace.

  1. Definitions

    To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:

    • Third-party Provider: the natural or legal person, other than the Owner, who offers the Products through the Application in the performance of their trade, business or profession, whose identification details are indicate in the Application within the relevant Product pages
    • Owner: Atriums Marketplace S.r.l. con Unico Socio, with registered address in Viale Rimembranza 28, 12068 Narzole, CN, Italy, VAT Number 04031370044,
    • Application: the web site and the application Atriums Marketplace, hosting a platform managed by the Owner which allows the contact of Users interested in the products offered by the Third-party Provider
    • Products: services, sold by the Third-party Provider
    • User: any person who accesses and uses the Application
    • Consumer User: the natural person of legal age who enters into a contract for purposes which are not related to his trade, business or profession
    • Professional User: the natural person of legal age or legal person who enters into a contract for the performance or for the needs of his trade, business or profession
    • Conditions: this contract which governs the sale or supply of the Products offered through the Application by the Third-party Provider both by means of distance communication techniques and without the aid of these
  2. Scope of the Conditions

    The Owner is not a party to the relationship that will be established exclusively between Users and Third-party Providers and does not assume any liability arising from the relationship established between them, being regarded a mere technical manager of the Application. Therefore, any contract entered into between Third-party Providers and Users is not subject to these conditions.

    The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and / or any other note, legal notice, information published or referred to therein, the User shall not use the Application or the services related.

    The Conditions may amend at any time.

    The applicable Conditions are those in force on the date of transmission of the purchase order of a Product.

    Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.

    The Owner reserves the right to change, at his own discretion and at any time, even after the User has registered, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application, communicating to the User the relative instructions, when necessary.

  3. Purchase through the Application

    All Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, supply and execution times, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published in the Application and the Product may occur. Furthermore, the images of the Products shall be considered as a mere representation and do not constitute a contractual element.

    Purchases of one or more Products through the Application are permitted both to Consumer Users and to Users.

    Purchases are permitted only to natural persons of legal age. For minors, any purchase of Products through the Application shall be examined and authorised by the parents or those exercising parental authority.

    The offer of Products through the Application shall be deemed as an invitation to prepare an offer and the order sent by the User as contractual purchase proposal, subject to the confirmation and / or the acceptance of the Third-party Provider as described below. Therefore, the Third-party Provider has the right to accept or refuse the User's order or delivery request at its discretion. Accordingly, the User is not entitled to complain about the Third-party Provider’s decision for any reason.

    The contract of sale of the Products is deemed to be concluded with the Third-party Provider’s acceptance of the User’s contractual purchase proposal. The Third-party Provider shall inform the User of the acceptance by sending an order confirmation to the e-mail address indicated by the User. The confirmation shall contain the date of the order, User’s data, the characteristics of the Product and the information on its availability, the price or the manner in which the price is to be calculated, further charges and / or taxes, supply and execution times, the procedures for exercising the right to withdrawal or its possible exclusion and the guarantee.

    The contract of sale of the Products is not effective between the parties in absence of what is indicated in the preceding paragraph.

    In the event that the Product is not available, the Third-party Provider shall inform the User the new terms of delivery and ask if the User intends to confirm the order. It is understood that the contract shall be deemed as concluded only with reference to the Products accepted by the Third-party Provider.

    The User shall verify the correctness of the data reported in the order confirmation and immediately notify the Third-party Provider of any errors. The User shall keep a copy of the order, of the confirmation and of the Conditions.

  4. Subscription

    The Application offers subscription Products from the Third-party Provider. The features and methods of subscription are detailed in the Application.

    In order to subscribe, the User shall follow the procedure indicated in the Application and provide the requested information. The subscription fees, if any, shall be charged on the specified date and with the frequency indicated at the time of purchase.

  5. Prices and payments

    For each Product the price, including VAT, if due, is indicated. If the price cannot be calculated in advance, due to the nature of the Product, the methods for calculating the price shall be indicated.

    Furthermore, all possible taxes, additional costs the destination, the chosen delivery method and / or the payment method used shall be indicated. If these expense items cannot reasonably be calculated in advance, there shall be an indication of which expenses to be charged to the User.

    The Third-party Provider reserves the right to change the price of the Products as well as any additional costs at any time. It is understood that price changes shall in no case affect the contracts already concluded before such change.

    The User undertakes to pay the price of the Product directly on the Application within the times with and methods indicated in the Application and to communicate the information requested.

  6. Billing

    The User who intended to receive the invoice for the payment shall provide the Third-party Provider with the billing information. In this case, the User declares that the information provided is true and releases the Third-party Provider from any liability in this regard.

  7. Delivery method of services

    The Third-party Provider shall and/or provide the services to the User, in the manner and at the time indicated in the Application and detailed in the order confirmation.

    In the event that it is not possible to and supply the services within the aforesaid terms, the Third-party Provider shall promptly notify the User via e-mail, indicating the expected time of the delivery or the reasons that make the delivery impossible.

    If the User does not intend to accept the new term or the delivery has become impossible, he can request the refund of the amount paid. The refund shall be paid promptly with payment method used for the purchase, within a maximum of 14 days from the date on which the Owner became aware of refund request.

  8. User’s right to withdrawal from the purchase of services

    The Consumer User has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 30 days from the date of signature of the contract, by sending a written communication to the e-mail address help@atriums.com, using the optional withdrawal form in the following article or any other written declaration.

    The Professional User has the right to withdraw from the contract without penalty and without specifying the reason, within the term of 30 days from the date of signature of the contract, by sending a written communication to the e-mail address help@atriums.com, using the optional withdrawal form in the following article or any other written declaration.

    In case of withdrawal exercised correctly, the Third-party Provider shall refund the payments received by the User. The refund shall be paid promptly with payment method used for the purchase, within a maximum of 14 days from the date on which the User has communicated to withdraw.

    The User acknowledges and accepts to lose the right of withdrawal after the complete provision of a service. Where the provision of the service has not been completely carried out and the User intends to withdraw from the contract, the Consumer User remains obliged to pay the Third-party Provider an amount proportional to what has been executed up to the moment in which the right to withdrawal has been exercised. 

    The User acknowledges and accepts that the withdrawal from a subscription does not entail the return of the amounts paid for the Products already used or supplied.

  9. Exclusion of the right to withdrawal of the User

    The right to withdrawal from the contract of sale of the Products by the Consumer User is excluded relatively:

    • to the supply of Products for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Third-party Provider and which may occur within the withdrawal period
    • the supply of Products made to the Consumer’s specifications or clearly personalised
    • to the supply of Products which are liable to deteriorate or expire rapidly. The same applies to all foodstuff Products (including beverages) whose characteristics are subject to alteration also due to incorrect conservation
    • to the supply of sealed Products, which have been unsealed by the User and are not then suitable for return due to health protection or hygiene reasons
    • to the supply of Products that, according to their nature, been inseparably mixed with other items after delivery
    • to contracts where the User has specifically requested a visit from the Third-party Provider or a professional appointed for the purpose of carrying out urgent repairs or maintenance. Where on the occasion of such a visit the Third-party Provider or a professional appointed provides related services in addition to those specifically requested by the User or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal applies to those additional related services or goods
    • to the supply of sealed audio or video recordings or computer software and that have been unsealed after delivery
    • to the supply of newspapers, periodical or magazines with the exception of subscription contracts for the supply of such publications
    • to contracts concluded at a public auction
    • the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance
  10. For more information, the User shall contact the Third-party Provider at the e-mail address help@atriums.com.

  11. Optional form to exercise the right to withdrawal

    The User can withdraw from the contract by using the following form, which must be completed in its entirety and sent to the e-mail address help@atriums.com before the withdrawal period has expired:

    I hereby communicate the withdrawal from the sales or supply contract relating to the following product __________
    Order number:_______
    Date of the order: _______
    Name and surname: _______
    Address: ______
    E-mail associated with the account from which the order was made: ____________________
    Date: __________

  12. Limitation of liability

    The Third-party Provider shall not be held liable towards the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.

    Furthermore, the Third-party Provider will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, the User only having the right to a full refund of the price paid and of any additional charges incurred.

    The Third-party Provider assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, if he proves that he has taken all possible precautions according to the practice and knowledge available and to ordinary diligence.

    The Third-party Provider shall not be held liable for:

    • any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Third-party Provider
    • incorrect or unsuitable use of the Application by Users or third parties
    • the issue of incorrect documents or fiscal data due to errors in the data provided by the User, the latter being the only person responsible for the correct insertion

    In no case the Third-party Provider shall be held liable for a sum greater than twice the cost paid by the User.

  13. Force majeure

    The Third-party Provider shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.

    The fulfilment of the obligations by the Third-party Provider shall be considered suspended for the period in which events of force majeure occur.

    The Third-party Provider will perform any act in his power in order to identify solutions that allow the correct fulfilment of his obligations despite the persistence of events due to force majeure.

  14. Links to third-party web sites

    The Application may contain links to third-party web sites / applications. The Third-party Provider has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.

    Some of these links may link to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Third-party Provider assumes no responsibility.

  15. Privacy

    The User’s personal data will be processed in compliance with current legislation and obligations. The protection and processing of personal data will be in accordance with the Privacy Policy which can be consulted on the page https://help.atriums.com/support/solutions/articles/101000415799-privacy-di-atriums.

  16. Applicable law and jurisdiction

    The Conditions are subject to Italian law.

    For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to courts where the Consumer User resides or has elected domicile, if located in the territory of the Italian Republic, without prejudice to the right of the User Consumer of going to court other than the "consumer court" pursuant to Section 66 bis of the Italian Consumer Code, competent for the territory according to one of the criteria of the Sections 18, 19 and 20 of the civil procedural code.

    The application to Consumer Users who do not have their residence or domicile in Italy of any more favorable and mandatory provisions established by the law of the country in which they have their residence or domicile is reserved, in particular in relation to the term for the exercise of the right of withdrawal, after the return of the Products, in case of exercise of this right, the formalities of the communication and the legal guarantee of conformity.

    For Professional Users, any dispute concerning the application, execution and interpretation of these Conditions will be referred to the forum of the place where the Third-party Provider is based

  17. Online dispute resolution for Consumer Users

    The consumer user residing in Europe shall be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve any dispute relating to and / or deriving from contracts for the sale of goods and the provision of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered online. The platform is available at the following address: https://ec.europa.eu/consumers/odr/.

Date 12/12/2022

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