DEFINITIONS – “web platform” means a set of web pages linked to each other, all having the same computer address and the same purpose, in relation to which you can register, authenticate using the access credentials and insert or read viewable content to any visitor or and is reserved for users only.
“User” means an individual who uses the service provided through the web platform following registration. The essential condition for being a user is that they have attained the age of majority.
“Registration” means the act of compiling and submitting to the web platform operator the appropriate form containing certain personal information, thereby obtaining credentials for access to the confidential contents of the web platform.
“Visitor” means the person who accesses the web platform, regardless of the registration.
“Seller” means the user who places the information of a good on the web platform to sell it as it assumes to have the legitimate faculty.
“Insertion” means a set of information and files entered by the seller relating to the good being sold, of which some optional and other mandatory disclosures are required.
“Buyer” means the user who, as a result of the award of the auction or to have first confirmed immediate purchase, expresses the intention to purchase a good from the seller as described in the listing.
1. The purpose of the Trovart.com web platform, managed by _________________ (hereinafter also referred to as “the Manager”), is a web platform corresponding to the “trovart.com” domain that allows the meeting of vendors and buyers, and for their transactions to be settled for direct settlement.
2. Applicability of these Terms: These Terms apply to all visitors to the web platform according to Italian law.
3. Liability The Manager assumes no direct or indirect responsibility for any interaction between visitors through the web platform, such as exchanging and inserting information, as the Manager does not play a role in the relationship between visitors. As regards files, the exact performance of services, including in respect of third parties, compliance with the law, lawfulness, offense, respect for copyright or the inventor, any kind of harm or induced harm or loss, auctioning, sales and the success of the transactions in all their details, components, modalities, frequency, phases and consequences, expressly including, as an example, the identity/reputation of the users as well as the shipment, origin, quality, quantity, authenticity of the goods sold, etc.: the sole responsible for the purpose lies exclusively with the visitors. The Manager generally does not take any responsibility for third-party content for advertising purposes or illegal or relating to marketing, nor any use that visitors generally make information published on the web platform or in any way placed there. Publication of advertisements may be subject to control by moderators appointed by the Manager and at thier sole discretion, without any form of assumption of responsibility: in general, any security measure adopted by the Manager in the provision of their Services, such as content controls, payment retentions, antivirus or antispam systems, firewalls, etc., do not involve any form of assumption of liability. The Manager is in no way responsible for any computer tool that allows, directly or indirectly, the operation of the web platform. The Manager is in no way responsible for any loss of information, content, and files entered by visitors.
4. Payments and Fees: The publication of listings is free, except for certain optional options and services that are available at the discretion of the user. There is a percentage to be paid to the Operator only when purchasing the goods and only for consideration for the use of the web platform, without that consideration being able to in any way configure an agent or brokerage relationship for the Manager. Payment to the Manager of the purchase price due to the seller is only by simple delegation, so the payment to the Manager has occurred with immediate effect to direct sales of the seller: the Manager, at his own discretion, has the right to withhold the payment for a maximum of 60 days until receipt of the goods by the buyer or in the event of a dispute or dispute between the seller and the buyer. At the end of the 60 days the Manager may decide to pay the seller the price received or to return the payment to the buyer if the goods sold did not reach the latter or if the goods were returned to the seller.
5. Use of cookies and processing of personal data: The Manager does not in any way require the inclusion of personal data of a sensitive nature pursuant to art. 4 D.lgs. 196/2013, and therefore takes no responsibility for their spontaneous insertion and publication by visitors as well as on the use of others. So-called “cookies” are computer identifier traces of the device used to surf the internet that are automatically transmitted to a subject unless they are disabled by the person using the device: such tracks are by themselves anonymous, so they are not able to ascertain the identity of the person using the device. The Manager reserves the right to collect cookies and non-sensitive personal information by users, using their own or third-party tools, to freely define the data on the use of the web platform by the users themselves, which in the process of the registration agree to do. Such profiling may consist, for example, in storing and collecting preferences of interest (by counting visits) or purchasing habits. Based on these preferences, the Manager can provide its services to individual users in a different way. The Manager also reserves the right to collect cookies by means of own or third-party tools to obtain aggregated information about the number of visitors and how they visit the site or to improve the information service made to visitors, without any form of preference profiling. The Manager also reserves the right to communicate to third parties the email addresses of users for commercial and marketing purposes. However, if the visitor does not want to accept cookies, they can always disable them from their browser settings (Chrome, Explorer, Safari, Firefox, etc.) this way, however, it may not be possible to use some services for which registration is required or may be disrupted. Responsible for the direct collection of cookies and information entered through the site’s own tools is _______________________________, in person of the legal pro tempore representative; The collection could be made, for the above reasons, by third parties such as Google, Facebook and other social networks, however on the initiative and responsibility of _________________. _______________________ is not responsible for any other form of processing of personal data by third parties, whose effects may also occur on the web platform, as its consent has been provided on other sites. According to art. 7 D.lgs. 196/2013 is reserved for the visitor the right to obtain confirmation of the existence or not of personal data concerning him, although not yet registered, and their communication in an intelligible form.
6. Ownership of the Rights and Use of Data, Information, Content and Files: The Operator is the sole sole proprietor of the economic exploitation rights on any data relating to the use of the web platform, information, content and files in it, as they do not already belong to the visitor’s and third-party title: these exclusive rights are reserved. The Manager is free to use and transfer to third parties, including for commercial purposes, the above-mentioned data, information, content and files as well as any information or files published by visitors who, under their sole responsibility, agree to grant the Manager a special non-exclusive license to that effect.
7. Applicable law and jurisdiction: UK law is the only one applicable to the services provided by the Manager through the web platform. For any dispute, the Forum of Milan is exclusive, except for the rules which provide for a different indispensable competence.