General Conditions of Service
General Terms and Conditions.
The publication of products on the site www.edifacile.com, owned and managed by Soc. AD5 SRL (C.F. / VAT 04314400989), based in Via Venzaga 1 - 25018 - Montichiari (BS - Italy), must be understood to be governed by these general conditions.
Through the aforementioned site, registered users - professional or non-professional - can interact with each other, posting ads for sale/purchase or contacting sellers advertisers to establish negotiations of a commercial nature, by filling out forms.
For everything not regulated herein, reference must be made to Italian law.
1. Conclusion of the contract
1.1 Before proceeding to the conclusion of any transaction and / or activity through the site, the Customer is required to carefully read these general conditions and to place the flag in the appropriate box, thus acknowledging that they have read and understood the terms.
The Soc. AD5 SRL provides users with a platform for the publication of offers and/or advertisements for the sale/purchase of material of various kinds such that, other interested users can make offers of purchase/sale directly to the advertiser, after contacting him by filling out the relevant form.
The service offered by Soc. AD5 SRL therefore has as its object only the activation and verification of the constant functionality of the platform that allows users to interact with each other but not also the negotiations and / or sales between the users themselves who regulate, therefore, in a completely autonomous manner and without any involvement of Soc. AD5 SRL, the definition of their contractual relationships.
1.2 The contracts concluded with the Soc. AD5 SRL are governed by Italian law and, in particular, by Legislative Decree September 6, 2005, n. 206 (Consumer Code), as applicable and by Legislative Decree April 9, 2003, n. 70 (Implementation of Directive 2000/31/EC).
1.3 It is understood that, to be valid, any amendments to these general conditions must be in writing and expressly accepted by Soc. AD5 SRL.
1.4 It is the right of the Company AD5 SRL to unilaterally amend these general conditions, should the opportunity arise. Any changes will take effect from their publication and for the future unless they are put in place to comply with an order of the Authority, in which case they may have retroactive effect.
1.5 In the event of a change in these general conditions, notification will be sent to registered users who may or may not accept the new general conditions. They will be considered accepted not receiving different communication, by registered letter A.r or by Pec within the term of 30 days from the receipt of the communication of the aforementioned modification. Failure to receive the aforementioned communication will constitute tacit acceptance.
It is understood that the aforementioned notice period will not apply if the changes result from the need for the Company AD5 SRL to comply with a legislative and/or regulatory obligation or to deal with an unforeseen and imminent danger related to the services offered (e.g. fraud, malware, spam, data breaches or computer security risks) that requires it to take action on the general conditions and does not allow it to comply with the aforementioned deadline.
2.1 The Soc. AD5 SRL manages the platform (website) on which registered users (hereinafter also Customers) may publish their ads and which anyone can access in order to view their content and possibly interact for the conclusion of the purchase or even just to acquire additional information with respect to what is placed for sale.
2.2 The services offered by Soc. AD5 SRL consist, therefore, in making available to the customer a showcase in which to publish the ads and make them visible to third parties on the Site and thus make them accessible to anyone even by search on the various engines.
The ads can also be managed directly by the advertisers who will be able to modify and/or remove them independently, simply by accessing the personal area made available by AD5 SRL for this very purpose. Access to the personal area involves the registration of the client on the site and the generation of a user name and password (login credentials).
2.3 The Customer declares that he/she is aware and accepts that Soc. AD5 SRL, as part of the execution of ordinary and/or extraordinary maintenance work, may temporarily suspend access to his/her personal area, which will, however, be restored as soon as possible.
2.4 In addition to the basic service offered by the Company AD5 SRL, you can also purchase optional services that will eventually be offered by notification in the Personal Area or by e-mail with a description of the optional service offered and its cost.
2.5 The Customer declares that he/she is aware and accepts that the use of the basic service and any optional services offered by the Soc. AD5 SRL must be made only and exclusively for the purposes of the site and that he/she may not make improper and/or illicit use of it, assuming, in this case any and all relative responsibility.
2.6 The Customer declares to be aware and accept that the Company AD5 SRL may independently vary the offer of basic services and optional services due to its own interest and to this the Company AD5 SRL undertakes to notify the changes to the Customer who may, in this case, withdraw from the contract by notice to be sent to the email address email@example.com within 30 days of receipt of the notice of intervening change in the service offered. In case of failure to respond within the specified period, the changes will be deemed tacitly approved by the Customer.
2.7 the Customer declares to be aware and accept that the Company AD5 SRL may also use the work of third parties for the provision of the service (basic and/or optional) offered by the site and the subject of this contract and to this expresses its consent to the Company AD5 SRL to communicate to third parties the data of the Customer, as well as the ads published accompanied, possibly by the relevant photographs and in any case any and all information entered in the personal area.
2.8 The Customer declares to be aware and accept that on the site www.edifacile.com may be published, at the same time, other ads having as their object goods identical or similar to the one placed for sale by the Customer.
2.9 The Customer declares to be aware and accept that the Company AD5 SRL at its own discretion, publish advertisements on all pages of its site, which remains, however, solely responsible for the content of its ads.
2.10 The Client declares that it is aware and accepts that Soc. AD5 SRL analyzes the data of advertisers for statistical and profiling purposes.
With regard to the evaluations issued by third-party potential buyers, the Soc. AD5 SRL will remove reviews/evaluations that are clearly illicit and/or of offensive or defamatory content, or incorrect, after being informed by the Client who, therefore, assumes the burden of verifying the content of the reviews referring to the service offered by him.
The Company AD5 SRL has no obligation to check the reviews issued by potential buyers or to verify and evaluate the facts between The Client and the potential buyer as represented by The Client himself and/or the buyer.
The placement of ads on the Site depends on several factors and such placement may be influenced by Clients through Optional Paid Services. More details on the criteria for placement of ads are explained at the following link: https://www.edifacile.com/pl/pricing/.
2.11 the Client, throughout the duration of the contractual relationship, will have unrestricted access to the data generated by potential buyers' access to its ads.
2.12 It is understood that any and all finalization of the contract for the sale of goods or services advertised through the portal www.edifacile.com must take place directly between the Customer and the potential buyer. The Company AD5 SRL is not and cannot be considered as a mediator and/or intermediary or in any way involved in the contractual relationship between the Client and his counterpart, even in relation to the pre-contractual negotiation phase.
2. 13 The Client formally undertakes to notify, immediately, the Company AD5 SRL of any and all possible breaches of his account and/or theft of his access credentials.
In the event that the Customer has forgotten his username and/or his access password, he may proceed to recovery by means of temporary password that must be changed at the first subsequent access. The temporary password will be sent to the email address provided at the time of registration.
2.14 the Customer declares that he/she is aware and accepts that the Company AD5 SRL will keep a copy of the advertisements until their natural expiration, that is, for the period of two years, unless the user decides to extend their validity. Therefore, the advertisements cannot be retrieved once they have been deleted from the site, the aforementioned term having expired.
2.15 the Client declares that he/she is aware and accepts that the service offered by Soc. AD5 SRL provides for the publication of ads and data only for the entire period of validity of the contract itself with express prohibition of the assignment of the contract as well as the use of the site for purposes other than those indicated above.
It is therefore prohibited for the Client to:
a) access the Data Bank of the site or its Data through third party application programs or otherwise different from those provided by Soc. AD5 SRL for whose use the User has been enabled through the password and identification code;
b) reproduce, manipulate, copy, disseminate and use in any way any content of the database other than the User's own Data, including through other Internet sites or in other media;
c) use or publish the Data through third party sites by using links between them and the Site or by exposing therein the distinctive signs or identifying data of Soc. AD5 SRL.
Any and all violations of the aforesaid prohibitions will result in the application of a contractual penalty, agreed, as of now, in the sum of € 1,000., subject to the right to take action for compensation for all further damages suffered and to be suffered, as well as to take any possible legal action for its own protection.
By reason of the above, the Customer shall indemnify and/or otherwise hold harmless the Company AD5 SRL from any and all claims of third parties related to the violation of the prohibitions as outlined above.
2.16 The Customer expressly accepts and declares that he/she will have nothing to claim from AD5 SRL by reason of any misunderstandings suffered by reason of the use of the application program of AD5 SRL while holding the latter harmless from any claims of third parties related to the above.
2.17 The Customer, through its personal area, will be solely responsible for the content of its ads, which it can directly manage by directly intervening in their content, even after they are put online.
2.18 The Company AD5 SRL will not retain the data of the Customer, who, therefore, must independently make a backup copy of what they are interested in.
3. Use of personal data
3.1 The Customer declares that he/she has been informed and accepts that the personal data entered during the procedure of purchasing the basic and/or optional services offered by the Soc. AD5 SRL, may be disclosed to third parties for contractual purposes, as better specified above as well as to transfer to third parties the data acquired together with the obligations and rights acquired with such data.
With the purchase of the services offered, the Customer also grants AD5 SRL, indefinitely and without territorial limitations, the following rights:
1) Right to store the Data and to use it in databases: the right to store the Data in any way, in particular to store it in digital format, to place it in the database to record it on any media, currently existing or future, for recording and on any other storage media and to combine it with other works or parts of works;
2) Right to copy and distribute the content of the Data: the right to record the Data, to copy them, to make them accessible to third parties or to disseminate them, even in part, through any electronic medium or means of communication (such as, but not limited to, the Internet, newspapers and periodicals in general);
3) Right to modify the Data: the right to modify the Data, in particular to abbreviate, supplement and link them with any other lawful content, always in compliance with the purposes of the Contract (e.g., to change formats and resolution, add visual components, represent them in other contexts).
4) Right of reproduction to the public: the right to reproduce the content in a non-tangible format, in particular by making it accessible to the public through all media (in particular, websites, web apps), regardless of the technology used and the mode of transmission; Right to use the content, in accordance with the legislation on the protection of personal data, for the purposes of analysis, platform development, product development and marketing, within the limits of the above-mentioned legislation.
3.2 It is understood and the Customer expressly agrees that the data relating to the published ads, including the advertiser's contact details, shall be visible to all persons with an Internet connection who view the page. Such ads and such data may eventually be taken by any visitor to the site, free of charge.
3.3 the Soc. AD5 SRL will use the data collected in accordance with current legislation and in any case within the limits and terms set out in the information on the processing of personal data visible at the following link: https://www.edifacile.com/pl/privacy/.
4. Industrial and intellectual property law
4.1 The data will be protected in accordance with current Italian legislation on industrial and intellectual property. Any improper use, by the Customer, of trademarks, logos etc. of third parties will remain the sole responsibility of the Customer himself, such that he will hold AD5 SRL harmless from any and all claims for damages made by third parties by reason of the intervening violation of industrial property.
4.2. It is understood that - should third parties contest the publication of ads in violation of the rules of industrial law and intellectual property and these objections are supported by appropriate documentation to substantiate the action the Soc. AD5 SRL reserves the right, unquestionable, to obscure the ad and possibly remove it from the site, even without prior notice to the Customer if the urgency of the matter is recognized.
4.3. In this case, the Company AD5 SRL disclaims any liability to the Customer.
5. Software use
5.1 The Customer declares that he/she is aware and accepts that the software and application programs are the property of AD5 SRL, which grants them to the Customer for use only for the duration of the contractual relationship, with express prohibition of transfer to third parties or illegal or improper use of the same.
5.2 Any and all unauthorized reproduction of the software and application programs, as well as their use for purposes other than those covered by the contract is strictly prohibited.
Any and all violations of the prohibition of copying/reproduction/assignment of the programs owned by Soc. AD5 SRL granted for use to the customer, will result in the legal termination of this contract, with the right of Soc. AD5 SRL to compensation for all damages suffered and to be suffered, reserving the right to take action in all appropriate jurisdictions to protect its rights.
5.3 The Customer expressly undertakes, in the event that he/she engages in conduct contrary to the prohibitions, to indemnify and in any case to hold harmless the Soc. AD5 SRL from any and all claims made by third parties by reason of the violation of the aforementioned prohibitions.
6. Conclusion of the contract
6.1 The contract may be concluded only by professional persons whether they are natural persons of legal age with the capacity to act or legal persons in the person of the person with the necessary powers.
6.2 In order for the contract to be considered validly concluded, the Client must enter, in the fields of filling in the offer, his own true and complete data, sign and then send the completed form to Soc. AD5 SRL.
6.3 It is at the discretion of AD5 SRL to accept or reject the offer sent by the Client. If, for any reason, the Company AD5 SRL does not consider to accept the offer, it shall notify the Customer within 30 (thirty) days of receipt of the offer. Nothing received by the Customer, the contract will be deemed to be concluded and will begin to produce its effects. It is understood that the Customer's offer shall be deemed as an irrevocable offer for the period of 30 days from its sending.
6.4 If the Company AD5 SRL accepts the offer, it will transmit to the Customer an identification code and a temporary password that will allow the Customer to access his personal area in which he can create his own advertisements, promotional, sales/purchase ads to be published on the site showcase.
The credentials are of a strictly personal nature and cannot be given to third parties for any reason. It will always be possible, however, for the Customer to recover username and/or password in case of loss of the same. Any theft of credentials must be promptly reported to the Company AD5 SRL, which may proceed to block access to the user, sending new credentials to the Customer. Where the theft can be traced back to wilful or negligent conduct of the Customer, the latter will be held liable for any damage suffered by the Company AD5 SRL by reason of the aforementioned theft.
The subscription entered into by the Customer by means of sending the offer and acceptance by the Soc. AD5 SRL, which will be deemed to have formally occurred at the time of transmission of access credentials, provides:
Subscription name, no. ads that can be published, editing of published ads, no. photos for each ad, no. messages that can be sent daily, duration of the subscription, extra services included in the subscription, price.
The Company AD5 SRL allows the publication of ads in the terms indicated above, but does not guarantee a minimum number of views nor a minimum number of accesses, nor does it guarantee the success of the offers received by the Customer.
6.5 in the event that optional services are proposed in the personal area with respect to the purchased service, the Customer can always decide to use them by clicking on the appropriate icon. Activation will take place within 24 hours.
6.6 The Customer formally undertakes to notify the Company AD5 SRL of any changes in their data. It is understood that the Soc. AD5 SRL will proceed to the registration of the data indicated in the offer, therefore any communication sent to the address originally indicated by the Customer will be considered validly completed.
7.1 The costs of the subscription vary according to the services purchased and are those in force at the time of sending the offer correctly completed in all its parts. Any change in price must be communicated in advance by the Company AD5 SRL to the Customer with notice of 30 days. In the event that the Customer does not consider to accept the intervening change may freely withdraw from the contract.
7.2 The Customer will pay the amount due by online transaction (credit/debit card) at the same time as the subscription or bank transfer within 24 hours of subscribing to the service. In the latter case, the activation of the subscription will take place within 24 hours of the crediting.
Any optional services that provide for a one-time payment, must be paid by online transaction (credit/debit card) at the same time as subscribing to the service or by bank transfer within 24h of subscribing to the service. Activation of optional services, in the latter case, will take place within 24 from the crediting of the amounts
7.3 Failure to pay the amount due within the specified period will automatically trigger interest on arrears pursuant to Legislative Decree 231/2002 from the 5th day of delay.
7.4 If the Customer fails to remedy the default within 30 days from the payment due date, the Company AD5 SRL is entitled to suspend services, blocking access to the Customer's personal area. If the non-payment relates to at least two months even non-consecutive, the Company AD5 SRL reserves the right to terminate the contract for the fact and fault of the Customer, with any consequent right to compensation for damages all suffered and suffered.
8. Right of withdrawal
8.1 The contract has a predetermined duration, provided by the subscription signed by the customer himself and is not automatically renewable. It will therefore cease upon natural expiration. No form of refund is provided.
8.2 Upon termination of the contract, the company AD5 SRL will deactivate the user, invalidating the credentials for access to the personal area and prevent access to the services all of the site, except for those freely accessible by anyone visiting the site.
9. Termination of the contract
9.1 In addition to the cases previously indicated, the Company AD5 SRL may terminate this contract, pursuant to and for the purposes of Article 1456 cc, if:
- the economic situation appears such that the same cannot meet the payments;
- it is in the process of liquidation, receivership, files an application for admission to the procedure of arrangement with creditors even if only in accordance with Article 161 paragraph 6 LF or is subject to emergency or precautionary proceedings for infringement of industrial property rights, unfair competition etc.
10. Content blocking
10.1 The Customer expressly undertakes to maintain a decent conduct in the publication of ads and in the use of the features all of the site and to this he declares to be aware and to accept that Soc. AD5 SRL reserves the right to block the publication of ads that it considers, at its own discretion, to have offensive, disparaging, illicit, discriminatory content or that it considers to violate the philosophy of the company.
The Customer is and will therefore be solely responsible for the content of everything published by him on the site, with express exoneration of the Soc. AD5 SRL from any and all liability inherent and consequent to what the Customer has independently published, as a mere service provider for the transmission and temporary storage of data and information uploaded by the Customer.
The Soc. AD5 SRL therefore has no obligation to monitor the information transmitted and/or stored, nor does it have any obligation to verify the presence of facts and/or circumstances that may suggest the performance of illegal activities on the site and/or outside of it.
10.2 Soc. AD5 SRL also reserves the right to block access to the personal area if it has well-founded suspicions that third parties have taken possession of the Customer's credentials and are misusing the subscription and the site.
10.3 in general, Soc. AD5 SRL reserves the right to intervene, blocking the publication of content and / or access to the site, whenever it considers that there may be a violation of contractual principles, or violations of the rights of third parties that may expose Soc. AD5 SRL to the risk of civil or criminal action
10.4 in the event that the Soc. AD5 SRL in its sole discretion, provides the above, it will notify the Customer, specifying the reasons for which it has decided to suspend / block access and / or content.
The Customer, within 30 days, will be able to take action to remedy the situation and, once the problem detected by the Company AD5 SRL is fixed, the latter will restore the user.
10.5 In the case of repeated violations put in place by the Customer, Soc. AD5 SRL may permanently obscure the user profile and its listings, terminating the contract by right, with all consequences in terms of compensation for damages
11. Customer's responsibility
11.1 The Client is and will be solely responsible for the content of its ads and therefore declares to indemnify and in any case keep indemnified AD5 SRL from any injury suffered and / or suffered by reason of the conduct of the Client itself.
11.2 The Client shall abide by the contractual principles in the publication of its ads and data.
11.3 The Client, in the preparation of its ads shall strictly adhere to the following principles. The ads and data published may not have:
- unlawful, untrue, incomplete, incorrect, outdated or fictitious content;
- ads in which partial prices or prices other than their full amount are indicated;
- ads in which the description does not correspond to the photograph displayed;
- ads of goods already sold or otherwise not available for sale;
- ads that do not present the offer of sale but whose sole purpose is to give visibility to a brand, services, company or social pages, websites, personal pages on other portals;
- ads with images taken from other portals, from other ads, from individuals who have not authorized their publication;
- duplicate, triplicate or repeated ads of the same good and/or service even in multiple locations and/or personal areas that are not part of the same group;
- ads containing racist, discriminatory, defamatory terminology or with offensive and/or derogatory content toward ethnic groups, public or private figures;
- announcements of goods whose sale is prohibited by Italian law; and
11.4 Any ad that violates the above provisions will be immediately removed by Soc. AD5 SRL.
11.5 Only and exclusively goods of which the Client legitimately holds the property, even if only intellectual or industrial property, may be the subject of an announcement
12. Liability of the Company AD5 SRL
12.1 The Company AD5 SRL is exonerated from any and all liability as well as from any and all direct and unlawful damage suffered by the Customer and/or third parties by reason of the content and/or the activity carried out by the Customer on the site.
12.2 The Company AD5 SRL is not responsible for the quality of the images published as well as the discrepancy between what is represented and what is actually sold.
12.3 If, for causes attributable to the Soc. AD5 SRL the Customer suffers the loss of its data, it will be the responsibility and care of the Soc. AD5 SRL to proceed to their recovery and restoration in the shortest possible time. In this case, the Customer must provide the Soc. AD5 SRL with a backup copy of their saved data, so that the Soc. AD5 SRL can proceed, at its own care and expense, to upload them to the site.
12.1 The Soc. AD5 SRL guarantees the accessibility of the personal area of the site to the Customer for the entire duration of the contractual relationship. If, for technical reasons, it is temporarily not possible to access it, the Soc. AD5 SRL undertakes to do everything in its power in order to restore access as soon as possible.
12.2 The personal area is accessible by the Customer at any time except when routine maintenance will be put in place, The maintenance operations and the consequent unavailability of access will, however, be communicated by the Company AD5 SRL to the Customer well in advance.
12.3 No responsibility can be ascribed to the Company AD5 SRL for momentary interruptions of service that depend on the execution of the maintenance of the site or from causes not attributable to it.
12.4 No responsibility can be ascribed to SOC AD5 SRL for incomplete, incorrect, false data provided by the customer during registration for billing purposes.
13. Assignment of the contract
13.1 This contract is not assignable by the Client to third parties without the prior written consent of AD5 SRL. This prohibition remains even in the event of transfer of company and/or business branch.
13.2 The Soc. AD5 SRL may transfer this contract to other companies that are part of the same group or to third parties, provided that the same is transferred on the same terms and conditions and guarantee with which it was entered into with the Customer, In the case of transfer, the Soc. AD5 SRL will promptly notify the Customer at the addresses provided at the time of registration and the latter, within 30 days of receipt of the notice may withdraw from this contract without charge and cost.
13.3 failure to give express notice of refusal shall be deemed acceptance by the Customer of the assignment of the contract.
13.4 The Parties agree that if even one of the clauses of this contract is found to be invalid, incomplete and/or unenforceable, this will not affect the validity of this contract, which will remain in force for all the rest.
14. Applicable law and dispute resolution
14.1 The General Conditions are governed by Italian law and in particular by Legislative Decree No. 206 of September 6, 2005, on the Consumer Code to the extent applicable, with specific reference to the regulations on distance contracts and Legislative Decree No. 70 of April 9, 2003 on certain aspects concerning electronic commerce. For anything not governed by this contract and/or special laws, reference must be made to the rules of the Civil Code
14.2 For any dispute arising from these general conditions, it is agreed, in accordance with the law in force, the jurisdiction of the Court of Brescia, except where the consumer's forum applies.