TERMS AND CONDITIONS
The website http://www.bozzol.com , together with its related domains or sub-domains, regardless of their name, is a member of e-PlatForm, and exclusive property of FHC S.r.l. (Società a responsabilità limitata, italian form for “Limited liability company”). FHC is registered to the Chamber of Commerce in Cremona, legal head office in Crema (CR), 26013, Via Carlo Urbino 17. http://bozzol.com/ and e-PlatForm.it will be called Bozzol and e-PlatForm from now on, respectively. This terms and conditions must be considered in compliance with the Privacy Notice.
E-PlatForm and Bozzol provide an online marketplace where users (“user” definition will be provided in the following pharagraph), can look for and find new partners, selected according to specific requirements, aiming at expanding their business activity to the international (or even global) level. By using the service, the user accepts Bozzol’s Terms and Conditions described here. The service Bozzol provides and the use of the website eplatform.it are subject to this Terms and Conditions, together with any guideline or policy e-PlatForm publishes on its website. Should any controversy concerning the terms and conditions (or any future modifications of the same) arise, or should the user be unsatisfied with Bozzol’s services, the user can and immediately cease any utilization of Bozzol, freely and for free. E-PlatForm reserves the duty to enforce the Terms and Conditions by moderating its website and settling every civil or criminal law controversy in court.
- Area of applicability, definitions and interpretations
1.1 Area of applicability
Terms and conditions are referred to the services (described below), offered by the website bozzol.com. The online marketplace service for goods and services offered on the websites bozzol.com and eplatform.it is provided and managed by FHC S.r.l., legal head office in Crema (CR), 26013, Via Carlo Urbino 17, Italy.
Together with all the definitions provided in the other parts of the Terms and Conditions document, the following definitions have to be taken into account:
Account: private area reserved to every member. It comprises personal information about the member and it is accessible only through a unique password.
Customer: any member that orders or purchases the products and/or services offered on E-platform’s portal through the website.
Terms and conditions: what is provided for by this document.
Content(s): (i) any file, be it comprised of texts, images, audio and/or video registrations, data and/or information organised in the company database and all of the files, documents and/or information (regardless of format) that e-PlatForm provides through the website, together with services. Any content granted to e-PlatForm with EULA (End User Licensed Agreement) by third parts is considered content as well;
(ii) any file, be it comprised of texts, images, audio and/or video registrations, data and/or information organised in the company database and all of the files, documents and/or information (regardless of format) that are forwarded, copied and pasted, sent, created using Bozzol and E-platform’s services or made available by the website members and/or users.
Compensation(s): the sum owed by a customer for using the platform services and made receivable due to using the platform services and/or accepting an order on the platform.
E-PlatForm: The main portal Bozzol is a member of. E-PlatForm offers a variety of services through different webpages and websites, with Bozzol being one of them.
Personal info: all the pieces of information about members that have been collected through the website, like name, address and phone number.
Tax and/or Taxes: any tax on sales, Value Added Tax (VAT), taxes on good and services, generic taxes, that any provider of sale services concerning apparel, textile products and the design industry, may collect and pay to public institutions, together with any municipal, regional and/or national tax or any deduction and/or tax referred to personal or company earnings.
Member: any user that completes the account registration process on e-PlatForm according to the following “Registration and Account management” paragraph. Every member will be identified thanks to a username, chosen personally by the member upon registration, and not editable at a later time. Members effectively access on e-PlatForm even when they log in from Bozzol.com
Order: a member formal request to purchase a good or service offered on the website.
Service or Product: any product or service that is presented and offered on the website, as defined below.
Website or Platform: the website https://www.bozzol.com, together with all its sub-domains, URL and sections.
Transaction: payment of the compensation(s) owed to e-PlatForm.
User: every person, company or entity that access the website, whether they are members or not.
- Website description
2.1 The website gives access to an online platform (Platform from now on) costumers can use to look for, and find, new partners that can be selected through specific features, in order to expand and internationalise their business activities to an international (or global) scale. Bozzol has no authority on customers and users behavior and is not responsible for their behavior, as provided for by law.
Bozzol has no authority over customers capability of using its products and/or services and their correct use of them.
2.2 Restricted and unrestricted areas.
The website is comprised of an unrestricted area accessible to every viewer and restricted areas exclusive to members. The unrestricted area is comprised of all products and services available on Bozzol. The restricted area is accessible only after a member has been authorized. Members can access their restricted area by using a password set during registration.
The restricted area allows members to:
- Create a nickname (or username) to be identified on the website;
- Access personal information (see privacy notice);
- Create and manage orders and transactions;
- Manage payments and ways of payment
- Registration and Account management
Accounts are exclusive and cannot be transferred to third parties.
The user is registered as a member following his/her own request. Members and users may access and use the platform only by adhering to the standards and specifications described in this terms and conditions document.
Under no circumstances may Bozzol and e-PlatForm be considered a contracting party in a deal involving a User/Member and its costumer, even if the parties have met thanks to the platform.
An user requiring his/her registration as member of the platform acts as fully legal capable and aware individual on duty. He/She states and guarantees to have all necessary rights and authorization to follow the present Terms and Conditions as physical person or as representative of a company/institution.
The member commits to keep the password(s) for his/her account(s) confidential. Account and password are both personal and cannot be shared or transferred to any other natural or legal person (some exeptions may apply, according to law) .
The member acknowledges and accepts to be the only responsible for his/her password and the utilization of his/her account. The member accepts to be the only responsible for any consequence or obligation deriving from the utilization of the password by third parties.
The member acknowledges and accepts that the website may need to use his account, his username and password to test the account functionality on the website on behalf of the member. All the activities performed on the website using features referring to the member, like the previous, one are considered as performed by the member. All the evaluations, pieces of information, opinions and comments are attributable to members. Under no circumstances can Bozzol be held responsible for their correctness, truthfulness and legality. Every members commits to not abuse the evaluation and comment system the platform provides and to use it with a language, objective and manner that are compliant to the Terms and Conditions. Inappropriate use may warrant a suspension and/or the deletion of the Account. Bozzol is allowed to cancel, without warning, any comment or evaluation that is considered not compliant.
A valid email address must be communicated upon registration: such email address will be used for communication between the website and the member and will be the key piece of information to identify the account. All email communications the website sends to the member are considered as immediately received – the member is considered to have full knowledge about its content at any later moment.
In order to register and use the platform, it is mandatory to be of age and to have the capacity of understanding a binding contract. Bozzol cannot be held accountable if any underage user communicates any false information, nor is Bozzol obliged to verify such information.
Users commit to communicate true and complete information and to periodically update their information, when necessary, in order to preserve their truthfulness.
Bozzol reserves the right to verify the information provided by members by requesting additional information that Bozzol may deem mandatory in that case. The aforementioned check cannot be considered and is not an Bozzol guarantee about members’ identity and features, even in the case that Bozzol explicitly communicates about the check on the website.
The person registering on behalf of a body, institution or enterprise guarantees to be authorised to accept the terms and conditions on behalf of the body, institution or enterprise he/she is representing. Should the person not be authorized, automatic exclusion from the Terms and Conditions application for the same body, institution or enterprise is not implied.
Bozzol cannot be held accountable for any false and/or incomplete information provided by members and users.
Bozzol reserves the right to suspend and ban members account without notice and for any reason, like for example (the following list does not include all instances of suspension or ban):
- Violation of Bozzol’s Terms and Conditions or E-Platform’s company policy;
- Inability to identify, verify or authenticate the member or any pieces of the related information;
- Statement of false information;
- Diffusion of confidential, illegal o offensive content (as pornography, defamations, diffusion of commercial secrets, the upload of discriminatory content, instigation to violence, racism, or religious hate);
- Violation of moral conduct;
- Using, copying or diffusing of intellectual property without being entitled or without explicit consent or authorization from the owner;
- The diffusion of unneeded commercial request (spam).
Bozzol, its management, employees, agents or partners are not liable for any complaint or damage compensation request deriving from an account being closed.
The user acknowledges and accepts Bozzol’s Privacy notice (available at https://www.eplatform.it/privacy), with its modifications and updates. The Privacy notice regulates Bozzol’s use and gathering of members personal information.
- Restricted Area
5.1 Bozzol provides members with the opportunity to present their product and/or services on the platform by using their personal restricted area, and to deal with potential partners, suppliers, suppliers or costumers/buyers. Products and services are described and presented in various languages on members’ iniziative and under no circumstances can E-platform be held accountable for any untruthful feature in what is presented.
5.2 Members commit to not publish and promote any product or service that is prohibited or not compliant with the Terms and Conditions or potentially harm third parties’ rights.
5.3 Detailed contract tools made available through the platform must be used between members only in conjunction with the intention of finalizing one or more commercial deals. For instance, such terms should be used for detailed commercial requests, not vague and generic ones, requests about the products and/or services of other members and all the relative follow-up activities. Nevertheless, Bozzol is not obliged to create direct contacts between members and is not responsible for the accuracy and truthfulness of the details members communicate.
- Negotiation between members
6.1 Bozzol and E-platform are e-procurement & sales B2B platforms allowing products, services and relevant information to be negotiated between buyers and sellers.The platform creates contacts between members and provides the opportunity to present, offer, accept, finalize and manage orders for the supply of products and services through the website, always compliantly with the Terms and Conditions. When members are engaged in the aforementioned activities, Bozzol is passively involved by providing the platform, a support item that facilitate the sharing of information between members aimed at creating business opportunities: Bozzol never acts as a representative agent of the buyer(s) or the seller(s). Bozzol cannot be held accountable for the truthfulness or the lawfulness of business proposals or the information shared through the platform, nor for the successful conclusion of the deals, both ahead of conclusion (during negotiation) and after conclusion (when the deal is executed), regardless of circumstances.
6.2 Members are totally liable for every risk deriving from negotiating a purchase of products and/or services by using the platform, together with every responsibility concerning the object of the negotiation and damages related to actions that are directly or indirectly related to the negotiations and transactions carried out using the platform.
- Fulfilment of transactions between members
7.1 Delivery terms, if specified on the website, are approximate. Bozzol is not responsible for any delay, missed service or delivery of products. Should any part of a finalized deal conclude unsuccessfully, involved members cannot ask Bozzol or e-PlatForm for any refund and/or products to be returned (totally or partially).
7.2 Bozzol cannot be held responsible for any failure to meet obligations stipulated in transactions between members, regardless of circumstances. Members presently declare that Bozzol is excluded from any damage or responsibility, under any circumstances, deriving from relationships that started thanks to the use of the platform.
7.3 Should any controversy between two or more members about a transaction on Bozzol arise, all parties involved agrees on keeping Bozzol out of the controversy and not responsible for any demand, request, nor involved in any legal suit or damage compensation of any sort.
- Payment and Refund
Every member, from his/her registration to the deletion of its profile, is bound to pay Bozzol the amount due related to the provided services, as explained on the dedicated webpage http://www.eplatform.it/pricing or as communicated to the member directly by Bozzol and/or e-PlatForm. The payment of the due sum must be through bank transfer, or any other way of payment suggested, proposed and always explicitly accepted by Bozzol.
E-PlatForm reserves the right to change its pricing policy and its publication on the website at any moment and without notice. Nevertheless, Bozzol is committed to not alter offers and contracts that are active and valid when a modification happens, and until they expire. The potential pricing change, in this case, would be applied starting from the next contract or transaction.
Under no circumstances can Bozzol be held responsible for the positive conclusion of payments and economic transactions between members and/or the fulfillment of the obligations members have agreed on.
As pertaining the law, members cannot demand the refund for the due sums paid to Bozzol and E-PlatForm for their services. Bozzol and the e-PlatForm are never responsible for potential refund needs between members. The potential refund by the seller is its own responsibility and will be managed by him/her directly.
- Taxation, Licensing and Certifications
Bozzol does not pay any tax or fee on behalf or instead of website members and/or users. Users and Members are the sole responsible for any tax or levy due that can be associated with a contract or a transaction.
According to certain circumstances, like the number of transactions occurred, or the nature of the object of a given transaction, the law may require documents or certifications. Bozzol is not responsible for defining the cases wherein licenses and/or certifications are required for the use of Services and/or the website, or when such licenses and/or certifications are required in a negotiation. Bozzol does not issue any statement or warranty concerning the licenses and/or certifications of its products.
- Bozzol’s responsibilities
10.1 What is provided for by article 10 does not cover the totality of limitations and exclusions of guarantees and liability and under no circumstances can the following content jeopardize what is provided for by the Terms and Conditions. Bozzol, according to this document, will therefore benefict of any other case that limits or extends liability that is provided for by the Terms and Conditions (and their future modifications).
10.2 Guarantee exception
Users agrees that they bear the entire risk and responsibility for using of the website and its services. The website and the associated services are provided in their “current state” and “as available at the moment”, with no guarantee nor responsibility associated. All implicit and explicit guarantees, including the saleability guarantee are excluded as far as provided for by law and, at the same time, Bozzol declines any safety, reliability, accuracy and promptness warranty concerning the website performances.
As far as provided for by law, Bozzol declines any guarantee for other goods or services provided by or advertised on the website.
Always as far as provided for by law, Bozzol declines any responsibility for the transmission of any digital virus or other dangerous components related to the website or the provided service.
10.3 Liability limitations
Under no circumstances will Bozzol be held accountable for any damage to third parts or the contracting parties deriving from the use of the website or its services, nor from any contract between members and between members and third parties. Such limitation includes but is not limited to direct and indirect damage, accidents, particular or consequential damage like: profit loss, loss of data or goodwill; digital damage; the cost of substitute products and/or services; any damage pertaining personal physical damage.
Such limitation is extendet to the cases where Bozzol is informed of the possibility of such damages as well.
The damages that the liability limitations refer to can derive from: the use (or misuse) of the website and its services, the impossibility to use the website or its services, the interruption, suspension, modification, alteration, or ending of the website, its services (or some of them) and the member’s accounts.
Such liability limitation also applies to other damages caused by other products or services acquired by advertisement, by product/services connected to the website or linked on the website. The liability extends to all information and advice received by the same means as above as well. Such limitations extend as far as provided for by law.
- Content published on the website or using the website
11.1 Users’ content
All content uploaded on the website, published through it, or accessibile thanks to any link on the website, i san exclusive responsibility of the person that uploaded it. The user is the only responsible for any content published, sent via email, or made available through the website. The user is aware that Bozzol does not control and is not responsible for the content made available through the website, and that by using the website, the user may access content that is offensive, indecent, inaccurate, illegal and/or misleading.
11.2 Link(s) to other websites
The website, the application or its services may contain links to other websites or third party resources. Bozzol and e-PlatForm are not responsible for: (i) the availability and accuracy of the aforementioned websites or resources; or (ii) the content, products or services made available by those websites and resources. The aforementioned links do not imply that Bozzol is supporting the website linked or the relative content, products or services the same website/resurce makes available. The user is exclusively responsible for and is aware of the risks deriving from the use of the described material.
11.3 User authorization
According to what stated below, Users irrevocably authorize Bozzol, and other users that e-PlatForm gives permission to, to access and use their content entirely, with no restriction based on geographical distance, no time limit, and/or for the time allowed as provided for by law in any country in the world.
Some instances of such authorization are comprised of the right to:
- publish, spread, and make the content available through the website, giving the possibility to any user to access it, partially or totally, at any moment and in any place, with any modality or technology available (interactive tools as well), with items available at the moment or that will be developed in the future;
- reproduce and modify the content in any way or form in order to comply to the technological limitations that the website items imply;
- authorize other website users to reproduce the content in order to access it on their devices using the website and its services.
The aforementioned rights are not exclusive to any person or entità, hence the user is allowed to use content in any way or form.
11.4 User declaration
The user declares to have every right to manage the uploaded and posted content (like, for instance: author rights, copyright, image rights, label and other brand rights, confidentiality rights, personal image release authorization, etc.).
The user explicitly declares that, should he/she not have all the rights related to the uploaded and posted content, he/she was entitled and authorized to manage the content by the third party(ies) that have the aforementioned rights, hence having the full faculty to authorize the use of the content in compliancy with the terms and conditions.
The user commits to not upload and publish any content that:
- is false, obscene, pornografic, offensive, racist, violent, harmful or encourages criminal behavior, or any content that is illegal in Italy or in the country where the user accesses the website and/or the services from, according to the applicable local regulation;
- violates the law and norms pertaining privacy and personal information or pertaining classified information and industrial secrets;
- require the user to have rights, authorizations or prerequisites that he/she does not have;
- violates any copyright, patent, author or any third party rights;
- contains digital viruses or any other application or piece of software aimed at hijacking, disrupt, destroy, damage or limit the functionality of other pieces of sotware, hardware, network, the website or its services;
- is in any way harmful for Bozzol, users, members or third parties.
The user guarantees the quality of the uploaded and posted and the suitability of the same to its intended utilization.
Bozzol reserves the right to modify the website, the services, or the Terms and Conditions (including fees and commissions), at any moment and without notice. Should the Terms and Conditions be modified, such modifications will be posted on the website. The “last update on” date will be updated at the end of the Terms and Conditions document. By continuing to log in or access the website or use its services after the publication of a modification on the website or the forwarding of a notification of the same modification, the user accepts the modified terms and conditions. Should the user not be willing to comply to the modified Terms and Conditions, the only countermeasure is to cease the use of the website.
- Industrial and intellectual property
13.1 FHC S.r.l is the only owner of all the rights concerning the registered trademarks Bozzol and E-Platform. The content of the website qualifies as “industrial secret”, hence is protected by all norms as provided for by law regarding intellectual property, author rights and any relative norm. Under no circumstances can such rights be transferred, entirely or partially, when executing what is established in the Terms and Conditions. Every unauthorized use and infringement of FHC S.r.l. (or of its affiliated companies, its partners, or the companies of its holding)’s copyrighted and intellectual property, will cause civil and criminal responsibilities for the perpetrator, and FHC S.r.l. will use every legal action to defend its rights, should the case occur.
13.2 Unless falling under the object of Bozzol’s privacy notice, any material users upload or send to the website (either via email or by any other mean),will be considered as not confidential, nor an exclusive property. Should users own all rights referred to this content, material or communication, Bozzol (and all its dealers) is explicitly granted a non-exclusive license, with the global perpetual right to copy, distribute, open, start, publish, post, translate, adapt, modify and/or use such content for any purpose, regardless of way of utilization.
Users commit to not publish confidential information, or material/content subject to intellectual or industrial, unless specified differently in written form.
Should any website user be claim that his/her intellectual, or industrial property rights have been infringed by an upload or a publication on the website by another member or user, the user must forward a written communication to FHC S.r.l. within 48 hours from discovering the violation.
For it to be effective, the communication must include:
- A physical or electronic signature of the person authorized to act as representative of the owner of the allegedly violated right;
- The identification of the copyrighted content allegedly violated;
- Enough reasonable information to contact the claimer, like address, phone number and, if available, email address to contact the claimer;
- The identification of the material claimed to be object of unlawful actions and enough reasonable information to identify the material;
- A statement where the damaged party believes (in good faith) that the use of the material is unauthorized by the owner of the copyright, or the representing agent, or is not provided for by law;
- A statement where the damaged party states that the communication is comprised of truthful information and that the claimer is authorized to act to defend the allegedly violated right (should the claimer not be authorized, he/she will be liable of false statement).
Users accept that, once E-platform is notified of a potential copyright infringement, material might be removed with no responsibility towards users or third parties.
- Release from liability
Website users and/or members commits to defend and release FHC S.r.l. (and its related companies, employees, managers, agents) from any responsibility, claim, damage, loss or expenses (including accounting and legal expenses) deriving from and/or associated with:
- The access and the use of the website, its services or content or the user infringement of the Terms and Conditions;
- Content that members have created, modified, forwarded, sent, or made available;
- Any of the following action (if performer by the user): a) interacting with another member, b) product/service booking/reservation; c) consequences from the use of a purchased or rented item/product including any damage (be it direct, indirect, accidental, consequential or other), compensation or loss, or any damage, compensation or loss occurring during transportation of the item/product.
E-PlatForm reserves the right to defend itself with a legal representative of its own choice to argue against any users/members legal action or request demanding a monetary compensation. This last point is not negotiable, regardless of circumstances.
- Law and jurisdiction
All the aforementioned terms and conditions are regulated and subject to the Italian Republic law.
All controversies pertaining the validity, interpretation or or applications of the Terms and Conditions will be exclusive competence of the Court of Milan.
- Other conditions
16.1 Bozzol is not responsible for the interactions between Users and/or Members.
16.2 Terms and Conditions clauses are merely descriptive and do not alter the interpretation or meaning of the Terms and Conditions.
16.3 Should one or more Terms and Conditions clauses be deemed not valid, or null and void, the remaining part of the Terms and Conditions will remain valid.
16.4 Users accept that rights and obligations comprised in the Terms and Conditions, together with all the associated documents, may be transferred from E-Platform to a third party, should the company merge, be acquired, or any comparable event;
16.5 By using the website, users commit to respect all national and International law, together with all the active regulations, related to the use of Bozzol’s services and the activities users carry out on the website. Moreover, the website use is accepted as comparable to a professional activities, in legal terms. Companies are subject to specific obligation, as but not limited to incorporation, accounting registration as far as provided for by law, relative tax and levy payment, and legal consequences in case of insolvency. Furthermore, if the website is used as commercial activity (or if the user is a professional commercial agent), it is mandatory to respect all trade norms, regulation and law. E-platform suggests to request a legal and/or professional opinion on the topics mentioned in the previous sentence.
16.6 No exception to the terms and conditions will be authorised without the written consent and a dedicated contract between the user and the e-PlatForm;
16.7 All communications will be sent to the email address users have indicated when they filed the registration form. Messages and notifications are considered as received 24 hours after their transmission, unless being notified that the email address does not exist or is not active.