Terms and Conditions
General Conditions of the Service, Terms and Conditions
These general conditions of service (“General Conditions”) regulate the service offered by
ProIndustria srl through its online platform (“Platform”) reachable at the website www.mediamarketingtrading.com (“Site”) which allows its users (“Users”) who intend to sell and/or purchase secondary raw materials, recyclable materials in large quantities, by-products, scraps, inventories and/or unsold stock, to publish and consult announcements concerning such materials (“Service”).
The General Conditions must be accepted by the User when registering for the Service on the Platform. Proindustria reserves the right to modify all or part of the General Conditions at any time, notifying the User via the Site with at least 30 days notice, should the methods of using the Service change. The User is, therefore, required to periodically consult the Site, in order to always be informed about the conditions applied. The User, without any charge or additional cost, will have the right to withdraw from the Service in the following 30 days from the publication of the modifications of the General Conditions on the Site, it being understood that the use of the Service following such modifications implies the tacit acceptance of the same.
- Definitions
1.1 For the purposes of these General Conditions the following is meant:
“Account”: the account created by the User upon completion of the Registration procedure on the Platform;
“Announcement”: the announcement relating to the Material and/or services published by the Seller on the Platform for the purpose of consultation by the Buyers;
“Buyer”: the legal person or natural person of legal age who intends to consult one or more Announcements in order to make the possible purchase of the Material object of the relative Announcement outside the Platform;
“Prohibited Categories” the following categories:
– weapons or ammunition, or other instrument capable of offending;
– false or counterfeit products;
– tobacco or related products;
– pornographic material;
– medicines, parapharmaceuticals, medical preparations, and any kind of narcotic and psychotropic substance.
– alcohol;
– foodstuffs.
“Contents”: the contents of the Advertisement;
“Contract” these General Conditions;
“Registration Credentials”: the e-mail address and password chosen by the User when registering for the Service;
“Credits” the credits purchased on the Platform and/or accumulated through the Registration process by the Seller that can be spent on the Platform for the purpose of publishing the Announcements and/or any additional services that mediamarketingtrading intends to implement during the course of this Agreement; the value of n. 1 Credit is equal to the amount shown on the Site from time to time;
“Dashboard” indicates the control panel made available to Users who have registered and usable through the Site which allows them to carry out the activities described from time to time on the Site such as, by way of example, displaying the last Ads consulted for Buyer and the management and monitoring of the activities related to the Advertisements for Sellers;
“Material”: secondary raw materials, recyclable materials, by-products, scraps, inventories and/or unsold warehouse items covered by the Announcement and of which the Seller has legitimate availability and/or ownership;
“Period of Duration of the Advertisement” the period of duration of the Advertisement equal to that indicated from time to time by Proindustria on the Platform;
“Platform”: the online platform owned by Proindustria which allows the provision of the Service in favor of the Seller and the Buyer;
“Registration” the registration to the free Service which allows the User to create his own Account; Registration is mandatory for the Seller who intends to publish one or more Announcements while it is optional for the Buyer;
“Seller”: the legal person who intends to publish one or more Announcements on the Platform in order to carry out the possible sale of the Material object of the relative Announcement outside the Platform;
“Service”: the service provided by UsedTextileMachines through the Platform which allows the Seller to publish one or more Announcements relating to the Materials on the Platform for the purposes of their consultation by Buyers;
“Message System” the messaging system made available by Proindustria in order to allow Users to exchange information on the Materials object of the Announcement and to complete any purchase;
“Users”: collectively and without distinction the Seller and the Buyer who use the Service through the Platform;
1.2 The terms reported in the continuation of these General Conditions with a capital letter will have the meaning attributed to them below.
- Registration for the Service
2.1 The Buyer may, at its sole discretion, decide to register for the Service. The Buyer who registers will have access to all the functions of the Service while the Buyer who does not register will still be able to use the Service in order to consult the Announcements but with some limitations set from time to time by the Platform (by way of example not will be able to view the price of the Materials shown in the Advertisement, will not be able to view all the Advertisements published by the Seller consulted and will not be able to use the Dashboard).
2.2 The Seller who intends to use the Service in order to publish one or more Announcements must register.
2.3 When registering for the Service, you will be asked to enter the Registration Credentials in the relevant registration form (“Form”). In order to register on the Platform it is also necessary to send all the documentation that may be requested from time to time during Registration on the Platform.
2.4 After sending the Form, Proindustria will confirm the activation of the Account by sending an email to the address indicated by the User.
2.5 Mediamarketingtrading authorizes the User who intends to register to create a single Account with the consequent prohibition of subsequently registering further accounts other than the one originally created and which can be traced back to the same subject, unless otherwise authorized in writing by Mediamarketingtrading. The creation of multiple Accounts contrary to the provisions of this article may result in the suspension of the Account without notice and the impossibility for the User to use the Service.
2.6 The User who has registered undertakes not to transfer them, even temporarily, to third parties and to keep the Registration Credentials with due care, diligence and secrecy under their own responsibility. The User who has registered is therefore informed that all the acts performed through the use of the Registration Credentials will be attributed to him and will have binding effect on him.
2.7 The User guarantees that the information provided during the Registration procedure and, with reference to the Seller, also subsequently during the publication of the Announcement, are complete and truthful and undertakes to hold Mediamarketingtrading harmless and indemnified against any damage and/or request for compensation and/or sanction deriving from and/or in any way connected to the violation by the User who registered the provisions of this article 2.
- Description of the Service
3.1 The Platform puts the Sellers in contact with the Buyers, allowing the Sellers to publish one or more Announcements relating to the Materials on the Platform in order to make them available to the Buyers for consultation and possible purchase outside the Platform. The Seller may decide to use the Service in “subscription” mode which allows the Seller, upon payment of an annual subscription fee, to purchase an unlimited number of Credits, or to a different extent indicated on the Site, in order to publish the Advertisements.
3.2. Based on the search criteria entered on the Platform, the Buyer will view a list of Advertisements and once the Advertisement of his interest has been selected, he will be able to contact the Seller through the Messaging System.
3.3 Mediamarketingtrading, subject to the User’s express consent, may view and store the content of messages exchanged with other Users within the Messaging System for purposes related to the provision of the Service, it being understood that Mediamarketingtrading will not have no obligation to check the content of such messages. The User may at any time revoke the consent given by sending a written communication to Mediamarketingtrading it being understood that any further message sent and/or received by the User after the date of revocation of the consent cannot be viewed and stored by Mediamarketingtrading .
- Ads
4.1 By accessing the Service, the Seller must enter the information requested by UsedTextileMachines on the Platform in order to publish an Advertisement, such as, but not limited to:
– category (identifies the macro-category and/or micro-category to which the Material belongs);
– Ad Title;
– photos relating to the Material object of the Announcement;
– description of the Material;
– dimensions of the Material (height, weight, thickness, etc.);
– price including VAT);
– place where the Material is located (if different from the registered office of the Seller);
– advice on the possible reuse of the Material;
– all additional information requested by the Platform.
The Seller, for the purpose of publishing the Announcement, will also have to proceed with the payment of a number of Credits equal to the amount requested from time to time by the Platform.
4.2 The Seller, before proceeding with the publication of the Announcement, may decide to save his Announcement in the “Saved Announcements” section of the Dashboard in order to publish it at a later time.
4.3 The Announcement will be considered concluded upon the occurrence of one of the following situations:
- a) conclusion through the Messaging System of the sale between the Seller and the Buyer relating to the Material object of the Advertisement;
- b) expiry of the Duration Period of the Announcement.
In such cases, the concluded Announcement will be inserted in the “Completed Announcements” section of the Dashboard to allow the Seller to view the history of their Announcements and possibly to republish the concluded Announcement in the cases referred to in letters a) and b above ) of this article.
4.4 Mediamarketingtrading does not provide any guarantee regarding the positioning of the Ads within the search results on the Platform (“Positioning”). Positioning takes place automatically based on a series of factors which, at its own discretion, Mediamarketingtrading identifies as search parameters.
- Ad serving rules
5.1 The Seller undertakes to publish Content on the Platform that is not deemed offensive or prohibited by law, such as, by way of example but not limited to:
- the disturbance of public or private peace;
- the offense or damage, direct or indirect, to the rights of others;
- offensive content of religions;
- contents harmful to intellectual property, copyright, industrial law or any other right of third parties;
- content of a defamatory, pornographic, child pornography, violent nature (or in any case prohibited for minors under the age of 18 or suitable only for an adult audience);
- gambling-related content;
- any other content prohibited by the regulations in force and applicable from time to time.
5.2 The Seller is expressly prohibited from:
- enter the same Announcement in several categories, regions or provinces;
- post Announcements using automatic posting systems;
- post Advertisements on behalf of third parties.
5.3 The Seller expressly declares and guarantees:
- that the Materials covered by the Advertisements are not prohibited by Italian law and do not fall into any of the Prohibited Categories;
- to have full availability and/or ownership of the Materials for the purpose of publishing the Announcements.
5.4 In the event of a violation by the Seller of one of the provisions set out in the previous articles 5.1, 5.2 and 5.3, Mediamarketingtrading, it being understood that it has no control obligation, reserves the right to remove the Contents and/or suspend or eliminate the Announcement and in the most serious cases to terminate this Agreement with consequent definitive cancellation of the Account.