General Terms and Conditions
The Italian version of this document is the official version with legal value. Any translations into other languages are only available to facilitate consultation.
- “Marketplace” is the virtual and electronic community of GEM24K S.r.l. for the promotion and meeting of subjects and the exchange of information aimed at favoring the transnational electronic commerce of jewelry, stones, precious objects and objects of art or antiques in general, which operates in the complex environment of services made available through the website www.gem24k.comwww.gem24k.com.
- “Services” are those provided by GEM24K S.r.l. users registered to the site according to the user profile chosen and activated and consist in browsing and browsing the catalogs on the pages made available by the site for those who purchase and in the assignment of a shop name, a URL and a dedicated page, published online and available through search engines on the web for the time made available by the site owner, according to the chosen package and related services associated with it.
- “Simple product” are the products offered for sale on the site by users or part of the catalogs they disseminate on the site in the space granted to them and dedicated. They do not include products sold in online auction mode.
- “Product in auction” are exclusively the products sold in online auction mode offered for sale on the site by users or belonging to the catalogs they disseminate on the site in the space granted to them and dedicated. They do not include simple products and can consist of a single product or one or more sets of products, offered in one or more lots.
- “Catalog” means all the products offered for sale on the Marketplace – including the titles, product images and descriptions of the same – as from time to time made available to users through the site..
- “Site” is the portal www.gem24k.com, with all its technical configurations and content of graphics, images and text of the owner and users, which publishes the Marketplace online and accessible via web browsing, also available through search engine.
- “User” is the person who accesses the site via navigation and uses its functionality. Can take any of the following profiles: “Anonymous visitor”, “Buyer”, “Seller”.
- “Anonymous visitor” is the user who visits the site for mere consultation and navigation on the pages of sellers, can’t make any purchase or sale as unregistered.
- “Buyer” is the user who, in addition to the features provided to the “Anonymous Visitor”, registers at the site and can only buy products (both normal and auctioned).
- “Seller” is any seller intended as the one who registers at the site to publish its proposal or offer for the sale of Products and may be: Private Seller or Professional Vendor.
- “Private Seller” is the user who, in addition to the features provided to the “Purchaser”, registers to the site as a private seller and can publish his own offer for the sale of simple Products (not in auction) or ask GEM24K S.r.l. authorization to sell your product via an online auction. The Private Seller is a simple seller, who operates in a private and non-professional, and which is granted a page and assigned a shop name, which identifies and makes it available on the site with a custom URL. The Private Seller can operate on the site in the spaces granted and according to the methods and limits of the type of products or their quantitative and / or qualitative aspects as well as of time, established by the site owner. This user can purchase one of the packages of services dedicated to private sellers, offered by GEM24K S.r.l., through which it publishes its products and its sales offers, recognizing and paying a fee to the owner of the site for the period of use of the space.
- “Professional Seller” is the user who, in addition to the features provided to the “Private Seller”, registers to the site as a professional seller and accesses the full operation provided on the site to qualified companies or sellers in a professional form. This user can purchase one of the service packages dedicated to professional sellers, offered by GEM24K S.r.l., through which he publishes the catalog of its products and its sales offers, recognizing and paying a fee to the owner of the site for the period of use of the space.
- “Prices” are the costs of the Products sold on the site.
- “Shipping”is the shipping costs of the Products from the seller to the Buyer.
- “Guidelines” are the rules of behavior and methods of selling and managing the relationship with the customer, to that the Users must comply.
- “Fee GEM24K” means the commission or the fee or fee or auction fee that the Sellers must pay to GEM24K S.r.l. for using the Marketplace.
- “Consumer Code” ” indicates the Legislative Decree 6 September 2005 n. 206.
- “European Regulation”means the European Union Regulation no. 2016/679 on the protection of personal data.
- “Privacy Code” indicates the Legislative Decree of 30 June 2003 no. 196 called the code regarding the protection of personal data, as updated with Legislative Decree September 14th 2015 n. 151 and Law 7 July 2016 n. 122.
- “Decree on Electronic Commerce” indicates the Legislative Decree of 9 April 2003, n. 70.
- “Legal Warranty of Conformity” has the meaning attributed to this expression in the Consumer Code. It also indicates, in the case of a Purchaser that does not have the status of Consumer, the exercise of the rights referred to in the warranty for defects and quality defects promised or essential as per the Italian Civil Code.
The registration of the User to the site constitutes the legal and express acceptance of the services made available to the site and the general conditions of contract with GEM24K S.r.l. with registered office in Rome Via Cristoforo Colombo n. 177, share capital approved € 40,000.00 (paid € 10,000.00) tax ID number 14373881003 Rea RM – 1516340. The User has the duty of diligence in reading the conditions and rules governing the relationship and to print a copy from to preserve. The services to registered users provide for the payment of a fee to GEM24K S.r.l…
GEM24K S.r.l. makes available to registered users the Marketplace and with it the technical availability of the site and its platform for the publication of product sales announcements or catalogs of their products so that they are visible to the customer and can be selected for their purchase.
GEM24K S.r.l. it does not offer its own or other products directly for sale, but merely connects salespeople with customers by promoting purchase and sale relationships of products through user hospitality and the procedures for using the Marketplace.
The use of the Marketplace and its services of Purchase, Sale and Online Auction are subject to payment, while the visit and navigation of the site is carried out and granted free of charge.
3.2 Online Auction Procedure
GEM24K S.r.l. makes available to the registered users the Marketplace and with it the technical availability of the site and its platform for the sale in own and direct through online auction of their products. GEM24K S.r.l. furthermore, a preventive service is offered to the auction to examine the characteristics and description of the product and estimate it on the basis of the information and images provided by the Seller, admitting it to the online auction procedure activated in the Marketplace if the Product complies with the admission requirements and description for the auction on the Marketplace, established by GEM24K S.r.l.
3.3 Safe Delivery
GEM24K S.r.l. offers the additional service called “Safe delivery”, making available to the Buyer a payment method (bank account, online payment by credit card or other methods) through which the Purchaser can pay the price of his purchase through GEM24K S.r.l. that will match the purchase price of the product to the Seller only after the delivery of the Product to the Purchaser in accordance with the Sale. In case of non-delivery to the Purchaser of the purchased Product, GEM24K S.r.l. will refund the price paid through the service to the Purchaser.
3.4 Purchase and sale report
Each sale and purchase relationship is intended to be established, managed, concluded and executed exclusively between the Seller and the Purchaser. GEM24K S.r.l. is not a representative or agent of the Seller or of the Buyer. The parties that operate on the Marketplace also compared to GEM24K S.r.l. they are independent of each other. The registration to the site and the services rendered to the Users do not involve any partnership, franchise, joint venture, agency, fiduciary or subordinate or work relationship with respect to GEM24K S.r.l..
4 REGISTRATION AND USE OF THE SITE
4.1 Registration and use of the site
By registering with the site, the User accepts the general terms and conditions of the contract and the Seller and the Purchaser are obliged to comply with the guidelines for the Sale of Products.
The subjects who register at the site must be of legal age and have the legal capacity to act, provided for by the law of the State, of which they have citizenship. In Italy, the age of majority is set for individuals over the age of 18 and the ability to act by art. 2 Civil Code.
For registration, the subject must be provided with an email address and provide their personal data. Those who register at the site will receive a personal identification code and password, and may use only one personal, strictly personal account, which can only be used by the registered subject with their own data, signs and identification marks. The registered user who intends to use identification data or trademarks of other subjects must be provided with appropriate authorizations and licenses to use and communicate them in advance to GEM24K S.r.l. The lack of authorizations or licenses will prevent the use of trademarks or names of others.
The identification code and password allow access to the site and the safe use of the same are reserved to the user who has the obligation to keep them and not to use them to others.
The functions and availability of use of the site are decided and prepared at the sole discretion of GEM24K S.r.l. in compliance with the purposes it pursues, which may also modify them at its sole discretion.
4.2 Methods and terms for registration on the site
To register on the site, the Seller must follow the online procedure accessible from the “Register” section of the Site. The Seller, in particular, must:
- Fill in the Registration Form (s) according to the chosen user profile, in all its parts and fields, enclosing a digital copy of the requested documents;
- Download and print the general terms and conditions of the Contract;
- Sign on line, selecting the appropriate flag where and when indicated and required, the registration form. The site owner can request confirmation of sending the documents to be signed in original also in analog or paper format.
The user selects the Registration option and selects the user profile for which he requests registration, between:
- “Private Seller”
- “Professional Seller”
According to the required profile, the system at the end of the registration phase checks the email address and mobile phone number provided and the other information provided by the user and, at the end, enables it to operate in the Marketplace.
GEM24K S.r.l. has the right to request at any time the User additional documents than those requested at the time of registration and to request proof of the authenticity of the documentation sent by the Seller.
4.3 Responsibility of the Seller for information and authenticity
The Seller is responsible for the truthfulness of the information provided through the Registration Form and undertakes to communicate immediately and in writing any variation or modification of the information provided to GEM24K S.r.l..
Authentication Credentials must be retained by the Vendor in due diligence and may not be used by others nor may they be transferred to third parties. The Seller is solely responsible for the custody of Authentication Credentials and undertakes to keep them secret and to ensure that no third party has access to them. He also undertakes to immediately inform GEM24K S.r.l. in the event that you suspect or become aware of improper use or undue disclosure of the same. In any case in which, for any reason, the aforementioned credentials are used by third parties, other than the Seller, authorized or not by the latter, the Seller will answer for such use against any third party and against GEM24K S.r.l..
4.4 Suspension of use
Failure to comply with the methods and functions of use of the site set out in point 4.1 and in particular, the improper use of the access credentials or the use made by other subjects, other than the user, the non-authenticity or irregularity of the information provided during registration or the non-execution of the request for verification of authenticity by the owner of the site, will allow GEM24K S.r.l., without assuming any responsibility, to suspend or inhibit the use of the site and its services until the correct fulfillment of the User within 30 days of the invitation made by GEM24K S.r.l..
After this period GEM24K S.r.l. will be able to declare terminated the relationship, possibly already established, with simple communication to the User also by e-mail.
4.5 Verification rights of GEM24K S.r.l.
GEM24K S.r.l. has the right not to accept registrations from a Seller:
- with whom he has or has had a legal or commercial dispute;
- that does not comply or has not complied with the Contract;
- involved in fraud of any kind;
- that has issued false, incomplete or inaccurate identification data or that has not promptly sent the documents required for registration or that has sent invalid documents.
5 USER COMMITMENTS AND RELATIONSHIP BETWEEN SELLER AND BUYER
5.1 Approval of the general conditions
This document contains the terms and conditions with which all users undertake to operate in the Marketplace and to exercise their rights towards GEM24K S.r.l. and with which, in particular, the Seller undertakes to offer for sale and sale of the Products on the Marketplace to users and Buyers.
Users in accessing the site and in registering expressly declare to have carefully examined this document and to approve it entirely.
5.2 Relationship between Seller and Purchaser
Sales occasioned or realized through the Marketplace are understood to be directly concluded between the Seller and the Purchaser. The Seller and the Buyer, therefore, are and remain the sole and exclusive responsible for the conclusion and for the correct execution of the purchase or sale contract and for the exact execution of the obligations arising from it.
The Seller is subjected to due diligence and compliance with the guidelines set out in point 6.
The Purchaser is obliged to respect the procurement procedures of the Marketplace, to pay the price of the product once the Sale is completed, to communicate if necessary to GEM24K S.r.l. the correct execution of the order and delivery of the purchased product or your observations or complaints in the terms provided for in this document.
The Purchaser must behave with due diligence even in knowing the description of the Products, their informative notes and the conditions and selling prices, any additional costs or fees (such as exceptional transport or in uncomfortable or difficult to find locations customs fees or entry of the product in the country in which they are) or other reasons or causes impeding the delivery in the country in which it was requested, which are not the responsibility of the Seller and its information on the Marketplace.
5.3 User Declarations
The User declares that GEM24K S.r.l. It is foreign and exonerated from any responsibility deriving from the conclusion, from the resolution and / or from the execution or from the non-execution of the Sale, committing itself now, to indemnify and hold harmless GEM24K S.r.l. from any responsibility, of any kind, arising or otherwise connected to the conclusion, termination, non-completion and / or execution and / or non-execution of the sale, as well as sanctions of the competent authorities, which may arise in the case of violation of the contents of the present document.
5.4 Use of the site and of the data contained
The User can use the site and the functions made available to him by the owner of the site for the search for commercial offers for the sale of products or for the promotion and sale of products, present on the site. The User can’t use other forms, programs or search functions that are automatic on the site, other than those made available by the owner of the site. The data and contents available or obtained through the research carried out on the site can’t be extracted, in whole or in part, to create personal databases or other media formats for private or commercial use, which are not those of the site, or for different use from the purpose of the site. The User is obliged to immediately notify the Owner of the site of any use of the content and data of the site other than for the purpose of the site by third parties in violation of the rights of the site owner and Users
5.5 Malfunctions of the User’s hardware or software
No responsibility is attributable to the owner of the site for malfunctions due to the information technology hardware or software of the User or the provider, through which it connects to the site.
6 GUIDELINES:OBLIGATIONS AND DECLARATIONS OF THE SELLER
6.1 Seller’s duties
The Seller must:
- operate on the site according to correctness and diligence;
- be equipped with the hardware and software technologies and their updates compatible with those of the site platform and suitable to support the regular connection to it;
- avoid any action or omission that may cause malfunction or blockage of the connection or of the site, automatic calls, reproduction of data or other contents related to the ownership and right of use of the platform, automatic reproduction or disclosure online or on durable medium in other environments, other than the site, of the contents disclosed therein;
- do not insert terms and / or conditions contrary to or different to those established by this document and the applicable legislation and / or information and / or data not corresponding to the true and / or non-exhaustive and / or incorrect and / or inaccurate;
- express sales prices and any other costs in euros.
The Professional Seller also undertakes: before the conclusion of the Purchase Contract, to make available to the Purchaser all the mandatory Information and, in particular, those required by the Decree on Electronic Commerce and the Consumer Code; make available the Legal Documentation required by the Applicable Regulations and, in particular, by the Consumer Code; for each offer to indicate: the price of the Products including taxes and sales taxes, delivery costs relating to each delivery method made available to the Purchaser, any other costs and / or charges that the Purchaser is required to pay in relation to the Product, the deadline by which it undertakes to deliver the product, the terms and conditions for the exercise of the Right of Withdrawal, including the addresses, to which the Purchaser must transmit the notice of withdrawal and that to which the purchaser must return the Products (provided that, in the event that the Seller adopts a term for the exercise of the Right of Withdrawal other than that provided by the Consumer Code, this term may never exceed 14 calendar days ), the essential characteristics of the Products (for the precious materials and their percentage with which they are made, the type of stones and their class, quality or quality), the origin of the products and their identification code or reference, if it exists or is assigned by the manufacturer who manufactured them, the procedures for the exercise by the Purchaser of the Legal Guarantee of Conformity, the cases of exclusion of the Right of Withdrawal Buyer.
The Seller declares and acknowledges that he is solely responsible for the offer and sale of the Products, the Purchase Contract and the consequent relationship with the Purchaser as well as the truthfulness, correctness, completeness, accuracy and non-deception of the Information or Legal Documentation provided to Buyers.
6.2 Declarations and Acknowledgments of the Seller
The Seller declares and acknowledges that he is free to determine which Products to sell on the Marketplace within the type, quality and quantity and time limits assigned by GEM24K S.r.l. depending on the profile or package chosen by the Seller himself.
The Seller declares and guarantees that:
- the offer and / or sale of the Products on the Marketplace does not violate the rights of third parties and, in particular, the rights of the manufacturer of the Product and / or of the owner and / or licensee of the brands that distinguish the Products;
- the Products and the brand (s) offered are authentic, original and not counterfeited;
- the Products are regularly placed on the market;
- the Products are not the subject of selective distribution agreements and / or agreements that prohibit their distribution or sale even online;
- To be the producer of the Products or to have received them from persons legitimated to the sale and / or sale and / or distribution of the same;
- The Products are free from defects that make them unsuitable for sale and use for which they are intended or harmful to people and things;
- The Products are not the result of counterfeiting third party rights;
- The Products are equipped with the manufacturing and packaging characteristics necessary for marketing;
- The Products comply with the legislation in force in the state in which they are sold and delivered;
- The Products are perfectly compliant with the characteristics and requirements indicated in this contract and the description made on the site, on any documents and / or instructions and / or information material provided by the Seller or the manufacturer;
- Provide for each Product, information and legal documentation in the format and content required by GEM24K S.r.l..
6.3 Seller commitments
The Vendor undertakes to offer for sale on the Marketplace the products under the same conditions that he practices in his premises or other spaces also online sales. The Seller undertakes not to redirect or mislead Purchasers or potential Buyers or possible sales for the products and conditions offered on the Marketplace of GEM24K S.r.l. on other locations or sales spaces or different Marketplace
6.4 Statement of liability of the Seller and disputes between Seller and Purchaser
The Seller declares to be, the only and exclusive responsible for the declared and guaranteed compliance of each Product with the characteristics and requirements, including availability, communicated to the Purchaser and assumes, directly and exclusively, any risk deriving from and / o connected to this responsibility, declaring as of now to indemnify and hold unharmed regarding GEM24K S.r.l..
The Seller is the sole and exclusive responsible for any disputes, claims, claims, disputes, actions, complaints, requests for reimbursement and / or compensation – including damages, of any type and nature that should be claimed or requested by the Purchasers, as well for any consequential or consequential damages and / or prejudices, direct or indirect, also to other third parties, depending on: differences from the current legislation, inaccuracies, errors, anomalies and / or omissions, of any kind, including regarding the information on the Seller , on the Mandatory Information and / or any other information given by the Seller on the Marketplace of GEM24K S.r.l..
6.5 Purchaser Warranties and Withdrawal of Legal Compliance
The Seller is solely responsible for the recognition and application of the Right of Withdrawal and the Guarantee of Conformity in relation to the Products sold. The seller can and must therefore contact the Purchaser to exercise these rights, with respect to which GEM24K S.r.l. it is completely foreign. GEM24K S.r.l. will forward to the Seller the withdrawal and / or warranty requests that should be received.
6.6 Seller’s Duties in case of Complaint or Withdrawal
The Seller undertakes to:
- Manage Buyer’s requests related to: withdrawal from the purchase contract, termination of the Purchase Contract, exchange or return and / or related refunds;
- Calculate the amount of the reimbursements due, for any reason, from the Seller to the Purchaser;
- Provide refunds, for whatever reason owed by the Seller to the Purchaser, as established by the Regulations;
- Operate the above in compliance with the current legislation on consumer protection and contractual liability in Italy, this Agreement and any guidelines or conduct or regulations that GEM24K S.r.l. should notify the Seller or introduce in the report.
6.7 Obligation of the ODR link communication
The Professional Seller is obliged to provide on its website an electronic link to access the ODR platform, established by Regulation 524/2013 / EU and managed by the European Commission for the solution of any dispute with consumers. The same link must be reported in the sales offer formulated to the customer by e-mail. The Professional Seller undertakes to resolve any dispute with the Consumer Purchaser in advance with spirit and conciliatory or alternative mediation tools for resolution.
6.8 Failure of the Seller. Suspension and resolution
Any conduct that is defective or contrary to the Seller’s correctness and good faith will allow GEM24K S.r.l. at its sole discretion to suspend the service to the Seller and his access credentials until the termination of the default. In cases of more serious deficiencies GEM24K S.r.l. may terminate the relationship without incurring any liability towards the Seller.
7 ONLINE AUCTION
7.1 Online Auction Service
The online auction takes place according to the general conditions established by GEM24K S.r.l. in this document and according to the auction procedure displayed on the Marketplace activated at the request of the Seller, which forms an integral part of this document. GEM24K S.r.l. makes available to Users an online auctioning procedure for their Products. The Sale is carried out in its own name directly by the Seller through the auction procedure activated on the Marketplace by GEM24K S.r.l .. The Auction may be proposed for a single Product or for Lots of Products. GEM24K S.r.l. check the Product placed in the Auction on the sole basis of the information and images provided by the Seller without receiving or retaining the Product, which remains in the Seller’s available material until delivery to the successful bidder upon successful completion of the Auction. Examine and verify the correspondence of the characteristics of the Product in auction to the information and description provided by the Seller, GEM24K S.r.l. estimates the Product in auction and establishes the sale in one or more Lots, setting the starting Auction price, to which it is sold subject to acceptance by the Seller. The price and the evaluation of the Product are the result of personal convictions of the experts of GEM24K S.r.l. and do not offer any guarantee or assurance on the exact quality or value of the Product at auction, therefore GEM24K S.r.l. assumes no responsibility for the estimate and determination of value and price. Before admitting the Seller GEM24K S.r.l. can ask the Seller for further information on the description of the Product to be published, reserving the right to not activate the Auction procedure. In any case GEM24K S.r.l. assumes no responsibility for the information or descriptions of the Product at auction provided by the Seller or for their translation into a language other than Italian. GEM24K S.r.l. is authorized to interrupt or cancel the auction for just cause or for non-compliance with the auction conditions. The consumer purchaser has the right to withdraw from the law without an incentive within 14 days of receiving the object of sale. GEM24K S.r.l. is not a seller to the direct auction and the sale relationship, at the time of the award, remains in the ownership of the Seller and the Buyer, to which the other provisions contained in the general conditions of this document apply.
7.2 Online auction procedure
The online auction procedure activated and displayed by the User on the Marketplace indicates the duration and expiration of the auction, the starting price, any possibility of increasing its offer, the time limit within which to present it and the percentage minimum of the increase in supply. Prices are shown in EURO. At the end of the term of the auction GEM24K S.r.l. declares the auction adjudicated to the bidder, who submitted the maximum bid even if there was only one bidder. With the Award, the sale between Buyer and Seller is perfected, except for the interruption or cancellation of the auction, for the existence of a reserve price, or for failure to fulfill a fixed condition, or other impediments, which will be communicated by GEM24K S.r.l. as a result of failure to complete the Sale. The Award is effective and obliges Seller and Purchaser from the moment in which the same is communicated also by e-mail or only published online in the space dedicated to the Auction of reference.
The Purchaser, who wins the auctioned product, will pay by bank transfer or other payment procedure, available on the Marketplace, the offered price and award to the Seller, within the term established by the regulation and by the conditions of participation in the single auction, which will provide for its exclusive care and costs, to the shipment and delivery to the Buyer of the Product in the auction. If the award is not completed due to lack of requirements or other conditions impeding the Purchaser or non-payment of the price within the term established by the auction conditions, GEM24K S.r.l. he will be able to award the second highest bidder, to the last bid made by the latter.
It will be the exclusive responsibility of Seller and Buyer to evaluate, consider and fulfill any tax burden required by the law of the country and connected to the auction.
In particular, the system allows the Seller to enter and detail the information of the product he intends to place in Auction. Subsequently GEM24K S.r.l. will propose to the Seller the conditions necessary for the execution of the Auction itself: starting price, reserve price, commission for GEM24K S.r.l. as Auction fee, start and end dates and times and other basic parameters. Upon acceptance of the Seller GEM24K S.r.l. it will be able to program the Auction of the product at the agreed conditions.
If the Auction does not obtain minimum bids at the starting price and there is no award, the Product and Lot of Products may be offered again for Sale through Auction Online or may remain published on the Marketplace, even on the Seller’s online page or store, for direct sale at the minimum offer price, for the time established by the Auction conditions during which the Seller remains bound to respect the price and other auction conditions. In the case of direct sales following the auction GEM24K S.r.l. retains its right to receive the pre-established rate or Auction fee. GEM24K S.r.l. assumes no responsibility for the perfect execution of offers. In the case of two or more similar or similar offers, their consideration will take place according to the date and time of arrival.
7.3 Rules of behavior
The Seller who proposed the Product and the operators of GEM24K S.r.l. (including employees, experts or appraisers) can’t participate in the Auction even through a third party or account other than their identification or registration to the Marketplace.
GEM24K S.r.l. reserves the right to verify any non-compliance with this prohibition and to refuse or cancel the offer.
8 DURATION OF RELATIONSHI
Registration and relationship with GEM24K S.r.l. it is indefinite. Time limits can be foreseen by GEM24K S.r.l. for the use of the profile and the package of services chosen by the Seller and for the online visibility of his page in relation to the time allocated to his sale (in case of private sale of the Seller) or the payment fee for the period of duration of the purchased package or the duration established for the single online auction.
9.1 Type of fees
The fees for GEM 24k K S.r.l. concern:
- any fees due for cases of single sales or a package of products, made by private individuals or simple sellers for individual sales, calculated as a percentage of the price obtained from the sale;
- the periodic fees due by the Private or Professional Sellers for the period of use of the publication service and offers catalogs in the granted spaces and activated on the Marketplace according to the package purchased;
- commissions, fees or rights for sale through auction, calculated in percentage to the single product or to the whole of products sold through auction;
- rates due for the use of the “Safe Delivery” service, calculated in percentage to the single product or to the complex of products sold.
9.2 Delinquencies and suspension
In case of non-payment of the fee and following written notice also by e-mail, GEM24K S.r.l. may suspend the visibility of the Seller’s page and his access credentials until payment has been made..
9.3 Prohibition of reductions or compensation
The Seller is not entitled to withhold, reduce or offset the fees due, or to reduce usage metrics for the cycle of the purchased package. The packages of services purchased are not cancellable and the fees are not refundable.
10 WITHDRAWAL AND RESOLUTION
GEM24K S.r.l. has the right to terminate the Contract:
- after thirty days from the written notification to the other party of its serious non-fulfillment of any provision of the Contract, unless this part remedied within the aforesaid thirty days and gives timely notice to GEM24K S.r.l .;
- in the foreseen cases of default by the User to articles 4.4, 5.3, 6.1, 6.2, 6.3, 6.4, 6.6, 6.7, 6.8, 7.3, 9.2;
- if the other party applies for admission to bankruptcy, insolvency or other insolvency proceedings.
- in cases under b) and c) the resolution will be effective from the receipt by the user of the resolution communication of GEM24K S.r.l.
10.2 Cancellation of the User’s Registration and Withdrawal
The user may cancel his registration at the Marketplace at any time using the cancellation or cancellation procedure present on the GEM24K S.r.l. website. With the cancellation or cancellation all data entered by the user will be immediately canceled and will be irrecoverable, except for those that GEM24K S.r.l. has the obligation or the need to maintain and keep for the legal obligations or for the purposes of the processing of personal data.
With the cancellation procedure the User recedes from the relationship with GEM24K S.r.l..
The User can also withdraw from the contract at any time with GEM24K S.r.l..
For the simple Seller, the communication will have immediate effect upon its receipt by GEM24K S.r.l.. For the Professional Vendor, the communication will be effective at the end of the cycle of the package of services already purchased and still in progress or, in the absence, will have immediate effect.
10.3 Effect of Expiry or Resolution
With termination of the contract as a result of termination or withdrawal the User will not be entitled to any reimbursement for fees or fees already paid for services purchased in the remaining period from the date in which the relationship is terminated until the conclusion of effectiveness of his payment.
From the expiry or effective date of termination of the Contract:
- the User’s right ceases to use the Marketplace services of GEM24K S.r.l …
- the user’s page, his shop name, URL and anything else connected to them will be interrupted by GEM24K S.r.l.;
- the User’s login credentials will be deactivated.
- GEM24K S.r.l. remains the exclusive owner of all information, contents and technical features of the service and of the pages published on-line on behalf of the Seller, who will have no right to receive them.
11 AVAILABILITY OF THE SERVICE AND MARKETPLACE
11.1 Availability of the service
GEM24K S.r.l. guarantees the average Marketplace availability on 24 hours a day. No responsibility for interruption of service is attributable to GEM24K S.r.l..
11.2 Refunds and limits
The only remedy available to the Seller for the interruption of the service is the request for reimbursement of an amount equal to that envisaged for the fee paid in proportion to the period of non-use exceeding the duration of two continuous days. The request must be sent to GEM24K S.r.l. also by e-mail, which must verify them and if so, authorize it within 30 days. In the event of a negative result, also due to impediments not depending on the site and its operator, GEM24K S.r.l. it will also inform the User by e-mail, providing the reasons for the refusal. The User may also request that any refunds be directly charged to future fees for the use of the Marketplace service.
The User can’t be reimbursed for interruptions due to interventions for updating or maintenance of the platform or the pages on which the Marketplace operates.
12 PROIBHITION OF SALE
The relationship with GEM24K S.r.l. it can’t for any reason be transferred or subletted in whole or in part.
13 PRIVATIVE AND INTELLECTUAL PROPERTY RIGHTS
13.1 GEM24K BRAND
GEM24K S.r.l. is the sole owner of the GEM24K or gem24k trademark and of the gem24k.com domain, as well as all intellectual property rights attributable to them or related, including the Marketplace, its services, individually or collectively considered, its Know How, its metric and its criteria of predisposition, organization, management and use, on which no claim or claim can ever advance the User.
Under no circumstances you may use the company name, site or other information or knowledge subjected to deprivation or private and exclusive use of GEM24K S.r.l. for advertising or promotion or uses that exaggerate from the Marketplace scope.
13.2 Trademarks and names of the user
The User authorizes GEM24K S.r.l. to use its trademarks and its names and others possibly granted to it by others, for the sole purpose of providing the Marketplace services ordered by the User.
14 ITALIAN LAW AND EXCLUSIVE FORUM
Italian law governs this contract and any disputes that may arise in relation to the negotiation relationship.
For disputes relating to this contract and the relationship between Professional Vendor and GEM24K S.r.l. the exclusive jurisdiction to decide is conferred to the Court of Rome. For disputes with private users and consumers the place established by the Italian law in force at that time is competent. The consumer can also make use of the European Union ODR platform, available at the web address https://ec.europa.eu/consumers/odr. In any case, the parties undertake to give prior notice to a Mediation body for attempting conciliation before introducing any judgment pursuant to Legislative Decree 28/2010.