Terms & Conditions
This document contains the general terms and conditions of use of the website and the www.marketnail.com application that offers professional products for the care and beauty of the body, in particular nails, hands and feet provided by the owner of the Application and a third-party provider
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the following meanings:
o Owner: Beautymarketplace S.r.l.s., with registered office in Via Valfrè 14, 10121, Turin (Italy), VAT number / Tax Code IT12619090017, TO 1303844, fully paid-up share capital € 500.00, PEC address firstname.lastname@example.org
o Application: The website and application www.marketnail.com
o Products: tangible products, digital products (content and services provided in digital format), services, sold by the Data Controller
o User: any person who accesses and uses the Application
o Professional User: the natural person of legal age or legal person who concludes a contract for the performance or needs of his business, commercial, craft or professional activity
o Third Party Supplier: the natural or legal person, other than the Owner, who offers the Products through the Application acting in the exercise of his commercial, craft or professional entrepreneurial activity
o Content: any textual or multimedia element present on the Application, for example announcements, advertisements, reviews, images, etc.
o Conditions: this contract governing the relations between the Owner and Users and the sale of the Products offered by the Owner through the Application.
- Relations between Owner, Third Party Provider and Users
The Application hosts a platform managed by the Owner that allows you to connect Users interested in the Products offered by the Owner and the Third Party Supplier.
On the Application, Users can therefore purchase both Products provided by the Owner and Products provided by Third Party Providers. In the Application it is always clearly indicated whether the Product is supplied by the Owner or by a Third Party Supplier.
When the Products are offered by Third Party Suppliers, the Owner is not part of the relationship that will be established exclusively between Users and Third Party Suppliers and does not assume any responsibility deriving from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, any contract entered into between Third Party Providers and Users is not subject to these Conditions.
The terms and conditions of sale of each Third Party Provider are published in the Application under the heading "Terms and Conditions of the Third Party Provider".
- Scope of the Conditions
The use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Conditions and / or any other notice, legal notice, information published or referred to therein, he will not be able to use the Application or the related services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.
Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference.
The Owner reserves the right to change at its discretion, at any time even after the User's registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relative instructions.
- Purchase through the Application
All Products offered through the Application are described in detail on the relevant product pages (quality, characteristics, availability, price, delivery times and costs, delivery times, accessory charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases of one or more Products through the Application are permitted to Professional Users.
Purchases are allowed to natural persons only on condition that they are of legal age. For minors, any purchase and/or request for the supply of Products through the Application must be screened and authorized by their parents or by the operators of parental responsibility.
The offer of Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal, subject to confirmation and / or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not the User's order without the latter being able to object or complain about anything for any reason and / or reason.
The contract of sale of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User, which will show the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and ancillary taxes, the delivery and execution times, the delivery address, the times and any delivery costs, how to exercise the right of withdrawal or its possible exclusion and the warranty.
The contract of sale of the Products is not considered effective between the parties in default of what is indicated in the previous point.
In the event that the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking if he intends to confirm the order or not. It is understood that the contract will be considered perfected in relation to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.
The User has the burden of keeping his access credentials that must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them and to immediately inform the Owner if he suspects or becomes aware of improper use or improper disclosure of the same.
The User guarantees that the personal information provided during the registration process is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the User of the rules on registration to the Application or on the conservation of registration credentials.
- Account cancellation and closure
The registered User may stop using the Application at any time and deactivate his account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address email@example.com.
In case of violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or terminate the User's account at any time and without notice.
- Prices and payments
For each Product the price including VAT, if due, is indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated.
In addition, all taxes, additional charges and delivery costs that may vary depending on the destination, the chosen delivery method and / or the payment method used will be indicated. If these items of expenditure cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no case affect the contracts already concluded before the change.
The User undertakes to pay the price of the Product in the times and ways indicated in the Application and to communicate all the necessary data that may be requested.
The Application uses third-party tools for payment processing and does not come into contact in any way with the payment data provided (credit card number, name of the holder, password, etc.).
If these third-party instruments deny authorization for payment, the Owner will not be able to supply the Products and cannot be considered responsible in any way.
The User who wishes to receive the invoice will be asked for billing data. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be true, releasing to the Owner any wider indemnity in this regard.
- Methods of delivery of Material Products
The Tangible Products (including any tangible goods with digital elements) will be delivered to the address indicated by the User, in the manner and within the term chosen or indicated on the Application and reported in the order confirmation. Unless otherwise specified, the delivery terms specified in the order confirmation indicate the period of time usually necessary to deliver the Product from the moment the courier takes charge.
In the event that it is not possible to supply the requested Products, the User will be promptly notified by e-mail, indicating when it is expected to be able to deliver them or the reasons that make the supply impossible.
If the User does not intend to accept the new term or delivery has become impossible, he may request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Owner became aware of the refund request.
Upon receipt of the Product, the User is required to verify its compliance with the order placed as well as the integrity of the packaging. In the event that there is obvious damage to the packaging and / or the Product, the User may refuse delivery of the Product and may return it at no cost to him. Once the delivery document has been signed, the User may not make any objection about the external characteristics of the Products delivered.
The Owner will not be liable to any party or third parties for damages, losses and costs incurred as a result of failure to execute the contract due to force majeure.
- How Digital Products and Services Are Provided
The Owner will supply the Digital Products, including any digital products supplied on a material medium and / or services to the User, in the manner and within the term indicated on the Application and reported in the order confirmation.
In the event that it is not possible to provide the Digital Products and services requested within this period, the User will be promptly notified by e-mail, indicating when it is expected to be able to supply them or the reasons that make the supply impossible.
If the User does not intend to accept the new term or the supply has become impossible, he may request a refund of the amount paid, which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Owner became aware of the refund request.
- Exclusion of the right of withdrawal of Professional Users
The Professional User is not granted the right of withdrawal from the contract of sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a Professional User, for which there is no right of withdrawal.
- Warranty of Material Products for Professional Users
In relation to Material Products, Professional Users will be subject to guarantees for defects in the thing sold, the guarantee for lack of quality promised and essential and other guarantees provided for by the Civil Code with the relative terms, forfeitures and limitations (articles 1490 et seq. of the Italian Civil Code).
- User Submission Content
The User may upload Content to the Application, provided that it is not unlawful (i.e. obscene, intimidating, defamatory, pornographic, abusive or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or is not otherwise harmful to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mails or any other form of spamming. In the event of a dispute by third parties, the User assumes full responsibility and undertakes to indemnify and hold the Owner harmless from any damage, loss or expense.
The User guarantees that the Content is sent to the Application through his account by adults. For minors, the submission of Content must be examined and authorized by parents or parental responsibility.
The User is totally and exclusively responsible for the use of the Application with regard to the functions of publication, consultation, management of the Content and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Contents and their behavior.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate his identity, or otherwise to falsely declare the origin of the Contents.
The Owner is not able to ensure precise control over the Content received and reserves the right at any time to delete, move, modify those that, at its discretion, appear illicit, abusive, defamatory, obscene or harmful to copyright and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use over the Content sent, without limitation of geographical areas. The Owner may therefore, directly or through trusted third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any mode of communication) in any form, any Content (including images, messages, including audio and video) that should it be sent by the User, also through third parties.
The Contents sent will not be returned and the Owner will not be responsible to Users for the loss, modification or destruction of the Content transmitted.
It is expressly prohibited, unless explicitly authorized by the Data Controller: i) the use of automatic ad loading systems, except those expressly authorized, ii) serial publication and / or management of ads on behalf of third parties by any means or methods, iii) resell the services of the Owner to third parties.
- Industrial and Intellectual Property Rights
All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright legislation and trademark protection legislation. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorized the Owner to publish them in the Application. Without prejudice to strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorization from the Owner.
- Disclaimer of Warranties
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will never have interruptions or will be error-free or that it will be free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.
- Limitation of Liability
The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside the control of its own or its suppliers.
The Owner will also not be responsible for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, having the User only entitled to any full refund of the price paid and any ancillary charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, name of the holder, password, etc.)
The Data Controller will not be responsible for:
o any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
o incorrect or unsuitable use of the Application by Users or third parties
o the issuance of incorrect documents or tax data due to errors in the data provided by the User, the latter being solely responsible for the correct insertion
Under no circumstances may the Owner be held liable for a sum exceeding twice the cost paid by the User.
- Force majeure
The Data Controller cannot be held responsible for failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Data Controller due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfillment of the obligations by the Data Controller will be considered suspended for the period in which force majeure events occur.
The Data Controller will perform any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
- Links to Third Party Sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to individual services, for which the Data Controller assumes no responsibility.
- Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Professional users, for any dispute relating to the Application, execution and interpretation of these Conditions, the court of the place where the Owner is based is competent.
For Consumer Users any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in Articles. 18, 19 and 20 of the Civil Procedure Code.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
- Online dispute resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and / or arising from contracts for the sale of goods and supply of services stipulated on the network. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/