Third party supplier terms and conditions

Third Party Supplier Terms and Conditions

This document sets out the general terms and conditions on the basis of which third-party providers, other than the application owner, offer users their products available on the website and on the www.marketnail.com application.

1. Definitions

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    Third Party Supplier: the natural or legal person who, acting in the exercise of his commercial, craft or professional entrepreneurial activity, sells and / or supplies the Products through the Application, whose identification details are indicated in the Application within the relative Product pages

o    Owner: Beauty Marketplace Srls, with registered office in Via Valfrè 14, 10121, Torino, Italy, VAT number IT12619090017, PEC address beautymarketplace@pec.net

o    Application: the website and the www.marketnail.com application, which hosts a platform managed by the Data Controller that allows users interested in the products offered by the Third Party Provider to be connected

o    Products: physical products, digital products (content and services provided in digital format), services sold by the Third Party Provider

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    Conditions: this contract governing the sale or supply of the Products offered through the Application by the Third Party Provider both through remote communication techniques and without the aid of these.

2. Scope of the Conditions

The Owner is not part of the relationship that will be established exclusively between Users and Third Party Suppliers and assumes no responsibility deriving from the relationships established between them, having to be considered as a mere technical manager of the Application.

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 for 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.

3. 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.

Natural persons are allowed to purchase only on condition that they are of legal age. For minors, any purchase of Products through the Application must be screened and authorized by their parents or parental responsibility operators.

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 Third Party Provider as described below. Therefore, the Third Party Provider will have, at its sole discretion, the right to accept or refuse the User's order without the latter being able to object or complain about anything for any reason and / or reason.

The contract for the sale of the Products is concluded with the acceptance by the Third Party Provider of the User's contractual proposal. The Third Party Provider 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 and its possible exclusion and 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 Third Party Provider will inform the User of the new terms of delivery or supply, asking if it intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Third Party Supplier.

The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Third Party Provider of any errors and will keep a copy of his order, the relative confirmation and the Conditions.

4. Prices and payments

For each Product the price is indicated, including VAT, if due. 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 charges will be indicated, which may vary depending on the destination, the chosen delivery method and/or the payment method used. 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 Third Party Provider reserves the right to change, 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 directly on the Application in the times and ways indicated therein and to communicate all the necessary data that may be requested.

5. Invoicing

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 Third Party Provider any more extensive indemnity in this regard.

6. 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 Third Party Provider 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 Third Party Provider shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract due to force majeure.

7. How Digital Products and Services Are Provided

The Third Party Provider will provide 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 to the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Third Party Provider became aware of the refund request.

8. Exclusion of the right of withdrawal of Professional Users

The Professional User is not granted the right of withdrawal from the contract of sale 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.

9. 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).

10. Limitation of Liability

The Third Party Provider cannot be held responsible towards the User for disservices or malfunctions related to the use of the Internet outside its control or that of its suppliers.

The Third Party Provider will also not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him, as the User is only entitled to any full refund of the price paid and any ancillary charges incurred.

The Third Party Provider assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment, if it proves to have taken all possible precautions based on the science and experience of the moment and on the basis of ordinary diligence.

The Third Party Provider shall not be liable for:

o    any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the breach of contract by the Third Party Provider

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 shall the Third Party Provider be held liable for an amount exceeding twice the cost paid by the User.

11. Force majeure

The Third Party Provider cannot be held responsible for failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Third Party Provider due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, beyond its control.

The fulfillment of the obligations by the Third Party Provider will be considered suspended for the period in which force majeure events occur.

The Third Party Provider 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.

12. Links to Third Party Sites

The Application may contain links to third party sites/applications. The Third Party Provider 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 the individual services, with respect to which the Third Party Provider assumes no responsibility.

13. Privacy

The User's personal data will be processed in compliance with current legislation and related obligations.

The protection and processing of personal data by the Third Party Provider will take place in accordance with the Privacy Policy that can be consulted on page www.marketnail.com/privacy.

14. Applicable law and jurisdiction

The Conditions are subject to Italian law.

For Professional Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Third Party Provider is based.

Date 08/11/2022