Terms & Conditions

 

  1. Content of the Service

Recambio S.r.l. with registered office in Via Lughese Nord 2135 (Bo) Italy, makes available to users who intend to make use of it a web-based service (henceforth the “Basic Service” and/or “Service”) that allows to publish and consult ads and listings of private or professional individuals who intend to sell or purchase goods or lend and receive services.

  1. Ownership of the platform

Recambio S.r.l., is the sole owner of the web platform through which the Service is managed as well as of all related rights inherent and consequent to the exploitation of the platform itself.

  1. Applicability of conditions

These General Terms and Conditions of the Service apply both to users who use the Service in consultation with posted advertisements and to private or professional advertiser users (hereinafter collectively “user(s)”).

  1. Terms for use of the Service

Use of the Service is allowed only for users of legal age according to Italian law (over 18 years old). Any use of the Service is also granted to users who have reached the age of sixteen years only downstream of the authorization and in any case under the supervision of parents or those who exercise parental authority or guardianship, who will then assume all responsibility for the actions of the minor towards Recambio S.r.l. and third parties in any capacity involved.

The use of the Basic Service allows the free consultation of ads and the publication of advertisements and the creation of users aimed at the use of this service. Certain specific features of the Service, listings in specific product categories and listings in excess of the thresholds set for certain categories may be made available only for a fee as per the specific terms and conditions of the contract relating to those services.

The user agrees not to misuse the contacts on the Recambio platform in any capacity. By way of example, but not limited to, sending advertising, promotional materials, or any other form of unauthorized or unsolicited solicitation by e-mail or any other method of contact is prohibited.

Users will retain ownership of all proprietary rights to any videos, photographs, still images, audio or other material (hereinafter, the “Reproductions”) that Recambio has allowed them to post on its site. Notwithstanding the foregoing, you hereby grant Recambio a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and unrestricted territorial license to use (including in conjunction with other audio and/or video and/or photographic materials) and, therefore, fix, within the Site and/or in any other medium (whether digital electronic or hard copy), reproduce, modify, adapt, translate, distribute, publish, display, publicly reproduce the User’s Reproductions, undertaking moreover not to object to the publication, use, modification, deletion and exploitation of the Reproductions by Recambio.

By using the Service, users assume sole responsibility regarding the right to use the Reproductions posted by them on the site, indemnifying and holding Recambio harmless from any claim and/or demand made by third parties for infringement of the latter’s rights.

At the time of registration on the site by the user, the user will be required to provide his or her real biographical data without resorting to the use of temporary or alias email addresses (i.e. addresses associated with his or her own email address from which, however, it is not possible to send emails but only to receive them). It is expressly understood that, in the event of failure of the user to comply with the provisions of this clause, Recambio shall be deemed relieved of the burden of providing certain support services to the same, as it is unable to verify the user-email correspondence.

  1. User responsibility

The user is totally and exclusively responsible for the use of the Service (to be understood expressly with regard to the functions of publication, consultation, and management of the advertisements) and is therefore the sole guarantor and responsible for the goods and services offered through the Service as well as the correctness, completeness, and lawfulness of the advertisements. The user does not guarantee the availability and/or ownership of the good/service that is the subject of these listings, but if it turns out that 3 times a good is not available from the user, then Recambio reserves the right to exclude the user from using the platform . You also warrant that your ads do not infringe any copyright or industrial property right or other right of any third party. In the event of a dispute by a third party regarding any ad or conduct related thereto, the user assumes full responsibility and agrees to hold Recambio S.r.l. harmless and indemnified from any damage, loss or expense. You also assume all liability for any damage that may result to your computer system from your use of the Service or that of any third party. Finally, it is understood that any use of robots, spiders, scrapers, and/or other automatic tools to access the site and/or to extract its data, content, information is expressly prohibited.

  1. Limitation of liability

Recambio S.r.l. makes no warranties as to the content, completeness, or accuracy of the published advertisements either with respect to the data published or with reference to the number or quality of results obtained through the Service. In any case Recambio S.r.l. reserves, at any time, the right to evaluate, approve, delete or prevent the advertisement in the event that, in its sole discretion, the user’s use of the Service relates to particular merchandise sections or may be considered harmful to the rights or prerogatives of Recambio S.r.l. or third parties. It is understood that even in the case of evaluation and approval of the advertisements (whether automatic or manual) Recambio S.r.l. does not give any guarantee about their content, completeness and correctness.

The Service is offered through the
www.recambio.it
, and mobile applications that may contain banners/links to other Internet sites or applications that are not under the control of Recambio S.r.l.; the publication of the aforementioned banners/links does not imply approval or endorsement by Recambio S.r.l. of the relevant sites and their contents, nor does it imply any form of guarantee by Recambio S.r.l., which therefore assumes no responsibility. The user acknowledges, therefore, that Recambio S.r.l. is not responsible, merely by way of example, for the truthfulness, correctness, completeness, respect for intellectual and/or industrial property rights, nor is it responsible for their possible opposition to public order, morality and/or morality.

  1. Limitations in the delivery of the Service

Recambio S.r.l. reserves the right to modify, suspend or discontinue, in whole or in part, the Service at any time, even without prior notice and without being required to state the reasons underlying such actions. Recambio S.r.l. shall not be held liable for damages resulting from the failure to provide the Service covered by this contract due to the malfunction or failure of electronic means of communication for causes beyond its foreseeable control.

By way of example, but not limited to, the malfunctioning of servers and other electronic devices even if they are not an integral part of the Internet network, malfunctioning of installed software, computer viruses, as well as from the actions of hackers or other users with access to the network.

  1. Serial posting of ads and/or for third parties

It is expressly forbidden, unless explicitly authorized by Recambio S.r.l.:
– The use of automatic ad uploading systems, except those expressly authorized by Recambio S.r.l.;
– The serial publication and/or management of advertisements for third parties by any means or methods;
– Resell the services of Recambio S.r.l. to third parties.

  1. Limitations on the content of publications and information related to the user’s profile

You agree not to falsify your identity and to comply with all applicable legal requirements.

You also agree not to use the Service for the publication, transmission, or exchange of material that is illicit, vulgar, obscene, libelous, defamatory, offensive to current morals, or, in any case, injurious to the rights of others or messages inciting racial or religious hatred and discrimination. In addition, the user agrees not to use the Service in such a way as to violate intellectual or industrial property rights of Recambio S.r.l. or third parties.

You acknowledge and agree that the Service will require, for auditing and security purposes, the completion of a specific identification process prior to proceeding to post ads or to access and/or continue to use the Service.

  1. Additional publications

Subito.it S.r.l. prohibits the use by software/applications/sites so-called aggregators and/or third parties, not expressly and previously authorized, of any content pertaining to the Service. Any violation of the above prohibition may be prosecuted according to law.

  1. User evaluation

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  1. Jurisdiction, applicable law and venue

Relations between Recambio S.r.l.and users are governed by Italian law and jurisdiction, under which these General Conditions shall also be interpreted. Except as provided by non-derogable provisions of law, the Court of Milan shall have exclusive jurisdiction to settle any dispute concerning these General Conditions and the relationships governed by them.

  1. Validity of these General Terms and Conditions

These Terms and Conditions of Service shall be deemed applicable, where compatible, even in the event of additional, different, and specific agreements relating to paid services. However, Recambio S.r.l. may unilaterally make changes to these General Conditions at any time by giving notice on its web platform.

  1. Changes

These conditions may be subject to change. In the event of substantial changes, Recambio S.r.l. will notify the user by posting them as prominently as possible on its pages or by email or other means of communication.