General conditions of Sale
1. OBJECT AND DEFINITIONS
1.1 These general conditions of contract (hereinafter, the “General Conditions”) contain the terms and conditions that regulate the provision of the services available on the cestlux.it site (hereinafter, the “cestlux.it”).
The General Conditions govern and constitute the relationship between you, as the end user of the services (hereinafter, “You” or the “User”) and the company Concept FBO Srl, with registered office in Italy, Viale Montegrappa 247, 59100 Prato, Tax Code and VAT no. 01955960974 (hereinafter, “Concept”).
These General Conditions govern and regulate the Service provided by Concept to the User through the cestlux.it site. “Service” means an electronic commerce brokerage service, consisting in the aggregation of the demand of two or more users of the cestlux.it site for the purchase at advantageous conditions of goods or services offered for sale by third parties (hereinafter , each, an “Advertiser”) through the site cestlux.it.
For any complaints, please contact Concept using the contacts indicated in the following art. 15.
1.2 In addition to the terms and words defined elsewhere in the General Conditions, for the purposes of the same, the following are defined:
“Good” is considered the good or service offered on the cestlux.it site by an Advertiser, as specified from time to time on the pages of the cestlux.it site dedicated to each Good;
“Causes of Force Majeure” by way of example and without any limitative intent, causes of force majeure pursuant to and for the effects of the General Conditions are considered: lockouts, strikes, absolute lack of means of transport, war, revolt or other military actions, floods, fires, lightning, explosions, accidents, power outages, interruptions, malfunctions, overloads of telephone or telematic lines.
“Conditions of Use of the Good” the conditions of use of the Good by the User, specified by each Advertiser in the respective Listing and accepted by the User at the time of purchase of each Good;
“Effective Date” is considered the date of acceptance of these General Conditions by the User;
“Duration of the Contract” the duration of these General Conditions, as indicated in the following article 9;
“Listing” each page of cestlux.it on which Concept proposes users to purchase an Asset in the name and on behalf of an Advertiser;
– “Party” Concept or the User;
– “List Price of the Good” the list price of an Asset declared by an Advertiser in each Listing;
– “Discount” any discount granted to the User by the Advertiser and calculated on the List Price of the Property to the extent indicated in each Listing;
We inform you that with the completion of the order sending or, in any case, using the Service, you declare that you have read and expressly accept these General Conditions. Registration on cestlux.it and the use of the Service are completely free (except for the costs of connecting to the Internet, which are borne by the User on the basis of the economic conditions established by their operator). If you do not intend to accept even one of the terms and conditions of the General Conditions, we kindly invite you not to use the Service and to abandon cestlux.it.
Upon acceptance, a copy of these General Conditions will also be sent to you by e-mail, to the address provided to us during registration so that you can proceed with their storage and reproduction.
These General Conditions govern only the provision of the Service from Concept to the User. To make and finalize the purchase of a Good, you must accept the Conditions of Use of the Good. For each purchase of a good made on cestlux.it you will receive a confirmation e-mail to the e-mail address indicated during registration. which will contain a summary of the General Conditions and the particular conditions applicable to the purchase of the Property, the information relating to the essential characteristics of the Property, an indication of the Advance to be paid, the means of payment available and the right of withdrawal. Purchases made will be recorded on your personal page of cestlux.it, which you can access using the username and password chosen during registration.
You acknowledge and agree that the Goods purchased by you on cestlux.it are sold and supplied directly and exclusively by the Advertisers and that Concept provides a mere intermediation service in electronic commerce. Concept, therefore, by selling each Asset on cestlux.it in the name and on behalf of the respective Advertiser, is not and will not be part of the individual sales contracts stipulated between you and each Advertiser.
3.1 Each Listing contains the description of the Good offered by the relevant Advertiser, the Conditions of Use of the Good provided by the Advertiser, the indication of the List Price of the Good, of any Discounts and Advances requested from the Customer, as well as any other information necessary to finalize the purchase of the Property and to use it.
In the case of Ads relating to special promotions on certain products, each Listing will be valid starting from the date specified on the cestlux.it page dedicated to each Listing and will end (i) on the expiry date indicated on the cestlux.it page dedicated to each Listing or, if earlier, (ii) when the Maximum Order Threshold was reached (hereinafter, the “Listing Expiry Date”). You acknowledge and agree that no Goods may be purchased by you on cestlux.it if the Maximum Threshold has already been reached.
3.2 By clicking on the [“Buy”] button in an Advert, you undertake to purchase the Goods specified in the Advert and declare that you have read, understood and accepted the Conditions of Use of the Goods and any other terms and conditions indicated by the Advertiser.
3.3 The cestlux.it is structured in such a way as to allow you to identify and correct any data entry errors before submitting the order for an asset.
3.4 You undertake to pay Concept the Advance within 1 (one) day from the Ad Deadline Date. You acknowledge and accept that the Advance is collected by Concept in the name and on behalf of the Advertiser and that it is paid by you, pursuant to art. 1385 cc, as a deposit for the purchase of the property. Therefore, if you do not pay the Final Price of the Good to the Advertiser or in any case do not demand the Good, Concept, pursuant to art. 1385 co. 2 of the Italian Civil Code, will have the right to retain the Advance in the name and on behalf of the Advertiser, thus having to consider exercised the right of withdrawal from the contract of sale of the Property by the same Advertiser. In this case, you will therefore have no right to a refund of the Advance already paid. In case of payment of the Final Price of the Property,
3.5 Each Advance can be paid by credit card or PayPal.
3.6 Upon payment to the Advertiser of the Final Price of the Good (net of the Advance), the Advertiser will issue you an invoice or receipt for an amount equal to the Final Price of the Good.
3.7 The User acknowledges and accepts that in the event of a violation by the User of the law, of the rights of third parties or of these General Conditions, Concept may at its complete discretion suspend or interrupt the provision of the Service, close the account of the User, prevent access to cestlux.it or take any other action useful to protect the current or potential rights and interests of Concept. Furthermore, Concept reserves the right to cancel or suspend the User’s account that has not been confirmed or has not been used for more than six months.
The User declares and guarantees:
The User expressly acknowledges that Concept does not act in any way either as a seller or as an auction house in relation to the Goods appearing on cestlux.it, acting as a mere intermediary between Advertisers and users, for the exclusive purpose of aggregating the demand, make it meet the offer and obtain advantageous sales conditions for its users, in the form of discount coupons.
The cestlux.it contains purchase proposals made by third party Advertisers and Concept does not directly assume any obligation to contract and conclude agreements of any kind with the User or with third parties.
Advertisers are the only contractual counterpart of the Users and Concept is totally unrelated to the individual trades stipulated between Advertisers and users of cestlux.it and has no control over the Goods offered and sold by Advertisers.
Concept therefore does not issue any declaration or guarantee to the User about, by way of example only, (i) the quality, lawfulness, safety, conformity and characteristics of the Goods purchased on cestlux.it, (ii) the truthfulness, the correctness and completeness of the Advertisements, also as regards the information to be made compulsorily to consumers pursuant to the applicable law, (iii) the correct fulfillment of the obligations and promises of the Advertisers, (iv) the ownership of the Goods and the capacity of Advertisers to dispose of it, (v) the proper functioning or suitability of the Goods.
Except in the case of willful misconduct or gross negligence, to the maximum extent permitted by law, the User acknowledges and accepts that Concept will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect. , including any legal fees suffered and / or incurred by the User in connection with the purchase and / or use of the Goods offered by Advertisers and / or, in any case, in connection with the Service provided by Concept pursuant to of the General Conditions. Therefore, no compensation for damage can be requested by the User from Concept for any damage suffered as a result of using the Service.
The User acknowledges and accepts that, in the event that the Advertiser does not recognize the User the right to use the Coupon, Concept will only be required to return the Advance already paid to the User, remaining excluded, except in the case of willful misconduct. or gross negligence, any other liability of Concept in any capacity.
Concept informs you that, pursuant to art. 64 of Legislative Decree. 6 September 2005, n. 205 (Consumer Code), if you act as a consumer, in some cases you have the right to withdraw from the sales and supply contracts of an Item stipulated with an Advertiser without any penalty and without specifying the reason within and not beyond the deadline. 10 working days from the advance payment date. You can exercise your right of withdrawal by sending a registered letter with acknowledgment of receipt to Concept at the address indicated in the following art. 15. The communication can also be sent by telegram, telex, e-mail and fax, provided that it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours.
Concept also informs you that in accordance with the aforementioned article 64 you do not have the right of withdrawal, even if you are acting as a consumer, for contracts concerning the supply:
Concept respects and protects the privacy of its Users. Concept does not use your personal data for marketing purposes and / or sending commercial communications and / or direct sales without having obtained your prior express consent.
We also remind you that, by accessing your personal area of cestlux.it, you can at any time correct, rectify or update your personal data.
Both the User and the Advertiser will not be able to assign the obligations deriving from the contract for the sale of the Good, the contract itself without the consent of the other contractor.
9.1 These General Conditions are effective from the Effective Date, will remain in force for a period of 1 (one) year from that date and will be automatically renewed for subsequent periods of one year each, unless one Party communicates to the other Party by registered letter with return receipt your intention not to renew the General Conditions at least 30 (thirty) days from the expiry of each renewal.
9.2 The following clauses of the General Conditions will remain valid and effective even after the conclusion of these General Conditions: art. 3.4 (Obligation to Pay the Advance); art. 4 (User declarations and warranties); art. 5 (Liability); art. 12 (Applicable Law and Jurisdiction); art. 14 (Miscellaneous); art. 15 (Communications).
Each Party may withdraw from these Conditions at any time, by simple written communication to the other Party with at least 15 (fifteen) days’ notice. It is understood that, even in the event of withdrawal, the User must pay Concept the Advances relating to Goods already purchased.
Concept, pursuant to art. 1456 cod. civ., may terminate the General Conditions with immediate effect, by simply sending a written communication to the User, if the User has violated one or more of the following provisions of the General Conditions: art. 3, 4, 5, 8. In any case, Concept remains entitled to compensation for damage.
12. APPLICABLE LAW AND JURISDICTION
12.1 These General Conditions are entirely governed by Italian law.
12.2 Without prejudice to the provisions of the Consumer Code for the protection of consumers in the matter of competent court, any dispute arose between the Parties in relation to the validity, interpretation, execution and resolution of these General Conditions and / or in any case in connection with these General Conditions it will be the exclusive competence of the Court of Florence, with the exclusion of any other, even competitor or alternative.
Concept Srls reserves the right to update or modify these General Conditions at any time, in the event that such updates or changes become necessary to adapt the Service to the provisions of the law or regulations that have arisen, to implement security measures that are necessary to optimize the provision of the Service or to improve the characteristics of the Service.Concept Srl will inform you of the changes that have occurred directly on cestlux.it. The changes to the General Conditions will be automatically valid and effective starting from the 10th day from the date of publication on cestlux.it and will be considered accepted by the User. The User acknowledges and accepts that it will be his / her responsibility to periodically check the cestlux page. it which contains the General Conditions in order to check for any updates. In case of changes to these General Conditions, the User will in any case have the right of withdrawal, which he can exercise at any time through simple written communication to Concept or by directly closing his account on cestlux.it through his personal area, it being understood that, in the event of withdrawal, the User must pay Concept the Advances for the Goods already purchased.
14.1 Any tolerance by Concept towards User behavior in violation of any provision of the General Conditions does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfillment of all the provisions of the Conditions Generals themselves.
14.2 Failure or delay in exercising a right due to Concept pursuant to the General Conditions does not entail renunciation of the same.
14.3 The General Conditions contain the overall agreement reached by the Parties with respect to the subject of the same and they prevail over all previous communications, declarations, as well as understandings and agreements, both oral and written, reached by the Parties.
14.4 If any term or other provision of these General Conditions is declared null, void or inapplicable, all other conditions and provisions of these General Conditions will remain, however, fully valid and effective. In the event that there is the cancellation or nullity of some term or provision as invalid, contrary to mandatory rules or inapplicable, the Parties undertake to negotiate in good faith to modify these General Conditions in such a way as to achieve in the best way possible the original intention of the Parties in order to fulfill the commitments set out therein in the best possible way.
14.5 Concept and the Users act in full autonomy and independence. These General Conditions do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate work between them.
Any communication from one Party to the other pursuant to the General Conditions must be sent either by registered letter or by fax or by e-mail (provided with the option of notification of receipt) to the following addresses: