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General Terms of contract and services

1. Preliminary remarks.

1.   WTC Services S.r.l.s., Social Security Number and VAT Registration Number 14561821001, with registered office in 00195 Rome (RM), via Filippo Corridoni n. 15 ("Company") is the owner of the website www.worldtradecontacts.com.

2.   Www.worldtradecontacts.com aims to promote and advertise, among its worldwide users ("Clients"), the business of companies and professionals who have joined the Website ("Suppliers") by providing appropriate support in favor of Company to publish and sell on the Website the Product, subject of the present Contract.

3.   With the present General Terms and Conditions ("GTC") WTC Services S.r.l.s. regulates the commercial relations with the users of the Website, whether they are simple Browsers and / or Clients, as defined below, through a computerised negotiation.

4.   For everything which is not specified in the present GTC, reference is made to the Privacy Policy.

 

2. Definitions

1.   The following meaning is given to the expressions conventionally indicated with a capital letter (both singular and plural) :

●    Website: Internet site accessible at the URL www.worldtradecontacts.com;

●    Client: the person who concludes the contract with the Company. According to the Codice del Consumo Italiano (Decreto Legislativo n.206 / 2005), the consumer is defined as the natural person who acts for purposes unrelated to the business or professional activity that may be carried out ("Consumer") and the professional is the individual  or  the legal entity exercising his entrepreneurial or professional activity, i.e. his intermediary ("Professional"). When in the present GTC we refer to a Client, we intend both the Consumer and the Professional; if the Client does not express his status during the registration – whether he is the Consumer or the Professional - given the main purpose of the Service offered and subject of the present Contract, the Client will be considered a Professional;

●    Registration: the operation that involves the issue of credentials ("Identification Codes"), represented by a User ID (in the form of an alphanumeric code) and a Password (in the form of an alphanumeric code), which allow the access to a personal area (login). The Registration has the function of identifying the Client during his/her purchases made over time and it allows a better usability of the Website, also through the access to the personal area;

●    Parties: Company and Client;

●    Transaction: any transaction carried out electronically involving obligations between the Parties;

●    Product: service object of the single Transaction (specifically Company’s Name, Address, Email Address, Telephone, Social Contacts and Products categories treated by Suppliers). All the information relating to the Products collected in the relative form cannot be considered compulsory for the Company except in the forms and procedures provided by the present GTC. It should be noted that the form contains only the data needed to identify the product category of Suppliers and any relevant information of the Product. Thus, given the peculiarity of the service offered by the Company, in case of particular needs, it is The Client's responsibility to ask the Company for additional information on Product;

●    Contract: agreement for the trade of one or more Products finalised electronically between the Parties, according to the present GTC. The Contract is considered concluded in the location where the Company has its registered office;

●    Browser: subject that visits and navigates on the Website, committing himself to respect the regulation here provided for him, even if he is not a Client;

●    Price:

●    The amount to be paid for the purchase of the Product.

●    The price indicated in the Product form (€ 1.00) is valid for all Clients of

the Website whether they are resident or not in the European Union.

●    For Clients, whether they are resident or not in the European Union, the Price expressed in Euro and indicated in the Product form includes the VAT, if due. For Professionals, whether they are domiciled or not in the European Union, the Price must be understood net of any tax disbursement required by law and VAT, in particular.

●    Charges: additional and possible charges placed on the Clients for the purchase of the shipping costs, for example. These charges will however be specified to the Client before the conclusion of the Contract;

●    Financial Intermediary: the entity authorized by Company, through which the payment of the Price and any Charges (e.g Paypal, credit institution, etc.) can be processed;

●    Delivery: receipt of the Product object of trade that will take place exclusively via an electronic exchange at the PEO and / or PEC email address indicated by the Client to the Company.

 

3. Subject of the Contract

1.   The presentation of the service offered by the Company is an invitation to tender.

2.   All the information related to the Products collected in the relative form are not compulsory for the Company, as published according to the indications received from the Suppliers authorizing the publication on the Website. Therefore, the Client cannot charge the Company for any "Product anomalies". As simple and not exhaustive examples, it’s intended: termination or bankruptcy of the Supplier; change of activity; activities performed and not actually provided by the Supplier.

3.   With these GTC Company sells and the Client purchases online the service object of the transaction (better indicated as Product) and offered for sale on the Website.

4.   The Contract is exclusively concluded through the Internet when the client accesses www.worldtradecontacts.com and he orders according to the procedure provided by the Website itself.

5.   The Client, who wishes to buy one or more Products, will select them one by one in order to add them to their cart. Once the selection of the Products to be purchased has been completed, the shopping cart can be closed, and the order can be submitted. Then, a summary page will display as well as the Products selected, their price and the possible shipments options and payment methods.

6.   The order will be considered as a purchase contract proposal addressed to the Company for the Products listed, each one will be considered individually. Once the order is received, an automatic message might be sent to confirm the reimbursement of the order. The order confirmation does not constitute acceptance of the purchase proposal.

7.   Given the nature of the service object of the contract, the contract will be concluded when the Companyreceives the payment required by the Transaction or the communication sent by the Financial Intermediary of the Client payment disposition. Once this takes place, Company will immediately start the service.

8.   These GTCs, although included in the online contracts negotiated out of the business premises, are related to service contracts that provide digital content through non-material support. Therefore, given the nature of the service covered by the Contract, in compliance with the regulations related to the subject as well as what stated in the Codice del Consumo Italiano (Decreto Legislativo No. 206/2005) and in these GTC(see Article 4 point 4) the Client’s right to withdrawal might be excluded because:

  • The Product consists in the provision of a digital-content- service through a non-material support and the execution began with the express Client’s agreement, accepting that in this above stated case he would lose the right to withdrawal;
  • The Contract is related to a service provision and the complete service provision excludes the right to withdrawal as the execution began with the express Client’s agreement and with the acceptance of the loss of the right to withdrawal due to the full execution of the contract by the Company.

 

4. Client's obligations

1.   The Client undertakes to:

  • (i) view and read these GTC and the Privacy Policy;
  • (ii) comply with the GTC;
  • (iii) use the Website only for consulting the Products and for sending orders;
  • (iv) print and retain these GTC;
  • (v) insert truthful and correct data during the registration procedure to the Website and in the further communications sent to the Company and promptly update the data and information provided, including the electronic address where the Product will be received;
  • (vi) inform the Company about its status as Client or Professional.  If this data is missing, given the main purpose of the Service offered and subject of this Contract, the Client will be considered as a Professional.
  • (vii) do not enter third parties data and / or false data, therefore, the Client undertakes not to falsify his identity and he complies with all the current legislation as well as the Company Rules / Conditions, which accepts and looks over before each Order;
  • (viii) to release the Company from any liability regarding the issue of incorrect tax documents due to errors in the data provided by the Client, who is the solely responsible for the insertion;
  • (viii) to release Company from any improper and distorted use of the Product.
  • (ix) release the Company from any "anomalies" of the Product (see Art. 3 point 2)
  • (x) not to use the Website for the publication, transmission, exchange of illicit, vulgar, obscene, libelous, defamatory, moral offensive, or otherwise harmful to the rights of others or messages inciting hatred and racial or religious discrimination. Furthermore, the Client undertakes not to use the Service to violate the intellectual or industrial property rights of the CompanySuppliers and / or third parties.

2.   By making orders and purchases on the Website, the Client guarantees to be over 18 years old.

3.   The Client, while processing the order, given the object and the nature of the Contract, acknowledges and accepts that the Company will immediately start the service.

4.   Without prejudice to the provisions regarding the protection of the Company’s industrial and intellectual property, the Client undertakes to use the images on the Website only for personal-professional and company purposes, functional for the purchase of the Product, since it’s prohibited the Product reproduction, publication and distribution for commercial purposes, subject to the specific written agreement with the Company.

5.   The Client undertakes not to disclose to third parties the content of the Product purchased by the Company without express authorization of the Company (the only legal entity to have obtained the necessary authorizations to disseminate the Product). In any case, the Client declares to indemnify  the Company from any action, claim, loss, request, liability, damage, costs and expenses (including the fees of legal consultants and the costs of investigation procedures) correlated with any action, request or judicial proceeding promoted by the Product Supplier and / or third parties in relation to: (i) any violation by the Client of the representations, guarantees or obligations indicated in this Contract; (ii) negligence, fraudulent conduct or breach of the present Contract by the Client.

6.   Without prejudice to the above points 4 and 5, as well as the provisions of the Codice Penale Italiano, in case of non-compliance with these provisions the Client will be required to refund the Company by paying a sum equal to 50 times the price of the purchased Product.

 

5. Purchase order

1. The Parties, except as subsequently provided for in Art. 7 point 2, agree that the Client can perform in a single order a maximum of 250 units, even different, and complete the purchase, according to the following procedures:

  • consultation of the on-line catalog and verification of the product category and the intrinsic characteristics of the Product as described in the relevant form;
  • selection of the single Product;
  • eventual pursuit of the purchase session with further insertion of products in the cart ("Back to the catalog" icon) for a maximum of 250 per registration or subsequent log in (except as expressly indicated hereinafter);
  • pursuit of the selection of Products and start of the procedure to complete the purchase ("Buy" icon);
  • Client registration by filling in the form with the registry, including the data for billing and shipping the Product.
  • The data will be processed in accordance with the Privacy Policy. Once you have created your personal data, the Client can complete the purchase process by simply logging in (in this case, as a result of subsequent accesses, all the products purchased will be visible) avoiding to fill it again. Hence, the form needs to be re-filled in only for variations or additions;
  • verification of the order summary, including any shipping charges;
  • eventual change or integration of the order;
  • telematic confirmation of the order according to the instructions ("Submit the order" icon);
  • It’s required to flag a specific box to accept the contractual terms and conditions and any specific clauses;
  • It depends on the payment method chosen:
  • in case of payment by credit card; Paypal or bank transfer:
    • payment of the Price (in addition to the charges specified in the order summary), following the expected instructions and operations;
    • receipt of emails confirming the successful completion of the Transaction, with a summary of the order and other useful information;
    • receipt of the email confirming the acceptance of the order with a summary of the order and the information to proceed the payment;
    • Payment of the Price (in addition to the charges specified in the order summary), following the instructions received.

2.  All the above stated does not affect the Company's right, at its sole discretion, to allow the Client to order more than 250 units per individual transaction.

 

6. Conclusion and validity of the Contract

  1. The Contract ends when the Company receives the Client’s order.
  2. The Company has the right to deliver the Product within 15 days from the conclusion of the contract.
  3. Under the Article 12, Decreto Legislativo n. 70/2003, the Company informs the Client that the Contract is stored digitally on the Company’s server in full compliance with the confidentiality and security criteria.

 

7. Payments. Execution of the Contract. Terms of delivery

1.    Each payment can only be processed using the credit cards indicated on the Website, by bank transfer or by using the PayPal payment method.

2.    If the Client decides, after the execution of the Contract, to block through the financial intermediaries the sums due to the Company or, if the financial transaction is not successful due to causes not attributable to the Company, the Client will be considered in default and he will have to pay the sums of the order with the addition of a penalty equal to the 30% of the purchase price.

3.    Considering the Art. 5 point 2, for orders over 250 ProductsCompany may request the payment of the Price only by bank transfer.

4.    Any responsibility in relation to the correct charge of the payments arranged through the systems other than bank transfer and the processing of the related data (credit card) is exclusively attributable to the financial intermediaries and / or the issuing institutions that manage the service (Banca Sella and Paypal).

5.    Company reserves the right to start the execution of the Contract only after the complete receipt of the Price and any Charges foreseen by the Transaction. In this case, once the fee of the Product is received, the Company will fulfill its obligations with the Product Delivery by shipment to the PEO and / or PEC address communicated by the ClientDelivery may take place within 15 days after the conclusion of the Contract.

6.    The full execution of the Contract by the Company, in compliance with the combined provisions of the above Art. 4 - Point 4 as well as sub art. 12 point 1, will entail, also in compliance with the regulations in force on the subject, including the Codice del Consumo Italiano (Decreto Legislativo n.206 / 2005), the acceptance by the Client of the loss of the withdrawal right.

7.    It is specified that the Parties agree to attribute to the terms of Delivery, eventually indicated on the Website, a non-essential nature due to the type of the Contract, having to be considered merely indicative.

8.    No responsibility can be attributed to the Company for delayed or non-delivery due to force majeure or unforeseeable circumstances.

9.    If the delivery to the address indicated by the Client does not succeed, Company reserves the right to retain for itself, by way of reimbursement, part of the price (30%) to be returned to the Client only in the event that there is certain proof that the Client has not received the Product.

 

8. Faculty of the Company

  1. The Company reserves the right, at its sole discretion, not to accept registration requests or to temporarily suspend or permanently prevent access to the Website and to place orders, even by revoking and / or disabling the Identification Codes, of the Client who does not ensure sufficient guarantees of reliability with respect to the GTC, or if he has defaulted on the same and / or other contractual conditions that may be applicable, or if he has or is about to use illegally and / or in bad faith the Website. The Company will use a criterion of good faith and reasonableness evaluating the above measures.

 

9. Acts or facts made by the Customer on the Site

  1. The Client agrees to apply to the operations carried out through the use of the Identification Codes, attributable to his activity and to the manifestations of will and / or consent expressed within the Website, the principle of imputable appearance, pursuant to which the Client will always respond to the use, even abusive, of the identifying codes that can be attributed to him. Therefore, the Company may legitimately consider the Clientbound, identified with the Identifying Code to be attributed to himself, to be bound by all the afore-mentioned manifestations of will and / or consent.
  2. The Client undertakes to take every precaution necessary to guarantee the secrecy and correct use of the Identification Codes. The Client will be exclusively responsible for any activity carried out through the use of the aforementioned Identification Codes.

 

 

10. Link and malware

  1. While periodically checking the content of web pages linked by the Website or reachable by advertising banners (and / or other advertising spaces) that may be present on the Website, the Company cannot assume any responsibility for the contents of the same.
  2. Despite the regular monitoring of the Website, the Company cannot guarantee that it is free of viruses or other potentially harmful programs. Before accessing the network and carrying out any operation, including downloading documents and software, the Client / Browser must always adopt the most up-to-date protection measures.

 

11. Right to privacy

  1. Except in the cases imposed by the Law or by the provisions of the Public Authorities and except for the Productsubject of this contract for which it is recalled that the Company has obtained the authorization and the disclaimer from each holder (Supplier), the Parties undertake mutually, in the absence of explicit authorization for such purpose, not to disclose to third parties and not disclose throughout the duration of this contract, all Confidential Information of any nature communicated between the Parties under the Contract, which are not already legitimately public domain or that coincide with the object of the Contract itself, for these intended as documents (in electronic and paper format), news, projections, estimates, knowledge, industrial and intellectual property (including ideas, concepts , procedures, methods, know-how and / or technical information), data of any kind, technical-industrial and commercial experience, marketing and advertising programs, commercial data, data related to tests or other secrets inherent to the Parties (above named "Confidential Information").
  2. The Partiesrecognizing the confidentiality of the Confidential Information, ensure that their use is carried out according to the methods and means strictly necessary for the performance of this contract, to avoid the use of the same for unauthorized purposes and / or different from those deriving from this Contract and to adopt all the security measures necessary for their protection. Therefore, the Client prevent any unauthorized disclosure of the stated Confidential Information by its directors, employees, agents, employees, collaborators or consultants.
  3. In particular, it is expressly forbidden to: (i) disclose and communicate in any way or form the Confidential Information; (ii) copy and / or reproduce, in whole or in part, the Confidential Information except for operational requirements strictly related to the performance of this Contract; (iii) disclose the Confidential Information to third parties without the prior written consent of the other Party; (iv) make announcements and / or communications to the public regarding the Contract without the prior written consent of the other Party, except for announcements and mandatory communications according to the Law (in any case, the text must be promptly submitted to the Company and agreed before communication).
  4. The confidentiality obligations set out in this article will bind the Parties for the duration of the Contract and for the 5 years following any termination and in any case until the Confidential Information maintains an economic / commercial value regarding their secrecy. In any case, at the end of the Contract, for any reason, the Parties are required to return all the Confidential Information received under the Contract, including documents, materials and / or products.
  5. In the case that the communication of sensitive data is required by order of the Judicial Authority or other competent authorities, the obliged Party is required to notify the other.

 

12. Right to withdrawal

  1. The Client has the right to withdraw from the Contract stipulated, without any penalty and without specifying the reason, within the term of 10 (ten) days, starting from the acceptance of this agreement. The right to withdrawal is null if the Client has accepted that the Company will immediately start the service or, in any case, after 10 (ten) days from the conclusion of the Contract.
  2. In the case that the Client decides to exercise the right to withdrawal, he must notify the Company by registered letter with return receipt, to be sent to the following address 00195 Roma (RM), via Filippo Corridoni n. 15. It’s the date of shipment to the Post Office, evidenced in the relative stamps on the receipts, the valid proof between the Parties.
  3. The right to withdrawal cannot have effect with respect to the services that have already been performed.
  4. If a Party wants to exercise the right to withdrawal, if it complies with the provisions of this Contract, as well as those of the Law, the Company will refund the amount paid by the Client within the term of 30 (thirty) days after the receipt of the notice to withdrawal.
  5. With the receipt of the communication to withdraw, the Parties are released from their reciprocal obligations, without prejudice to the provisions of the previous paragraphs of this article as well as art. 11.
  6. Company has the right to withdraw from the Contract, if it considers that the services offered have become excessively expensive.

 

13. Client’s Guarantees

The Company, before marketing the Products, have requested and obtained from the Suppliers express consent and authorizations, necessary to have data and contacts from Clients. In any case, the Company ensures the application of legal guarantees to Clients. In any case, the Company will not respond to the Client for the Product’sconformity.

 

14. Jurisdiction,Applicable Law, Mediation and Competent Court

  1. Relations between the Company and Clients are governed by the Italian Law and Jurisdiction, under which the present General Terms and Conditions must also be interpreted.
  2. The Parties shall submit all disputes arising from these GTC or connected to them, including those relating to its interpretation, validity, effectiveness, execution and resolution, to a mediation with an accredited Forensic Conciliation Body, chosen by a common agreement between the same parties. The Parties will try a mediation before commencing any judicial proceedings.
  3. In the case that the attempt of mediation fails, all disputes arising from this contract or connected to it will be devolved to the exclusive Jurisdiction of the Court of Rome.

 

15. Changes

  1. These conditions may be subject to change. In case of substantial changes, the Company will notify the user by publishing them on its Website or by email or other means of communication.