These general terms and conditions of service (“Terms and Conditions”) govern the service offered by
ProIndustria srl through its online platform (“Platform”), accessible at www.usedtextilemachines.eu (“Site”), which allows its users (“Users”) who wish to sell and/or purchase secondary raw materials, recyclable materials in large quantities, by-products, waste, leftovers, and/or unsold inventory to post and view advertisements for such materials (“Service”).
The General Terms and Conditions must be accepted by the User upon registration for the Service on the Platform. Proindustria reserves the right to modify the General Terms and Conditions in whole or in part at any time, providing the User with at least 30 days’ notice via the Site, should the terms and conditions of use of the Service change. Therefore, the User is required to periodically consult the Site to stay informed of the applicable conditions. The User will have the right to withdraw from the Service, without any additional charge or cost, within 30 days of the publication of the changes to the General Conditions on the Site, it being understood that use of the Service following such changes implies tacit acceptance of the same.
Definitions
1.1 For the purposes of these Terms and Conditions, the following definitions apply:
“Account”: the account created by the User upon completing the Registration process on the Platform;
“Listing”: the listing for Material and/or services published by the Seller on the Platform for viewing by Buyers;
“Buyer”: the legal entity or individual of legal age who intends to view one or more Listings with a view to purchasing the Material listed outside of the Platform;
“Prohibited Categories”: the following categories:
– weapons or ammunition, or other offensive instruments;
– fake or counterfeit products;
– tobacco or similar products;
– pornographic material;
– medicines, over-the-counter drugs, medical preparations, and any type of narcotic or psychotropic substance.
– alcohol;
– foodstuffs.
“Content”: the contents of the Listing;
“Contract”: these Terms and Conditions;
“Registration Credentials”: the email address and password chosen by the User when registering for the Service;
“Credits”: credits purchased on the Platform and/or accumulated through the Seller’s Registration process, which can be spent on the Platform for the purpose of publishing Listings and/or any additional services that UsedTextileMachines intends to implement during the term of this Agreement; the value of 1 Credit is equal to the amount shown on the Site from time to time;
“Dashboard” means the control panel made available to Registered Users and accessible via the Site, which allows them to perform the activities described from time to time on the Site, such as, for example, viewing the latest Listings viewed by Buyers and managing and monitoring Listing-related activities by Sellers;
“Material”: the secondary raw materials, recyclable materials, by-products, waste, inventory, and/or unsold inventory that is the subject of the Listing and for which the Seller has legitimate availability and/or ownership;
“Listing Term”: the duration of the Listing, as indicated from time to time by Proindustria on the Platform;
“Platform”: the online platform owned by Proindustria that allows the provision of the Service to the Seller and the Buyer;
“Registration”: the free registration for the Service that allows the User to create their own Account; Registration is mandatory for the Seller who intends to publish one or more Listings, while it is optional for the Buyer;
“Seller”: the legal entity who intends to publish one or more Listings on the Platform for the purpose of potentially selling the Material that is the subject of the relevant Listing outside of the Platform;
“Service”: the service provided by UsedTextileMachines through the Platform, which allows the Seller to post one or more Listings for Materials on the Platform for Buyers to view;
“Messaging System”: the messaging system made available by Proindustria to allow Users to exchange information about the Listing Materials and complete any purchases;
“Users”: collectively and without distinction, the Seller and Buyer who use the Service through the Platform;
1.2 The terms indicated below in these General Conditions with a capital letter shall have the meanings assigned to them below.
Service Registration
2.1 Buyers may, at their sole discretion, decide to register for the Service. Buyers who register will have access to all the features of the Service, while buyers who do not register may still use the Service to view Listings, but with certain limitations as may be set by the Platform from time to time (for example, they will not be able to view the price of the Materials listed in the Listing, they will not be able to view all Listings published by the Seller they are viewing, and they will not be able to use the Dashboard).
2.2 Sellers wishing to use the Service to publish one or more Listings must register.
2.3 When registering for the Service, they will be asked to enter their Registration Credentials in the relevant registration form (“Form”). To register on the Platform, it is also necessary to submit all documentation that may be requested from time to time during the Platform Registration process.
2.4 After submitting the Form, Proindustria will confirm the activation of the Account by sending an email to the address provided by the User.
2.5 UsedTextileMachines authorizes the User who intends to register to create only one Account. Subsequently, the User is prohibited from registering additional accounts other than the one originally created and attributable to the same individual, unless otherwise authorized in writing by UsedTextileMachines. The creation of multiple Accounts in violation of this Article may result in the Account being suspended without notice and the User being unable to use the Service.
2.6 The Registered User undertakes not to transfer the Registration Credentials, even temporarily, to third parties and to maintain their confidentiality with due care, diligence, and responsibility. Therefore, the Registered User is hereby informed that all actions performed using the Registration Credentials will be attributed to them and will be binding on them.
2.7 The User guarantees that the information provided during the Registration procedure and, with reference to the Seller, also subsequently during the publication of the Advertisement, is complete and truthful and undertakes to hold UsedTextileMachines harmless and indemnified against any damage and/or compensation claim and/or sanction arising from and/or in any way connected to the violation by the User who carried out the Registration of the provisions of this Article 2.
Service Description
3.1 The Platform connects Sellers with Buyers by allowing Sellers to post one or more Listings related to Materials on the Platform, making them available to Buyers for viewing and possible purchase outside of the Platform. Sellers may choose to use the Service on a “subscription” basis, which allows the Seller, upon payment of an annual subscription fee, to purchase an unlimited number of Credits, or a different amount indicated on the Site, in order to post Listings.
3.2. Based on the search criteria entered on the Platform, Buyers will view a list of Listings. Once they have selected the Listing they are interested in, they can contact the Seller via the Messaging System.
3.3 UsedTextileMachines, subject to the User’s express consent, may view and store the content of messages exchanged with other Users within the Messaging System for purposes related to the provision of the Service. It is understood that UsedTextileMachines will have no obligation to monitor the content of such messages. The User may revoke the consent given at any time by sending written notice to UsedTextileMachines. It is understood that any further messages sent and/or received by the User after the date of revocation of consent will no longer be viewed or stored by UsedTextileMachines.
Listings
4.1 By accessing the Service, the Seller must enter the information requested by UsedTextileMachines on the Platform to post a Listing, including, but not limited to:
– Category (identifies the macro-category and/or micro-category to which the Material belongs);
– Title of the Listing;
– Photos of the Material being listed;
– Description of the Material;
– Dimensions of the Material (height, weight, thickness, etc.);
– Price (excluding VAT);
– Location of the Material (if different from the Seller’s registered office);
– Recommendations on the possible reuse of the Material;
– Any additional information requested by the Platform.
To post a Listing, the Seller must also pay a number of Credits equal to the amount requested by the Platform from time to time.
4.2 Before publishing a Listing, the Seller may decide to save their Listing in the “Saved Listings” section of the Dashboard for later publication.
4.3 The Listing will be considered concluded upon the occurrence of one of the following situations:
a) conclusion of the sale between the Seller and the Buyer for the Material listed in the Listing via the Messaging System;
b) expiration of the Listing Term.
In such cases, the concluded Listing will be added to the “Completed Listings” section of the Dashboard to allow the Seller to view their Listing history and, if necessary, republish the concluded Listing in the cases referred to in letters a) and b) of this Article.
4.4 UsedTextileMachines provides no guarantee regarding the positioning of the Listings within the search results on the Platform (“Positioning”). Positioning occurs automatically based on a series of factors that UsedTextileMachines identifies as search parameters, at its own discretion.
Listing Rules
5.1 The Seller undertakes to publish Content on the Platform that is not deemed offensive or prohibited by law, including, but not limited to:
• disturbance of public or private peace;
• offense or damage, directly or indirectly, to the rights of others;
• content offensive to religions;
• content infringing intellectual property, copyright, industrial property rights, or any other rights of third parties;
• content of a defamatory, pornographic, child pornographic, or violent nature (or otherwise prohibited to persons under 18 or suitable only for an adult audience);
• content related to gambling;
• any other content prohibited by applicable laws in force from time to time.
5.2 The Seller is expressly prohibited from:
• posting the same Listing in multiple categories, regions, or provinces;
• posting Listings using automatic posting systems;
• posting Listings on behalf of third parties.
5.3 The Seller expressly represents and warrants:
• that the Materials listed in the Listings are not prohibited by Italian law and do not fall into any of the Prohibited Categories;
• that it has full availability and/or ownership of the Materials for the purposes of posting the Listings.
5.4 In the event of a Seller’s violation of any of the provisions of Articles 5.1, 5.2, and 5.3 above, UsedTextileMachines, while under no obligation to monitor, reserves the right to remove the Content and/or suspend or delete the Listing and, in the most serious cases, to terminate this Agreement, resulting in the permanent deletion of the Account.
Proindustria srl buys and sells used textile and industrial machinery. The customer is fully responsible for the used machinery purchased from Proindustria srl. The customer (the person purchasing from Proindustria) may request information, photos, and videos and view them, but at the time of purchase, the customer is fully responsible for the used machinery; it is considered “Seen and Liked.” The Customer cannot take any action against Proindustria in any way.
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