GENERAL TERMS AND CONDITIONS OF USE OF THE WEB SITE TRADEPRIVE.COM

1. Purpose

The website www.TRADEPRIVE.com (the Site) is owned by the company PLACECORNER STORE SRL, Italia, in Cagliari (09128) at 9 via Bellini 9 – registered at office ‘Camera di Commercio di Cagliari” number CA-302163 and TVA number 09854150921

The Site is exclusively aimed at professionals, excluding consumers and non-professionals. Its objective is to enable brands and merchants to connect via its marketplace. The Site allows brands to offer their products for wholesale sale to independent merchants for retail, via a dedicated page.

These general terms and conditions of use (the Platform T&Cs) govern your navigation and any use of the Site, whether it is done in connected mode or with restricted access as a simple visitor.

In the event that you have an Account, these terms and conditions supplement the T&Cs that apply to you (Brand T&Cs - Retailer T&Cs ).

2. Access and use of the Site

Access to and navigation on the Site is open to all. However, access to certain parts and features of the Site is reserved for Account holders. Creating an Account implies acceptance of the specific T&Cs that apply to it (Brand T&Cs , - Retailer T&Cs ).

TRADEPRIVE reserves the right to accept or refuse any request to create an Account. TRADEPRIVE provides no warranty of any kind, the Site being provided "as is" and "as available". TRADEPRIVE also does not guarantee that:

Access to the Site will be free from errors or interruptions of any kind;
The content of the Site will meet the user's needs;
Viruses cannot contaminate the user's computer system, from which damage could result.

TRADEPRIVE reserves the possibility, at its sole discretion and at any time, to interrupt or suspend access to the Site, in whole or in part, in particular, but not exclusively, for maintenance interventions, operational requirements, as well as in case of emergency.

3. Evolution of the Site

TRADEPRIVE reserves the right to develop the services and features offered on the Site, at any time and at its sole discretion. Similarly, TRADEPRIVE reserves the right to delete or modify any content that would be published on the Site for any reason whatsoever.

It is understood that such interventions cannot engage the liability of TRADEPRIVE in any way, nor give rise to any compensation.

4. User behavior

Each user of the Site, and more generally of the Internet network, must use it with respect and courtesy towards the rights of other Internet users. As such, each user accessing the Site undertakes in particular not to:

Download to the Site, display, send or transmit any illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to good morals, infringing on a person's privacy, including their right to their image, or hateful or offensive content from a racial, ethnic or other point of view;
Download to the Site, display, send or transmit any unauthorized advertising or promotional material, false information, chain letters, or any other form of solicitation;
Download to the Site, display, send or transmit any element containing software viruses or other codes, files or computer programs designed to interrupt, destroy or limit the functionality of any software or computer hardware or telecommunications equipment;
Disrupt or interrupt the Site or servers or networks connected to the Site, or violate the requirements, procedures, rules or regulations of networks connected to the Site;
Attempt to harm the service of any user, host or network, including, without limitation, exposing the Site to a virus, creating a saturation, flooding the server, saturating the email with emails or falsifying any header of the TCP/IP protocol information packet or any part of the header information appearing in any email;
Access data that is not intended for the user or enter a server / an Account to which the user is not authorized to access;
Attempt to probe, scan or test the vulnerability of a system or network, or to violate security or authentication measures without prior authorization;
Impersonate another person, a Brand or a Merchant;
Engage in or incite a third party to engage in illegal activity or any other activity that would infringe on the rights of TRADEPRIVE, its suppliers, partners, Brands, Merchants, or any other user of the Site;
Transmit or transfer (by any means whatsoever) information or software derived from the Site, in particular to other countries or to certain foreign nationals in violation of national or international law or regulation.
Recognizing the global nature of the Internet network, each user of the Site undertakes to comply with all local and international laws, rules and procedures relating to acceptable online behavior and content and concerning the transmission of technical data.

At any time and for any reason whatsoever, TRADEPRIVE may implement any means to terminate, without notice, the use of the Site by the user or any of the services offered by TRADEPRIVE for any conduct that violates these terms and conditions, without prejudice to any damages that TRADEPRIVE reserves the right to claim in the event of non-compliance.

5. Intellectual property rights

5.1. The Site

The Site, its architecture and the elements it contains are protected by intellectual property law, and more specifically by the law on database producers. All of its content may contain confidential information as well as elements specifically protected by intellectual property law. Users are therefore informed that any use of the Site must be carried out in compliance with these rights. Users of the Site thus undertake to refrain from any practice that would contravene them, such as scraping and similar techniques. Thus, unless otherwise stated, the intellectual property rights relating to the Site, including all content, texts, illustrations, photographs and respective images as well as all other visual or sound elements, databases, including the underlying technology and software used, remain the exclusive property of TRADEPRIVE and its partners (in particular Brands). Their use on any medium, outside the applicable conditions and without the express written authorization of TRADEPRIVE or said partners, as the case may be, is strictly prohibited. Any failure to comply with these rules may constitute an act of counterfeiting, giving TRADEPRIVE the right to exercise all remedies available to it to protect its rights and obtain compensation for its entire loss.

5.2. Brands

The user is informed that TRADEPRIVE owns its brand, its logo, and acknowledges the exclusive rights it holds in this regard. The user therefore undertakes not to use it in any way that has not been expressly authorized, and more generally not to infringe on TRADEPRIVE's intellectual property rights. TRADEPRIVE reserves the right to claim damages in the event of counterfeiting and more generally infringement of its intellectual property rights. Similarly, the user of the Site undertakes not to infringe on the property rights, and in particular the intellectual property rights that may be held by all partners, service providers, suppliers and more generally any third party using the services offered by TRADEPRIVE, or offering its services through this intermediary, whose brands and logos would be reproduced on the Site.

5.3. User rights

Subject to compliance with these terms and conditions, TRADEPRIVE grants the user of the Site the limited, personal, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and consult the Site. All rights that are not expressly granted to the user by these terms and conditions are retained by TRADEPRIVE, its licensors and any partners, service providers or suppliers. The user of the Site undertakes not to alter or delete any mentions relating to the intellectual property of TRADEPRIVE or any partners, service providers or suppliers appearing on the Site. The user also undertakes not to copy, modify, create a derivative work, assemble, decompile, sell, assign, sublicense or transfer in any way any right relating to the Site and/or its content. It is also prohibited, without the express and prior authorization of TRADEPRIVE, to modify all or part of the Site and in particular the underlying technology in order to obtain unauthorized access to the services offered by TRADEPRIVE and to access the Site by any means other than the interface offered by TRADEPRIVE to the user.

5.4. Hypertext links

The Site may include links to other websites or other sources. As TRADEPRIVE cannot control these external sites and sources, TRADEPRIVE cannot be held responsible for any damages or losses that users may suffer in connection with these links. Hypertext links to the Site that use techniques such as framing, framing or insertion by hypertext links (type in-line linking) and more generally any use of an element composing the Site is prohibited, and in any case, subject to the prior and express authorization of TRADEPRIVE.

6. Liability

6.1. Access and operation of the Site

Each user is responsible for setting up their own computer and telecommunications equipment to access the Site and the necessary knowledge to use the Internet and access the Site. Each user bears all the costs of connection and equipment related to Internet access and use of the Site. Each user uses the Site at their own risk. TRADEPRIVE cannot therefore be held responsible for any damage that any user may suffer as a result of such use.

In addition, TRADEPRIVE DISCLAIMS ALL LIABILITY FOR INDIRECT DAMAGES, WHATEVER THE CAUSES, ORIGINS, NATURES OR CONSEQUENCES, INCLUDING IN PARTICULAR THE COSTS THAT MAY ARISE FROM THE ACQUISITION OF GOODS OFFERED ON THE SITE, LOSS OF PROFITS, CUSTOMERS, DATA, REPUTATION, OR ANY OTHER LOSS OF INTANGIBLE ASSETS THAT MAY ARISE FROM ACCESS BY ANYONE TO THE SITE OR THE INABILITY TO ACCESS IT OR THE CREDIT GRANTED TO ANY INFORMATION DIRECTLY OR INDIRECTLY FROM IT.

6.2. Limitation of liability

The Site also contains information from third parties and links to other websites. TRADEPRIVE does not control the accuracy of the information found there or their content. Consequently, TRADEPRIVE cannot be held responsible for damages resulting from the use, access to, or inability to use this third-party information, nor for the content of other websites. TRADEPRIVE cannot be held to any warranty, whether implied or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the Site or their suitability for the use that the user intends to make of them. Any claim filed by a user against TRADEPRIVE must be made no later than 6 months after the occurrence of the event giving rise to the claim, failing which the claim will be precluded.

6.3. Published content

The contents published on the Site, and in particular on the windows of each Brand, are uploaded only by TRADEPRIVE. In the case of non-compliant content hosted on the Site, it is up to users to report it to TRADEPRIVE via email support@tradeprive.com

The user therefore undertakes to submit his report accompanied by all the necessary elements to prove the manifestly unlawful nature of such content, including any evidence of previous ownership and/or ownership, in accordance with applicable law. In the absence of this, TRADEPRIVE cannot be held liable for the content reported.

7. Personal data and cookies

TRADEPRIVE uses cookies and may collect certain personal data in the context of your use of the Site. To learn more, please consult our personal data protection policy , and cookie policy

8. General Information

8.1. Modifications

TRADEPRIVE reserves the right to modify and update the Platform T&Cs at any time. Users are therefore invited to consult them regularly. Any use of the Site will be subject to the conditions then published and in force at the time of use.

8.2. Completeness

In the event that any provision of the Platform T&Cs is affected by a change in legislation, regulation or a court decision, this shall in no way affect the validity and compliance of the other provisions of these terms.

8.3. Applicable law and jurisdiction

The Platform T&Cs are subject to Italian law.

ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR TERMINATION OF THE CONTRACT BETWEEN TRADEPRIVE AND THE USER SHALL BE EXCLUSIVELY SUBJECT TO THE JURISDICTION OF THE COURTS OF APPEAL OF CAGLIARI.

31 MAY 2024