General Terms of Use

1 General Terms of Use

These General Terms of Use define, together with the Registration Form, the Privacy Policy and the Cookie Policy, the contractual relationship between ecodao S.r.l., the platform service provider, and the users of the website.

The users and the visitors of the websites accessible at the URL addresses with the domain name www.casaitalianigeria.com and marketplace.casaitalianigeria.com acknowledge that these General Terms of Use are binding and accept them in full. Otherwise, the users or the navigators are not authorized to use the services made available by the service provider with the platform.

2 Definitions clause

Content: any brand, logo, text, image, video file, audio file, information, data, etc. which belongs to the service provider and it is present on the platform, or which relates to a user or his products, including all other information present on the platform which refers to the platform service provider, the user or third-party service providers.
User: any company, business, professional or business owner who has an account on the platform or visit the website by accepting these General Terms of Use. In the platform, the user can assume the role of seller or buyer, or both.
Seller: any user who assumes this role in the platform. The seller displays his products on the platform, interacts with other users of the platform and concludes sales orders with buyers.
Buyer: any user who assumes this role in the platform. The buyer searches for sellers or products on the platform, interacts with other users of the platform and concludes purchase orders with the sellers.
Product: any good or service presented on the platform by a user.
Service: any service provided by ecodao or its suppliers.
Platform or website: primarily websites accessible at the URL addresses with the domain name www.casaitalianigeria.com and marketplace.casaitalianigeria.com. To these is added any other website published and managed by ecodao S.r.l., which supports the platform, and which is accessed by users of the platform itself.
Service provider: is the company ecodao S.r.l., headquartered in via Santa Giustina 11, Vo' (Padova), Italy, owner of the platform and which offers its services to the users.

3 Contract between the parties and its acceptance

Only companies, businesses, professionals or business owners can be registered on the platform as users. The platform is not aimed at and is not open to private consumers.

The contractual relationship between the service provider and the user consists of the whole of the Registration Form, these General Terms of Use, the Privacy Policy and the Cookie Policy.

4 Purpose and services of the platform

The purpose of the platform is to allow users of the website to exchange information with each other and conclude sales and purchase transactions between the users themselves.

4.1 Platform access license

The signing of the Registration Form and the acceptance by the applicant of these General Terms of Use constitute the premise with which the service provider, after the evaluation of the potential user and at his sole discretion, grants the applicant a license limited to a certain period of time, non-exclusive, non-transferable and non-sublicensable, to access the platform and use the services made available on it.

4.2 Access to the platform

To access the platform and use the services made available by the service provider, the applicant must register on the website, accept these General Terms of Use as well as the Cookie Policy and read the Privacy Policy. Once the applicant receives the Registration Form, he must complete it, sign it and send it to the service provider together with the other requested information, contents and documentation.

The service provider has the right to request from the potential user all further documentation and additional information to verify and evaluate the existence of the necessary requirements for the qualification and access of the applicant to the platform (valid Certificate of incorporation, etc.).

Then, when the service provider has everything requested, he decides, at his sole discretion, to enable and allow the applicant to access the platform.

The contractual relationship between the parties is effective when the service provider informs the applicant that he is allowed to access the platform.

The user accesses the platform with his own credentials which consist of a username and password. These credentials are unique, confidential, strictly personal and cannot be transferred to third parties.

4.3 Platform services

The services offered on the platform consist primarily of:

Visualization of user's company profile. This section displays basic information about a user's company, such as the description of their business and their address;
visualization of products. This section displays the images, description and price of the products presented by the sellers;
visualization of RFQs and orders. This section displays RFQs (Request for Quotation) and existing orders between sellers and buyers.

The devices needed to access and use the platform, as well as the telecommunications costs to access the Internet, are born by the users.

4.4 Third party services

The service provider reserves the right to use any services provided by third parties. The user agrees that the use of such services may be subject to the policies, terms of use, and rates of those third parties service providers.

4.5 Platform updates

The service provider reserves the right, but not the obligation, at his sole discretion, without any liability for any damages, losses or lost earnings, direct or indirect, that the user or third parties may declare as a result of the interventions adopted, to release periodically updates of the platform, its programs and its services, in order to optimize the user experience, modify existing services, introduce new ones or adapt to the relevant regulatory provisions.

These updates can be released at any time, temporarily or permanently, and where the service provider deems it appropriate, always at his sole discretion, may or may not inform users and interested third parties of the moment and methods with which these updates are released.

4.6 Price of services

The service provider reserves the right to charge the user, according to the methods and times defined by the service provider himself and at his sole discretion, a price, a fee, a commission or a tariff for the services offered, including, by way of example only and not exhaustively, the price, the fee, the commission or the tariff for:

the access to the platform;
the services used;
the services related to any other functionality of the website;
the services provided by third parties or suppliers of the service provider;
the completion of a purchase and sale transaction as stated in the Registration Form;
the interventions implemented in favor of or in support of the user's activity on the platform, including the interventions to upload, maintain, modify or restore his contents;
any other feature or functionality related to the website made available to the user, whether or not it is used;
the necessary interventions following requests, actions or defaults of the user;
the necessary interventions for regulatory compliance, implementation of requests or prescriptions of the competent authorities or regulatory bodies.

5 Responsibilities of the service provider

The service provider undertakes to do everything in his power to ensure that access to the platform is provided without interruptions and that transmissions take place without errors. However, given that the current internet communication protocols do not guarantee uninterrupted or error-free transmission of digital information and taking into account that access to the platform could occasionally be limited or suspended to allow maintenance interventions or the release of new features or services, the service provider is not held responsible in any way in the event of:

transmission network malfunctions, transmission interruptions or errors in the transfer of digital information;
temporary inability to access the platform due to maintenance or the updating of the website or the information published on it;
computer attacks, presence of viruses or illegal intrusions on the platform or software and hardware systems of the website;
malfunctions of the hypertext links on the platform, which redirect inside or outside the website;
incidents due to anomalous or illicit use of the platform by a user or third parties;
breach or non-compliance with these General Terms of Use by users;
non-compliance with the requirements on the use of the platform and user obligations by a user of the website;
delay or non-fulfillment of the service provider's obligations, if the cause of the delay or the non-fulfilment is to be attributed to a user, third parties or an event of force majeure;
external causes not attributable to the service provider.

The service provider is not held responsible by the user for damages, losses, higher expenses or lost earnings, direct or indirect, suffered by the user himself or by third parties. that may result from the events indicated in this article. In such cases, the user undertakes not to proceed with any action or claim for compensation against the service provider, his employees, his agents, his representatives or his suppliers for such events.

In any case, the user acknowledges and accepts that the service provider, his employees, his agents, his representatives or his suppliers may be held liable only and exclusively in the event of their gross negligence and only after such gross negligence has been ascertained by the Judicial Authority.

6 User obligations

In using the platform, the user undertakes to comply with the legislation in force in Italy, to respect the rights of third parties and the provisions of these General Terms of Use.

In particular, the user, in the absence of the prior written consent of the service provider, assumes the obligation to:

provide truthful, accurate, up-to-date and complete information to the service provider and other users regarding his company, undertaking to promptly notify the service provider, by e-mail or other written means, of any changes that have occurred, within and no later than thirty days from the date of the changes occurred;
provide truthful, accurate, up-to-date and complete information to the service provider and other users regarding his products presented on the platform, undertaking to immediately notify the service provider, by e-mail or other written means, of any changes that have occurred, within and no later than twenty-four hours since the changes occurred;
respect the intellectual property rights of the service provider, other users and third parties in relation to the contents presented on the platform;
maintain the confidentiality and secrecy of one's platform access credentials, not transferring or lending them, even temporarily, to third parties;
immediately notify the service provider of unauthorized use or in any case contrary to these General Terms of Use of his credentials within and no later than twenty-four hours from the moment in which the unauthorized use occurred;
use the platform in compliance with these General Terms of Use, for the intended purposes only;
use the platform correctly, avoiding the dissemination, even indirectly or by supporting the dissemination by third parties, of content that may be offensive, obscene, discriminatory, defamatory, slanderous, threatening or otherwise harassing;
use the platform correctly, avoiding any action or intervention aimed at affecting the operational functions of the website or which determine the modification of its organization, the slowdown or interruption of its normal functioning;
use the platform correctly, avoiding undermining the integrity of the software and harware systems or networks used by the service provider or by any other user.

6.1 Prohibitions

The user is aware that, without the prior written consent of the service provider, it is expressly forbidden:

extract even a single part of the contents present on the platform, by permanent or temporary transfer to another medium, by any means and in any form;
reuse even a single part of the contents present on the platform in any form, making them available to the users themselves or to third parties;
create or publish databases that reproduce even a single part of the contents of the platform;
reproduce, duplicate, extract, copy, sell or in any case re-use, by any means whatsoever, any content present on the platform;
use data mining solutions, robots or similar devices to acquire or extract content from the platform;
use framing techniques to misappropriate any content on the platform;
use meta tags or any other hidden text using any content on the platform;
carry out reverse engineering, decompile or disassemble or otherwise intervene, in whole or in part, on the software and computer systems present in the platform;
create derivative works from the software or computer systems present on the platform, or assist, support, encourage, assist or second third parties to carry out such activities.

6.2 User responsibilities

In the event of anomalous, fraudulent or in any case illegal use of the platform, as well as in the event of non-compliance with the user's obligations, as set out in this article and in these General Terms of Use, the user is recognized as solely responsible for such events. Consequently, the user assumes responsibility for compensating damages, losses, higher expenses or lost earnings, direct or indirect, suffered by the service provider, his employees, his agents, his representatives, his suppliers, other users and third parties, which may derive from such user conduct.

The user also indemnifies the service provider, his employees, his agents, his representatives and his suppliers from any liability or request for compensation for damages, losses, higher expenses or lost earnings, direct or indirect, suffered by the user himself, which derive from an anomalous, fraudulent or in any case illegal use of the platform, as well as from the failure of the user to comply with the obligations referred to in this article and these General Terms of Use by another user of the website or a third party.

7 Intellectual property

The service provider undertakes to protect the intellectual property rights of users and third parties in order to keep the platform secure and preserve user trust in the website.

The service provider has the exclusive intellectual property of the brands, logos, slogans, texts, and all other contents of the platform referring to the service provider himself, and they cannot be reproduced, used, copied or transferred without the express prior and written authorization of the service provider himself.

The user has the exclusive intellectual property of the brands, logos, slogans, texts, and all other contents referring to the user himself. In the event that the user does not have the intellectual property of the aforementioned contents, it is assumed that the same has full rights of use. Consequently, users expressly exempt the service provider from any and all liability for any violation in this matter. All these contents cannot be reproduced, used, copied or transferred without the express prior and written authorization of the user himself.

The user assumes responsibility for compensating damages, losses, higher expenses or lost earnings, direct or indirect, suffered by the service provider, his employees, his agents, his representatives, his suppliers, other users and by third parties, for any infringement of intellectual property claimed by the service provider, his employees, his agents, his representatives, his suppliers, other users or third parties.

7.1 Infringment of intellectual property rights

In the event that a user believes that their intellectual property rights have been used on the platform incorrectly or in such a way as to give rise to possible violations, as well as in the event that a user believes that there is a violation, even potential, of the intellectual property rights of the service provider, another user or any other third party, he is invited to write immediately to intellectualproperty@casaitalianigeria.com.

8 Transaction on the platform

The service provider, as a provider of the platform and its services, allows sellers to present and sell their products to buyers, but he is neither the seller nor the buyer of the products involved in the transaction.

The seller is, for his part, the solely responsible for conducting the negotiations, for the sale of his products and for conducting any disputes with the buyer, who in turn is the solely responsible, for his part, for conducting the negotiations, for the purchase of products and for conducting any disputes with the seller.

Each user of the platform therefore fully assumes the risks of conducting his own sales or purchase negotiations and their completion through the direct or indirect use of the website. By way of example but not limited to, these risks also include:

incorrect representation of the products;
unsatisfactory quality of the product;
failure to comply with product specifications;
recall of the defective product;
delays or defaults in the delivery or payment of the product;
product costing errors;
breaches of contract and product warranty;
accidents and damages in the transport of the product;
any fraudulent scheme.

The user exempts the service provider, his employees, his agents, his representatives and his suppliers from any claims, damages, losses, higher expenses or lost earnings, direct or indirect, deriving directly or indirectly from a transaction, concluded or not, or by the risks associated with it.

In particular, the service provider remains extraneous and assumes no responsibility with respect to:

every aspect or moment related to the sales contract, its negotiation and correct execution, including pre- and post-sales activities and services;
any breach of contract that the seller or the buyer deems to challenge the other party;
any other aspect related to any transaction that the parties decide to enter into or not between them.

8.1 Representation of the product

The images, descriptions, information and any other data related to the products displayed on the platform are for illustrative purposes only, are not exhaustive, are purely indicative and do not constitute a contractual element.

8.2 Disclaimer of service provider’s liability

The service provider is always extraneous to the negotiation and the sales contract that exists exclusively between the seller and the buyer, who fulfill their respective contractual and non-contractual obligations, each under their own exclusive responsibility.

Given the purpose of the platform, the service provider intervenes exclusively as a provider of hosting and platform management services, for access and use of the website, pursuant to and in compliance with the relevant Italian legislation. In particular the service provider:

does not own, does not present, does not sell the products that users offer on the platform;
does not buy the products that users offer on the platform;
is not the author of the contents presented by users on the platform;
does not act as an agent or representative of the seller or the buyer;
has no responsibility for the information exchanged between users in relation to their respective companies or products;
does not exercise any control over the content uploaded to the platform by users;
does not control and is not responsible for the quality, safety, legality, availability of the products offered, and likewise he is not responsible for the sellers' ability to complete a sale or the buyers' ability to complete a purchase.

The service provider is always extraneous to the negotiation, to the purchase and sales contract and assumes no responsibility for:

research and exchange of information between users;
the negotiations between the parties that precede or follow the completion of the purchase and sales contract;
the completion of the purchase and sales contract;
the quality, prices and costs related to the product negotiated and to the purchase and sales contract (transport, export, import costs, etc.);
the defects and discrepancies found in the product object of the sale;
the payment, according to the methods established or the times agreed for the purchase and sales contract;
the delivery times or methods of shipping and delivery of the product object of the sale.

The service provider is always extraneous to the negotiation and to the purchase and sales contract between the users. It therefore always and only falls on the user:

the responsibility for verifying and complying with the legislation, rules, procedures, requirements and conditions for the import and/or export of the products displayed on the platform and the subject of the sales contract between seller and buyer;
the responsibility for verifying and complying with the legislation, rules, procedures, requirements and conditions regarding the origin of the products displayed on the platform and the subject of the sales contract between seller and buyer;
the responsibility for the quantification and payment of customs duties and tariffs, taxes and fees related to the import and/or export of the products displayed on the platform and the subject of the purchase and sale contract between seller and buyer.

The user indemnifies the service provider from any liability for any direct or indirect damage, expense, loss, loss of profit or any other direct and indirect cost deriving from the transaction between the user and another seller or buyer of the platform.

9 Withdrawal of the parties

The duration of the license agreement between the service provider and the user for the use of the platform is indicated in the Registration Form.

During the duration of the contract, in addition to the cases permitted by law, both parties have the right to unilaterally withdraw from the contractual obligation without giving reasons to the other party.

The unilateral withdrawal must be communicated to the other party in writing, by e-mail or other traceable written means, with at least three months' notice.

Until the date of effective termination of the contract, all the contractual obligations remain in place between the parties and the user's right to access and use the services purchased remains in place until the date of effective termination of the contract.

10 Suspension, block or termination of a user account

The service provider reserves the right, at his sole discretion, to suspend, limit, block access, or permanently terminate a user account on the platform, or to unilaterally withdraw from the contract for justified reasons.

The suspension, limitation, blocking or termination of a user account, or the unilateral withdrawal for justified reasons, takes place in the event that the service provider deems, in his exclusive and incontrovertible discretion, that the user has:

violated the contractual relationship with the service provider in any part of it, including these General Terms of Use;
exposed or likely to expose the service provider to any risk or liability towards the user, other users or third parties;
behaved inappropriately;
violated current legislation.

The ascertainment of violations rests with the exclusive and unquestionable judgment of the service provider.

The suspension, limitation, blocking or termination of a user account, or the unilateral withdrawal for justified reasons, are implemented by the service provider:

immediately, even without prior notice, without having to pay the user any compensation and without any liability towards him for any damages, losses, higher expenses or lost earnings, direct or indirect, deriving from the suspension, limitation, blocking or termination of the user account, or from the unilateral withdrawal;
immediately, even without prior notice, upon discovery of the violation or non-compliance, or subsequently, with or without prior notification to the user and may be temporary or permanent. In the case of notification, whether preventive or not, this is communicated by the service provider to the user by e-mail or other traceable written form;

In all cases, the user undertakes to collaborate and assist the service provider in the activities of suspension, modification, limitation, blocking or termination of his account, as well as in the case of unilateral withdrawal for justified reasons. In the same way, the user undertakes to collaborate and assist the service provider in all the rehabilitation and recovery activities that may possibly follow the interventions adopted.

In the event that the suspension, limitation, blocking or closure of a user is temporary, the service provider reserves the right, at his sole and unquestionable discretion, to review the intervention and possibly rehabilitate the user on the platform, according to the methods and times decided by the service provider himself, and in any case having ascertained the removal of the factor that determined the suspension, limitation, blocking or termination of the user account.

The suspension, limitation, blocking or termination of a user account, or the unilateral withdrawal for justified reasons, do not affect the ability of the service provider to claim the remaining contractual due from the user, as well as any reimbursement for damages, losses, higher expenses or lost earnings, direct and indirect, suffered as a result of the aforementioned violations or defaults.

In any case, the service provider retains the right, at his sole discretion, to charge the user a price, a fee, a commission or a tariff for the activities carried out, according to the methods and times defined by the service provider himself.

11 Suspension, block or removal of a content

The service provider reserves the right, at his sole and unquestionable discretion, to suspend, modify, limit viewing, block viewing, or remove a product, information or any other content on the website from the platform's databases that refers to a user.

The suspension, modification, limitation of viewing, blocking of viewing, or the removal from the databases of the platform of a product, information or any other content present on the website that refers to a user, takes place in the case in which the service provider deems, in his exclusive and incontrovertible discretion, that the user has:

violated the contractual relationship with the service provider in any part of it, including these General Terms of Use;
exposed or likely to expose the service provider to any risk or liability towards the user, other users or third parties;
behaved inappropriately;
violated current legislation.
presented on the platform a recalled product by its manufacturer, competent authorities or regulatory bodies;
presented on the platform a product subject to a public notice of defect or non-conformity;
presented on the platform a product whose sale is prohibited or which presents a risk to the health or safety of persons or properties;

The ascertainment of violations rests with the exclusive and unquestionable judgment of the service provider.

• immediately, even without prior notice, without having to pay the user any compensation and without any liability towards him for any damages, losses, higher expenses or lost earnings, direct or indirect, deriving from the suspension, modification, limitation, blocking of the display of the contents, or by the removal of all references from their databases;

• immediately, even without notice, upon discovery of the violation or non-compliance, with or without prior notification to the user, and may be temporary or permanent. In the case of notification, whether preventive or not, this is communicated by the service provider to the user by e-mail or other traceable written form.

In all cases, the user undertakes to collaborate and assist the service provider in the activities of suspension, modification, limitation of viewing, blocking of viewing, or removal from the databases of the platform of a product, information or any other content present on the website that refers to the user himself. In the same way, the user undertakes to collaborate and assist the service provider in all the rehabilitation and recovery activities that may possibly follow the interventions adopted.

In the event that the suspension, modification, limitation of viewing, blocking of viewing, or the removal from the databases of the platform of a product, information or any other content on the website that refers to a user , are temporary, the service provider reserves the right, at his exclusive and incontrovertible discretion, to re-examine the intervention and possibly restore what has been modified, according to the methods and times decided by the service provider himself, and in any case having ascertained the removal of the factor that resulted in the suspension, modification, limitation, blocking or removal of the content.

The suspension, modification, limitation of viewing, blocking of viewing, or the removal from the databases of the platform of a product, information or any other content on the website that refers to a user, does not affect the possibility of the service provider to claim against the user the remaining contractual amount as well as any reimbursement for damages, losses, higher expenses or lost earnings, direct and indirect, suffered as a result of the aforementioned violations or defaults.

In any case, the right of the service provider remains, at his sole discretion, to charge the user a price, a fee, a commission or a tariff for the activities carried out, according to the methods and times defined by the service provider himself.

12 General provisions

12.1 Relations with competent authorities and regulatory bodies

The service provider, in full compliance with the principles of transparency and accountability, collaborates fully with the competent authorities and regulatory bodies for any and all requests for clarification, verification or investigation.

The user unconditionally accepts that the service provider in these cases can provide all the information requested to the competent authorities or regulatory bodies.

The user also accepts that the service provider, his employees, his agents, his representatives and his suppliers are not held liable for damages, losses, higher expenses or lost earnings, direct or indirect, which he may possibly arise following the transfer of the requested information.

12.2 Changes and updates

These General Terms of Use, the Privacy Policy and the Cookie Policy are available on the service provider's website.

The service provider reserves the right to modify or update, at his sole discretion, without the need for notice and at any time, these General Terms of Use, the Privacy Policy and the Cookie Policy, in relation to his needs, or even to adapt them to any regulatory changes that occur after their publication.

Any modification of the legislation in force in Italy, which affects one or more non-essential clauses of these General Terms of Use, does not however affect the validity of the same General Terms of Use. In such cases, the user is therefore not released from compliance with the General Terms of Use and the resulting contractual obligations.

The publication on the website of the General Terms of Use, the Privacy Policy or the Cookie Policy, together with the continued use of the platform and related services by the user, are considered as express acceptance of any modified contractual terms.

The service provider is not required to send any notification to the user regarding changes or updates made to the General Terms of Use, the Privacy Policy or the Cookie Policy, which will always and only be published on the website. Consequently, it is the user's responsibility to regularly review the General Terms of Use, the Privacy Policy or the Cookie Policy on the website to check for changes or updates.

In case of refusal of the new General Terms of Use, the user has the right to withdraw from the contract, in compliance with the contractual provisions.

12.3 Language

These General Terms of Use are written in Italian and translated into English. In the event of any disputes, the General Terms of Use written in Italian shall prevail.

12.4 Governing law

The General Terms of Use and the relationship between the service provider and the user are governed by Italian law.

The Court of Padua is competent for any controversy.

General Terms of Use updated on 1^st August 2023