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TERMS AND CONDITION

Welcome to www.Italian-artisan.com!

The following terms and conditions govern the contractual relationship between you (“you”, or “User”) and Artisan Dna S.r.l., a company registered under the Italian laws, with registered offices in Porto Recanati (MC) viale Europa 40 62017 Italy (“we”, “Artisan DNA”, “IA”, or “Italian-artisan.com”).

1. Definitions, Acceptance, and Amendments

1.1. Definitions.

“Applicable Policy” means any terms, policy, or rule included by reference in these Terms as published from time to time by IA on the Website, such as the Privacy Policy, the Code of Conduct, and IA Fees and Charges.

“Artisan Dna” means the owner of the Website and the platform.

“Buyer” or “Brand” means a User that purchases User Products and Services from Sellers.

“Seller” or “Producer” means a User that offers or provides User Products and Services to the Buyer through the Website.

“Services” means the services offered through the Website by IA.

“Terms” means all terms, agreements, arrangements, conditions, and Applicable Policy referred to in this Contract, which is legally binding between Artisan DNA (and any subsidiary, parent, associate, or affiliated company) and the User.

“User” means anyone acting for business purposes, including any corporate entity, registered on, acceding to, or using the Website. 

“User Products and Services” means any product or service offered, presented, published, purchased or sold by a User on or through the Website, the platform, or in any case by using the Services.

“Website” means www.italian-artisan.com, any connected websites, and the related platform.

1.2. The use of the Website and the Services is subject to these Terms, as well as to any Applicable Policy. IA reserves the right at its sole discretion to amend, change, update these Terms and any Applicable Policy at any time and for any reason without requiring any prior consent from the User. Such amendments shall be effective and acknowledged by the User once published on the Website. The User shall be responsible for keeping itself aware of any amendment. Should these amendments be considered unacceptable by the User, the latter shall immediately stop using and accessing the Website and the Services and has the right to cancel its subscription at no cost (without prejudice to any amounts due from the User to IA for any reason). By continuing acceding or using the Website and/or the Services the User expressly accepts the above-mentioned amendments.

By registering to the Website and/or by using the relevant Services, the User accepts unconditionally all these Terms and any Applicable Policy, and explicitly agrees to be bound by them. If you wish not to be bound by these Terms do not register or access the Website or use the Services.

1.3. It is forbidden to register to the Website and to use the Services in case:

(a) the User does not have legal or natural capacity; or the User is under the legal age for entering into a legally binding contract with Italian-artisan.com;

(b) for any reason, the User is not able to do so due to the mandatory laws of, or incompatibility relating to, the country from which the Services are being used;

(c) it is forbidden by the Italian law;

(d) the User is a “consumer” as defined by the Italian Consumer Code (D.Lgs. no. 206/2005)

1.4. (Additional Agreement) Italian Artisan reserves the right to enter into a separate Agreement with the User (”Additional Agreements”). In the event of any conflict between these Terms and the Additional Agreement, the latter shall prevail but only with regard to those terms and conditions which are in contrast.

1.5. The address given at the time of registration is the main place of business of the User. For the purposes of this provision, a branch or a liaison office shall not be considered as a separate entity and your registered office shall be considered your main place of business.

  1. Contractual Purposes. Role of IA. Non-Compete.

2.1. (Purposes and Forbidden Activities) Artisan DNA provides the Services through its proprietary Website and platform. The Web platform is designed and made available to the Users solely for the performance of the Services (as described in these Terms and in Fees and Charges policy) and to facilitate the exchange of information between Buyers and Sellers for the only purpose of concluding Users Contracts (i.e. the purchase and sale of Users’ Products and Services thanks to the technologies provided by IA) for business purposes (B2B). No other use of the Website and the platform is allowed and the Users shall refrain to perform any other activity on them; such forbidden activities may include, but are not limited to, providing, promoting, or communicating the existence of, products or services which may compete with the Services offered by IA or which are not contemplated by the provisions contained in the User Contracts.

2.2. (Role of IA. Indemnity) Artisan DNA acts as a facilitator between the Buyer and the Seller. Consequently, IA does not act on behalf of or represent any Brand or any Manufacturer, nor is responsible for the quality, safety, lawfulness suitability for a specific use or purpose, the absence of defects or the availability of the Users Products and Services, nor does IA guarantee for the Sellers’ ability to complete the sale, or the Buyers’ ability to complete the purchase. Likewise, IA does not represent or warrant for the quality of the User Products and Services sold or purchased through the Website or the platform, or whether they are free from defects. For the purposes of this clause, the User expressly indemnifies and holds IA harmless from any of the above mentioned liabilities.

2.3 (Non-Compete) By registering on the Website, the User freely chooses and takes the obligation to, for as long as the User is registered on the Website and for two (2) years following the termination -for any reason- of the contractual relationship with IA, not to provide any service similar to the Services offered by Italian Artisan and which may be in direct or indirect competition with the Services (for example, intermediation services between producers, artisans, brands, designers, and buyers; etc.). IA reserves the right to restrict the access or terminate and cancel your account if IA believes, at its discretion, that you are offering services in competition with the Services and in violation of this clause.

2.4. The User is acknowledged and hereby agrees that for a period of two (2) years from the termination -for any reason- of the contractual relationship with IA, IA shall have the right to obtain from the User the payment of the latest applied fees in case the User sells products to other Users or third parties whose professional contact has been created thanks to the IA Services.

  1. Provision of Services and General Rules

3.1. Only Registered Users shall have the right to access the Website and the Services.

3.1.1 (Accuracy of Information. Business Purposes) When registering on the Website or using any Service or User account, the User undertakes to provide all the information or material regarding itself, its activities or products/services. The User acknowledges and accepts that the Service may be only used by companies or entrepreneurs and their representatives for business purposes and not for personal use.

3.1.2. (False Information. Limitation of Liability and Indemnification) IA shall not be liable and the User shall hold IA harmless from any responsibility in case the User registers under a false name or gives false personal or corporate details relating to different individuals or entities when accessing the Services. User is acknowledged and confirms that it is fully aware that there might be risks in dealing with persons acting under false identities. Artisan DNA may use different techniques for checking the accuracy of the information provided by the User. However, given the difficulties of conducting said checks, Artisan DNA cannot guarantee -and shall not be under any obligation to guarantee- the alleged identity of any User.

3.2. Each User (a) warrants and represents that the information and documentation provided during the registration process or later, while using the Website or the Services, are true, accurate, updated and complete; (b) accepts and undertakes to maintain and update the information whenever their use is required or upon IA request, so as to keep them true, accurate, updated and complete.

3.3. Artisan DNA may limit the access to – or the use of – the Services, any part of the Services, any functionality of the Website or of the platform to any User in case the latter is in breach of these Terms.

3.4. Artisan DNA may, at its own discretion, limit, deny, create different levels of access and use of Services (or part of Services) with regard to different Users.

3.5. Artisan DNA can modify, update, impose conditions, suspend, interrupt any Service, any element within the Service, any functionality of the Website or of the platform, without notice at any time. The above actions will not preclude the availability and usability to the User of those already purchased and fully paid Services. 

3.6. The User undertakes to provide all the information and material requested by Artisan DNA with regard to transactions made directly or indirectly through -or as a consequence- of the use of the Website or Services. Artisan DNA has the right, in addition to recover any damages IA may suffer, to suspend or close the account of any User should said User fail to provide the information and material requested.

3.7. The processing and use of User’s personal information communicated to IA is expressly permitted by these Terms and by the Privacy Policy, which the User confirms to have read, understood, and accepted together with this Agreement. In any case, the User allows Italian Artisan to enter information in the Buyer’s database and authorizes IA to share such information with other Users in compliance with the Privacy Policy.

3.8 It is forbidden to use any content or material on the Website for purposes other than those explicitly allowed by these Terms or by a written Additional Contract countersigned by a legal representative of Italian Artisan.

3.9. Artisan-DNA may allow Users to access the content, products or services offered by third parties by means of hyperlinks, APIs or on the third party website. Please read the respective third parties’ website terms and conditions and privacy policies before acceding to such websites. The User acknowledges that Artisan DNA does not have any control on the websites of third parties, does not control said website, and cannot be held liable for any content, product or service made available on the internet or on their websites.

4. User Account

4.1. The User shall register only once, acknowledging that Italian Artisan shall have the right to cancel any “double” profile.

4.2 At the time of registration on the Italian-artisan Website, the User shall be assigned an account (the “Account”), with an ID User and a password (the latter shall be chosen by the User during registration), which are unique and exclusive to each User. The responsibility for maintaining the privacy and safety of ID User and password, and any other activity happening within the Account, lies solely on the User. No User can share, assign, allow the use of their ID or password to any person other than the User’s business entity. The User accepts to immediately inform Italian-artisan.com should they learn of any non-authorised use of their password or account, or of any violation to the safety of their account.

4.3 The User explicitly acknowledges that any activity on its account (including, but not limited to, publishing any product or information, clicking to accept contracts or supplementary terms, or to subscribe or make any payment for all services, and sending of messages using online messaging) shall be deemed as performed or authorized by the User itself.

4.4 The User explicitly acknowledges that sharing its account with other persons – or to allow more Users, aside from the business entity the User represents, to use its account (collectively, “Multiple use”) – may cause irreparable damage to Italian-artisan.com or to other Users. The User, therefore, explicitly warrants and shall indemnify Italian-artisan.com and its affiliates, administrators, employees, agents and representatives against any loss or damage (including, but not limited to, the loss of profits) caused by the Multiple use of their account. The User accepts that, in cases of Multiple use of their account, they shall keep the safety of their account and that Italian-artisan.com shall not be responsible for any loss or damage deriving from such violation and shall have the right to suspend or cancel the User account, without any responsibility towards the Users.

  1. Type of Services. Use of the Website. Relationship between Buyer and Seller

5.1 Italian Artisan offers different typologies of Services. The Services are explained in detail in the IA Fees and Charges policy, which shall be deemed to be included in these Terms by reference. The User confirms that it has read it carefully and hereby agrees to pay IA for the Services provided to the User. The User is given the possibility to choose among different Services “packages”. Choosing a Service “package” represents a binding agreement between the User and IA in addition to these Terms, as well as the acceptance by the User of IA Fees and Charges Policy.

5.2 Using IA Website

5.2.1 While using the Website, the User will not attempt to do any of the following:

  1. post inappropriate content or items on any areas of our Website;
  2. infringe any laws or third party rights or our policies such as the Code of Conduct;
  3. fail to pay services delivered or fail to permit the delivery of Seller services purchased;
  4. circumvent our fee rules;
  5. post false, misleading, deceptive, inaccurate, defamatory or offensive content (including not requested personal information);
  6. take any action that may weaken the reputation and the feedback of IA; e.g.: displaying feedback information or using it for different purposes then those allowed in accordance with these Terms;
  7. transfer the IA User account (including feedback) and ID to another party without our written consent; 
  8. distribute or post spam, viruses, bulk electronic communications, chain letters or pyramid schemes;
  9. distribute any technologies that may harm IA, its Website, interests and property (including IP rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  10. aggregate or download listings from our Website to display with listings of other websites without express written permission or otherwise incorporate any part of the Website into other website without our authorisation;
  11. attempt to modify, translate, adapt, edit, disassemble or reverse engineer any software or platform used by us and connected to the Website;
  12. share, distribute, copy and modify rights or content of the Website or IA’s copyrights and trademarks;
  13. collect information about Users, including email, addresses without consent;
  14. use IA Services to facilitate money exchange including for example cryptocurrency;
  15. perform any kind of activity that may harm IA, the Users, or any third party.

 

5.3 User Services. Relationships between Buyer and Seller

5.3.1 When a Buyer decides to award a Seller with the Buyer’s project, such award represents a binding offer towards the Seller. The acceptance by the Seller of such offer constitutes a binding agreement between the Buyer and the Seller (the “Users Contract”) under which the Seller agrees to deliver a draft, or a prototype, or the User Products and Services in pursuance of the User Contract and depending on the conditions agreed therein, and the Buyer agrees to pay for the draft, prototype, or the User Products and Services provided by the Seller. The Users agree not to enter into any contract or arrangement which might be anyhow in conflict with or in violation of the Terms (e.g. executing agreements for the sale or the manufacturing of products without using the procedure allowed by these Terms or trying to circumvent Italian Artisan and its fees), or with the Users Contract. For each Users Contract a fee is due to IA for its Services; the relevant fee is set out in the Fees and Charges Policy.

5.3.2 The User is responsible  for the compliance with its obligations toward other Users. The User  represents and ensures that it is aware of any domestic laws (including common laws, international laws, and public laws), statutes, ordinances and regulations which may have any impact on its business or on its capacity of doing business.

5.3.3 IA is not responsible for and does not have any obligation in enforcing any right or obligation deriving from the User Contract. In case a User breaches any obligation, you are solely responsible for enforcing any rights that you may have. Not any of the provisions of the Terms is intended to override a right that by applicable law (even international) may not be excluded, in particular any laws related to unfair obligations or contracts. The User Contract should be in compliance with unfair contracts provisions and should be read down to be in compliance with local inalienable rights laws.

5.3.4 The Buyer and the Seller agree that their relationship is that of independent contractors. Nothing in these Terms nor in the User Contract shall be deemed to create a partnership, joint venture, agency or employment relationship between Users. Nothing in these Terms shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between IA and any User.

  1. User Responsibility

6.1. The User represents, warrants and accepts to be the sole responsible for obtaining all the necessary third-party licenses and authorizations relating to User Content to be sent, published or displayed on the Website, for the use or performance of the Services, or for the offering of Products and Services of the User; further, the User warrants that the transmitted content does not violate any copyright, patent, brand, trade name, commercial/industrial secret or any other personal or property right of third parties (“Rights of Third parties”) and to hold the right and the authority to sell, trade, distribute, export, or to offer the selling, trade, distribution, exporting of User Products and Services, and that said selling, trade, distribution or exporting or offer does not violate the Rights of Third parties.

6.2. Each User warrants and accepts that the User Content transmitted, sent or shown:

  1. is true, accurate, complete, legal;
  2. is not false, misleading, deceptive;
  3. does not contain information that is defamatory, libellous, threatening or harassing, obscene, unpleasant, offensive, sexually explicit or harmful for children;
  4. does not contain information that is discriminatory or that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age;
  5. does not violate the Terms or any applicable Additional Agreement, Applicable Policy, and the User Contract;
  6. does not violate laws, regulation (including – but not limited to – the applicable regulations on the control of exporting, consumer protection, unfair competition, false advertising) or promote any activity which might violate the laws of the applicable regulation;
  7. does not contain any direct or indirect connection to other websites with any type of content which might violate the Terms.

 

6.3. Each User:

  1. shall perform any activity in the Website in compliance with the applicable laws and regulations;
  2. shall complete any trade transaction with other Users in good faith;
  3. shall perform all the activities in compliance with the Terms and any other applicable Additional Agreement, Applicable Policy and User Contract;
  4. shall not use the Services or the Website to defraud any person or entity (including – but not limited to – selling stolen goods, using stolen credit/debit cards);
  5. shall not impersonate any other person or entity, nor misrepresent their affiliation to any person or entity;
  6. shall not engage in spamming of phishing activities;
  7. shall not engage in illegal activities (including – but not limited to – those which might represent a crime or give rise to civil liability, etc.) or encourage or take part in such illegal activities;
  8. shall not attempt to copy, reproduce, exploit or expropriate the different proprietary directories, database and lists of Italian-artisan.com;
  9. shall not engage in activities involving computer viruses or destruction systems and codes that damage, interfere with, bug or expropriate any hardware or software, or personal data and information;
  10. shall not implement any plan to undermine the integrity of data, systems or networks used by Italian-artisan.com and/or any User of the Website, or to obtain the non-authorized access to the data of said systems or networks;
  11. shall not engage in any activity which might give rise to any responsibility for Italian-artisan.com or its affiliates;
  12. is acknowledged of any Applicable Policy and explicitly accepts the terms contained therein.

 

6.4. The User shall provide to IA all the necessary information, materials and approval in order to give the reasonable assistance and necessary cooperation for the provision of Services, and shall immediately assess whether such information, materials and approvals have violated the Terms, laws, or right of third parties.

6.5. The User acknowledges and accepts that Artisan DNA is not obliged to actively monitor, nor to exercise editorial control or other types of controls over the form or content of any message, material or information created, obtained or accessible through the Service or the Websites. Artisan DNA shall not approve, check or – in any case – certify the content of any comment or other material or information by any User. Each User is the only responsible for the content of their communication or of their User Content, and can be considered legally responsible or responsible for the content of their comments or any other material or information.

6.6 User agrees that, except as otherwise expressly stated in these Terms or in the Separate Agreement, IA has no liability for any aspect of provision of User Product or Services or interaction between the Buyer and the Seller. The User shall be the sole responsible for the delivery of the User Products and Services in accordance with the applicable law and the User Contract. IA shall not be liable for any consequences deriving from the contractual relationship between the Buyer and the Seller; further, IA is not a party of any dispute between them, although we may provide a dispute resolution mechanism to assist parties in resolving issues.

7. Violations by Users

7.1. IA reserves the right, at its sole discretion, to remove, modify or refuse any User Content presented, submitted or displayed in the Website, that it deems to be illegal, in violation of the Terms, potentially giving rise to responsibility for IA or its affiliates, or inadequate.

7.2. Should the User violate any of the Terms or should IA have reasonable grounds to believe that a User is in violation of the Terms or any Applicable Policy, Artisan DNA has the right to impose a “sanction” (as defined below) against said User, or to suspend or close said User account or the subscription to any Service, without this giving rise to any responsibility upon IA or faculty to act for the User, and without prejudice to any damages suffered by IA or any other User deriving from such violation.

Such possible “sanctions” include – but are not limited to – the faculty to warn Users, to remove any User Product and Service or any other User Content submitted, advertised or shown by Users, by imposing restrictions on the number of User Product and Services announcements that the User can send or display, or impose restrictions on the use by the User of any characteristics and functions of any Service, for a period of time that Artisan DNA, at its own discretion, deems reasonably adequate.

7.3. Without prejudice to the generality of the Terms, a User shall be considered in violation of the Terms if:

  1. following a report or complaint by a third party, Artisan DNA has reasonable grounds to believe that the User is in breach of the User Contract or any other agreement connected with the Services with said third party;
  2. Artisan DNA has reasonable grounds to suspect that the User has used a stolen credit card, or other false or misleading information in any of the transactions with the counterparty, following a detailed complaint provided by other users;
  3. Artisan DNA has reasonable grounds to suspect that the User is in breach of section 5.2, 6, 8, 9, 13.4, 16.3.5, and 18.6 of these Terms or is not paying the fees due to IA or any amounts due to any other User;
  4. Artisan DNA believes that the actions of the User can cause a financial loss or give rise to legal liability for Artisan DNA, its affiliates, or other Users.

7.4. Artisan DNA reserves the right to fully cooperate with government authorities, private investigators and/or damaged third parties, when researching any suspect violation of the law. Moreover, Artisan DNA shall have the power to disclose the identity and contact information of Users, upon request of a government authority or a damaged third party, when applying the law, or in the case of an order to appear or any other legal action. Artisan DNA shall not be responsible for any damage or result deriving from said disclosure.

7.5. Artisan DNA may, at any time and at its own discretion, impose limitations, suspend, interrupt the use of any Service or Website by the User, without being responsible to the User, should Artisan DNA have received notification of the fact that the User has violated any agreement or arrangement with IA or any of the affiliates of Artisan DNA, and said violation implies dishonest and fraudulent activities – or should this involvement be suspected. Artisan DNA reserves the right to publish the documentation or registrations of said violation on the Website, without prejudice for the fundamental rights and freedoms of natural persons in relation – for instance- to the protection of personal data (e.g. by using pseudonyms). Artisan DNA is not obliged to examine said violation or request any further confirmation by the User.

7.6. Each User accepts to indemnify Artisan DNA, its affiliates, administrators, employees, agents and representatives and to hold them harmless from any and all damage, loss, activity and liabilities which might derive from the violation of Terms.

7.7. Each User acknowledges and agrees it is taking full responsibility for carrying out any sale and purchase operation relating to the Website or the Services, and it takes full responsibility for damages of any kind in relation to subsequent activities of any kind relating to User Products and Services at the centre of transactions made through the Website. Said risks include – but are not limited to – false representation of User Products and Services, fraudulent systems, unsatisfactory quality, non-response to the specifications, defective or dangerous goods, illegal User Products and Services, delays or failure to deliver or pay, violation of the warranty, violation of User Contract and transport accidents. Said risks also include those risk that production, import, export, distribution, offer, visualization, selling, buying and/or use of User Products and Services offered or visualized on the Website might violate or be exercised, in violation of the rights of third parties and, in general, all those risks generically referred to as “transaction risks”.

7.8. Each User accepts that Artisan DNA is not to be held responsible for any damage, claim, liability, costs, damage, inconvenience, interrupted workflow, or expenses of any type which might arise out of or in relation with transaction risks.

7.9. The Users hold responsibility for all the terms and conditions of the operations performed through – or as a consequence of – the use of the Website or Services including – but not limited to – terms of payment, returns, warranties, transport, insurance, taxes, title, licenses, fines, permits, management and storage. The responsibility for the operations performed through the transaction panel or similar platforms lies solely with the User.

7.10. If User accounts have not been logged into for 12 months, we reserve the right to close them. The User risks to incur a fee per month until the account is closed or reactivated for storage, bandwidth, support and management costs of providing hosting of the User’s profile, portfolio storage, file storage, message transmission, administrative matters.

  1. IP Rights

8.1. The User agrees and it is responsible:

  1.  to comply with intellectual property rights, copyright and the exclusive rights of Italian Artisan on the Website and on the platform, and not to disclose – or use for other purposes – the information and any other element which can be found on the Website (“Website contents”);
  2.  not to exploit the Website contents for commercial purposes.

8.2 Artisan DNA is the sole owner and legitimate licensee of all rights and interests of the Services, the Website and its content. The Website and its content enclose trade secrets and other intellectual property rights which are protected by copyright laws worldwide and by any other applicable laws.

8.3 The “Artisan DNA” and “Italian-Artisan” brands and logos, and the respective icons and logos, are registered trademarks or service marks of Artisan Dna, registered in various jurisdictions, and are protected by intellectual property laws. Unauthorized copy, modification, use or publication of these brands is strictly prohibited and prosecuted under the applicable civil and criminal laws.

8.4 Artisan DNA may avail itself of independent third parties  involved in the provision of Services (for example, providers of authentication and verification services, or Payment Service Providers). It is strictly prohibited to use any brand, service mark or logo of such third parties.

8.5 By publishing or transmitting information, contents, comment, material, trademarks or registered logos or any other IP right (“User Content”) on or to the Website or the platform, the User declares, represents and warrants to own said content, to be entitled to perform said activities, and grants Italian Artisan an irrevocable, perpetual, geographically unlimited, royalty-free and sub-licensable (at different levels) license to exploit – in any manner connected to the Website and the Services – one or all of the User Content, by any means, media or technology currently know or not known, in any manner and for any purpose which might be useful for the Website functioning, the provision of Services and/or the User activity, and in particular for advertising campaigns, any promotional purposes, or to execute any agreement with the User or with third parties.

8.6 The User shall hold IA harmless and shall indemnify IA for any direct and indirect damages, including costs and actual or potential losses that IA may suffer in connection with the breach of this section or due to the violation of third parties’ rights on the IP or any User Content provided by the User.

 

8.7 The User agrees to be the sole responsible for its User Content transmitted to other Users or to IA. To this regard, Users may execute NDAs or similar agreements in order to protect their rights. IA does not monitor or control in any way the legitimacy of the User Content and it is not part of any confidentiality or non-disclosure agreements in place between the parties. In case the User decides to unshare its User Content, it can and shall ask the relevant User the destruction or return of its USer Content; IA does not have any power over such return or destruction of User Content. 

 

  1. Taxes

9.1 The User is responsible -and shall comply with any applicable law- for paying any taxes, including on goods and services or value added taxes as applicable depending on the jurisdiction where the User provides its services or as differently required by competent authorities or applicable laws. Except with reference to payments received by IA from the Users for the performance of IA Services, IA shall not have any liability for paying or not paying any taxes deriving from or connected with the User Product and Services provided by the Users or connected to the User Contracts, and in general on any activity performed by the User through the Website.

 

9.2 The User is acknowledged that depending on its location or residency or domicile, the User may be subject to certain taxes (ad valorem, withholding, or others) in addition to the fee charged by IA.

  1. Payment Service Providers

10.1 The User acknowledges and agrees that IA may appoint, at its sole discretion, related bodies, affiliates, subsidiaries or independent other third parties to act as payment service providers (the “Payment Service Providers”) to make payments or manage payments on IA behalf from or to Users.

 

10.2 The Payment Service Providers will have the same rights, powers and privileges that IA has in relation to payment provisions disciplined by the Fee and Charges Policy. In no event, IA will be considered liable to Users for any loss, damage or liability resulting from the Payment Service Providers’ contractual breach and/or acts beyond the authority given by IA or beyond IA control.

 

10.3 Should IA appoint a Payment Service Provider, the User will be informed of which payment is managed by the Payment Service Provider at the moment the payment is due. A payment made by the User to the appointed Payment Service Provider will discharge the User from that payment obligation with regard to IA fees; should not this be the case, IA is entitled to recover its fees by any legal or judiciary means. The User is acknowledged that the Payment Service Providers may have their own terms and conditions which their services are subject to; thus the User hereby accepts and agrees to be bound and to comply with such terms and conditions and any changes made from time to time.  In order for IA to enable such payment processing services, the User agrees to provide IA with accurate and complete information about transactions and its tax identification numbers, and authorizes IA to share such information and transaction data related to the use of payment processing services.

 

10.4 The User is acknowledged that any processing on its personal data provided in connection with the payment to the Payment Service Provider is managed and regulated by such Payment Service Provider and its privacy policies. Except as otherwise provided (e.g. in IA Privacy Policy), IA does not collect, store, or process any personal data related to credit cards or to other payment methods (e.g., used name, password, etc). The Payment Service Provider is the sole responsible for the processing and storage of such data. 

10.5 The User is acknowledged, declares and agrees that he must complete any transaction connected to the Services offered by IA, the use of the platform, and those relating to the payment of Users’ Products and Services solely through the platform and the Payment Service Provider. Furthermore, the User declares and accepts that IA is entitled to withhold its fees directly from the transactions made on the platform by the User through the Payment Service Provider.

11. Limitation of Responsibilities. Force Majeure

11.1. To the fullest extent permitted by law, Artisan DNA is not liable for any form of explicit or implicit responsibility, including – but not limited to – guarantees of sale, quality, duration, delivery, performance, accuracy, reliability, marketability, or suitability for a specific purpose related to the IA Services or to the User Products and Services. The Users are the only responsible for any applicable liability related to the User Products and Services and/or deriving directly or indirectly from the User Contract.

 

11.2. Under no circumstances Artisan DNA shall be held responsible and no reimbursement shall be provided for any delay or mistake or interruption of contents and Services provided through the Website, deriving directly or indirectly from an act of nature, or force majeure causes including – but not limited to: internet, computer, telecommunication or other equipment failures; electricity grid failures; strikes; labour disputes; riots; insurrections; civil disturbances; epidemic events or lockdowns; labour or materials shortages; governmental actions; orders form national or foreign jurisdiction or orders for non-compliance by third parties.

 

11.3 Artisan DNA makes no declaration or warranty on the validity, topicality, fairness, reliability, quality, stability, completeness of the information provided on – or by means of – the Website; Artisan DNA does not declare or warrant that the production, importing, exporting, distribution, offer, display, purchase, selling and/or use of User Products and Services offered or shown on its Website do not violate any right of third parties; such liability lies solely on the User. Artisan DNA makes no declaration or warranty of any kind on any User Product or Service offered or shown on the Website.

11.4. The Website can make available services or products supplied by independent third parties. No warranty or declaration is made as regards said services or products. Under no circumstances can Artisan DNA and its affiliates be held responsible for said products or services.

11.5. Each User agrees to indemnify and hold Artisan DNA, its affiliates, directors, officers and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity) that may result from the use by this User of the Website or the Services (including but not limited to the display of information on the Website by said User) or violation of any of the Terms and Applicable Policies.

11.6. Each User hereby agrees to indemnify and hold Artisan DNA, its affiliates, directors, officers and employees, harmless from any and all losses, damages, claims, liabilities which may arise, directly or indirectly, as a result of any claim by third parties. Each user declares and accepts that Artisan DNA shall not be responsible for the material published by third parties.

11.7. Limitations and exemptions from liability under these Terms apply to the maximum extent permitted by law.

11.8. In no event shall we, our related entities, our affiliates or our staff be liable, whether in contract, warranty, tort (including negligence) or any other form of liability for:

 

  • any indirect, special, incidental or consequential damages that may be incurred by you;
  • any loss of income, business or profits (whether direct or indirect) which may be incurred by you;
  • any claim, damage or loss which may be incurred by you as a result of any of your transactions involving the Website or the Services.

 

 

The limitations of our liability to you apply regardless of whether we, our related entities, our affiliates or our personnel have been advised of the possibility of such loss or damage.

11.9 In the event of a dispute between Users, or between Users and any third party, you agree that IA has no obligation to be involved. In the event that you have a dispute with one or more other Users, you release IA, its affiliates, and their respective officers, employees, agents and successors from any claims, demands and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes and/or our Services.

12. Notices

12.1. Any legal notice or request directed to IA must be made in writing and sent directly to Artisan DNA – either by courier to the following body and address: Artisan DNA via Manin 8 Porto Recanati (MC) 62019 Italy; or certified amministrazione@pec.italiandna.it (PEC), to the attention of: Legal Department. Said notices shall be effective when Artisan DNA receives them according to one of the methods listed above.

12.2. Any legal notification or request about a User is effective if personally handed out, sent by courier, fax or e-mail to the address provided by the User to Artisan DNA, or sending said notice or request to an area of the Website that is accessible to the User.

12.3. The User agrees that all the agreements, notices, requests, information, and other communications that Artisan DNA sends electronically meet the legal requirement in case that notice must be made in writing. You consent to receive communications and information from us regarding the Website and the Services through electronic communication.

  1. Feedback Ratings

13.1 The User accepts not to undertake any action which might undermine the integrity of the feedback system of Italian-artisan.com.

13.2 The User hereby transfers to us any Intellectual Property right on any feedback, reputation or reviews consisting of comments and ratings together with any rating made by us.

13.3 The User may not use such feedback, reputation and reviews incoherent with IA policies at any time without our prior permission.

13.4 The User may not do anything (or omit) to mine the integrity of the Feedback system, such as leaving positive feedback using the ID of secondary Users or through a third party or by leaving groundless negative feedback on behalf of another User.  We reserve to suspend or block your account at any time, if we believe that our feedback system may be subverted by your feedback or if we are concerned, in our sole discretion, by any feedback made about you. The feedback rating may not be used for purposes other than those described in these Terms. The feedback may not be used in any real or virtual venue other than our Website or its related partners without our written permission.

13.5 IA shall not have any obligation to monitor or control the feedbacks, comments, or evaluations provided by the Users on the Website.The User is the sole responsible for the content of any feedback, comment or evaluation provided on the Website. Therefore, the User shall indemnify and hold IA, its affiliates,  and their respective officers, employees, agents and successors from any claims, demands and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such feedback, comment or evaluation.

  1. Advertising

14.1 Unless otherwise agreed, it’s forbidden to advertise any kind of external website, product or service different from the Services through our Website. Any website address posted on the Website, including a listing, bid, listing description, clarification board or the message board, must relate to a User project, contest, item listed, User Product or Service being performed on the Website. IA may display advertisements or promotions on its Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties.

14.2 In addition, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by IA or third party right holders, you agree to not modify, distribute, sell, appropriate or create derivative works based on such advertisement/promotions.

  1. Communication between Users

15.1 Communication with other users on our Website must be conducted through direct text, message boards and project message boards provided on the Website. The only e-mail address to be posted and to be shared with other Users is only the one written on the “email” field of the signup form, at IA request, or as otherwise permitted by our Website. The user shall not, or attempt to, communicate with other User through any other means than our Website (example private email, telephone, Skype, AIM, MSN Messenger, WeChat, SnapChat, Yahoo etc.).

15.2 In case of video chat or audio chat, any terms agreed between Users as well as the User Contract must be confirmed in writing form using the chat or direct message through our Web Site.

15.3 Information such as name, location, display or username, and User image may be used in relation to the messaging services on the Website or in the mobile apps. IA may read and access all the correspondence posted on the Website or via the mobile app, download it or test it for investigation purposes related to fraud, regulatory compliance, risk management and other related purposes.

  1. Financial Provisions and Refunds

16.1 IA reserves the right to collect any amount due to it by any legal means.

16.2 The Users acknowledge and agree that:

  1. IA is not a bank or other licensed financial institution;
  2. we are not acting as trustee or fiduciary in relation to payments between Users and their contractual obligations.

 

16.3 Refunds

16.3.1 Any amount paid to Italian Artisan is non-refundable. However, you may send to us a detailed written request for a refund for an amount you believe you have unduly paid relating to fees or charges payable to us. The request does not represent a right to be reimbursed, which may or may not be provided at the sole discretion of IA.

16.3.2 If the amount you have requested a refund relates to our Fees and Charges policy, you must follow the procedure set out in the “Applicable Law and Jurisdiction. Alternative Dispute Resolution” clause. IA may choose to refund you at its sole discretion and does not have any obligation to refund you unless stated in a final judicial order. If we accept to provide you with the refund, the funds will be received by you via the same payment method you used to make the original payment to us.

16.3.3 We may refund funds to you regardless of whether or not a User has requested a refund of funds if in case we decide in our sole discretion that: (1) we are required by law or believe to be required by law to do so; (2) refunding the funds to you will avoid any dispute or increase in our costs; (3) you have made a double payment in error; or (4) a refund of funds is likely to be necessary to avoid undue charge to your credit card; (5) in any other case we decide a reimburse is necessary.

16.3.4 If you have already initiated a chargeback request with your credit card issuer, you should not request a refund of funds by contacting us and you should not seek double recovery.

16.3.5 If, after considering all relevant circumstances, we reasonably determine that you have made an excessive or unreasonable number of requests for reimbursement of funds or chargebacks, we may suspend, limit, terminate your account, or apply any other measure to safeguards IA rights as provided by these Terms or by law.

16.4 In the event that, for any reason, a User must return the payment, or part of it, received from another User (for example, refunds for defective products, for any return or withdrawal policies granted by a User), the Users accept and in any case release IA from having to return the amount due to it obtained for the Services provided and for the transaction that has taken place; any sum collected by IA, therefore, will remain acquired by IA and will not be subject to any refund unless otherwise established in the sole discretion of IA.

 

  1. Chargebacks

17.1 A chargeback (which is a dispute of a payment that a User forwards to the card issuer or financial institution), and any subsequent reversal instructions, is made by the issuer of the payment product or a third party (such as Payment Service Providers) and not by us.

17.2 You acknowledge and agree that we shall be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third party (such as Payment Service Providers) from the funds paid to you by other Users through the Website, as well as any processing or other expenses incurred by us for such chargebacks and reversals.

17.3 You agree that, at our sole discretion, we may cancel payments made to you which are subject to chargebacks or reversals instructions through the payment product issuer or third parties (such as Payment Service Providers). If you initiate any chargeback or other request for information or similar process, you expressly agree and consent to share all information in connection with your agreement to these Terms in order to defeat any chargeback request.

  1. Disputes and Code of Conduct

18.1. The User acknowledges and agrees that in the event a dispute arises between the User and another User in relation to any project, the User shall initially attempt to amicably resolve any difference he or she has in relation to such project, including in relation to the quality of User Products and Services.

18.2. If you continue to have any disagreements or problems in relation to a dispute with another User in relation to a Project, please contact us as set out in the “Contact Us” clause.

18.3. IA shall have the right but not the obligation to examine the disputes between Users. Should IA decide to investigate into the dispute, you agree that such dispute will be handled in accordance with this clause. Upon receipt of a dispute, IA will have the right to request the Buyer and the Seller to provide documentation to support their claim or position in relation to the dispute. You agree that IA has the absolute discretion to accept or reject any documents provided. You further acknowledge that IA is not a judicial or alternative dispute resolution institution and that decisions will only be made by us as an ordinary and reasonable person. In addition, we do not guarantee that the documents provided by the parties to the dispute are true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold IA and any of our affiliates harmless from any damages or liability they may suffer as a result of any documentation or material subsequently deemed false or misleading. IA may take any measure it deems necessary to solve the dispute or apply temporary or definitive measures (e.g. suspend the User Account, or un-post User Content, etc) as a consequence of the behaviour of a User.

18.4 In connection with any dispute with any other User, you agree to indemnify and hold IA and its affiliates harmless from any and all claims, demands and damages, actual and consequential, of any kind and nature, known and unknown, that are related to such dispute, our decisions and/or other disputes.

18.5 IA’s Code of Conduct applies to all Services offered by IA. You agree to make every effort in a fair manner and to submit reasonable and fair requests/offers regarding your dispute. No conduct relating to threats, blackmail, intimidation or incitement of Users to leave positive feedback or not to post negative ones will be tolerated.

18.6 The User who has violated the Code of Conduct may also incur further disciplinary action. For more information, please read the Code of Conduct.

  1. Applicable Law and Jurisdiction. Alternative Dispute Resolution.

19.1 These Terms and any Applicable Policy, Additional Agreement or connected agreement between IA and the User are governed and construed in accordance with the Italian Law without regard to its conflict of laws provisions.

19.2. If a dispute arises, please contact us directly to seek a solution using our customer support website or by sending us an email at info@Italian-artisan.com.

19.3 All claims against the IA shall be resolved in accordance with these Terms. Any claim filed in conflict with these Terms shall be deemed improper and in breach of these Terms. In the event of a claim contrary to these Terms, IA may recover legal fees and costs (including attorneys and paralegals).

19.4 Any dispute arising directly or indirectly out of these Terms shall be subject to the exclusive jurisdiction of the Court of Milan, (Italy). The applicable law shall be Italian Law. Notwithstanding the foregoing, IA may initiate preliminary injunction proceedings (including the so called “Procedimento per Decreto Ingiuntivo”) before any other competent court at its sole discretion; the Users hereby waive any right to object to such different court.

19.5 In addition to the foregoing, for any complaint against IA, IA may choose to resolve the dispute through binding arbitration. If IA chooses arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider to be selected by you from a panel of ADR providers that IA will provide to you. ADR and the parties must comply with the following rules: a) arbitration will be conducted by telephone, online, and/or will be based solely on written submissions, in accordance with the rules of the chosen ADR provider; b) any award rendered by the arbitrator may be enforced -where necessary- in any court of competent jurisdiction; c) any cost related to the procedure will be set by the arbitration.

19.6 If any proceedings by or against you are brought under any provision of any bankruptcy or insolvency law, IA shall be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of these Terms.

19.7 IA’s failure to act in connection with a violation by you or others does not waive our right to act in connection with the same or subsequent vilations.

  1. Access, Interference and Closing Account

20.1 You agree not to use any automated means to access the Website by any means for any purpose whatsoever without our express written permission.

20.2 In addition, you agree not to:

  1. take any action that imposes or may impose (in our sole discretion, exercised in a reasonable manner) an unreasonable or disproportionate load on our infrastructure;
  2. interfere with, damage, manipulate, disrupt, disable, modify, overburden or impair any device, software system or network connected or used (by you or us) in connection with the Website or your account, or assist any other person to do any of these things, or take any action that imposes, or may impose (in our reasonable discretion) an unreasonable or disproportionately large load on our infrastructure;
  3. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (other than user information) from the Web Site without the prior express written permission of IA and third parties, as applicable;
  4. interfere or attempt to interfere with the proper functioning of the websites, services or tools, or any activity conducted on or with the websites, services or tools; 
  5. bypass our robot exclusion headings or other measures that we may use to prevent or restrict access to the Website.

You must immediately notify any unauthorised access or any other security breach to the Website, your account or IA Services and mitigating, as long as possible, the unauthorised access or security breach (ex. preserving evidence and notify to appropriate authorities). Your password cannot be shared, and you are responsible for securing it. IA will not be liable for any loss or damage arising from unauthorised access of your account.

The User is responsible for any damage to the computer system of Artisan DNA caused in violation of this section.

20.3 With respect to the right to terminate your account, you may close your account at any time. The option can be found in account settings. Closing your account shall not in any case impair our and third parties rights to collect any amounts due by you.

20.4 Account closure is subject to, in addition to other provisions of these Terms:

  1.  not having any pending quote on the Website;
  2. the resolution of any outstanding issues (such as the suspension or restriction of your account); and
  3.  the payment of any fees or amounts due on the account.

20.5 We may retain some of your personal information to comply with regulatory requirements and our external obligations. Closing your account does not necessarily delete or remove all of the information we retain about you.

  1. Term and Termination

21.1 These Terms shall be effective from the date of their acceptance by the User (i.e. registration on the Website) or in any case from the date of their publication on the Website and shall last for as long as the User is registered on the Website or uses the Services. Notwithstanding the foregoing, the cancellation of the User account, for any reason, shall not be deemed to have terminated the applicability to that User of the terms contained herein which, for their nature, or is reasonable or necessary, continue to be fully effective between the parties (e.g. IP rights, applicable law, jurisdiction, dispute resolution, and limitation of liabilities provisions, etc.), unless otherwise agreed in writing by the parties.

  1. Questions

24.1 If you have any questions about this User Agreement or wish to report violations of this User Agreement, please contact us using our customer support website or by sending us an email at info@italian-artisan.com

23. General Terms

23.1. These Terms constitute the whole agreement between the User and Artisan DNA regarding the use of the Website and Services, replacing any other previous agreement, written or oral, relating to the same subject herein. Failure to enforce any part of these Terms by IA does not constitute a waiver of our right to subsequently enforce such or any other part of these Terms. Artisan DNA has the right to transfer these Terms (including any right, title, benefit, interest, obligation and duty included in the Terms) to any person or entity (including Artisan DNA’s branches). The User cannot transfer all or part of the Terms to any person or entity without the prior written of IA.

23.2. Artisan DNA and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchising relation can be deemed as established when accepting these Terms.

23.3. If any of the provisions of the Terms is non-valid or non-applicable, said provision shall be deleted and the remaining provisions shall remain valid and must be enforced.

23.4. The titles only serve as an indication, and can in no way define the purpose of reference or limit, interpret, describe the field or scope of the relevant section.

23.5. These Terms are drafted in Italian and English. In case of conflicts between the two versions, the clauses indicated in the English version shall prevail.

23.6. Headings are for reference purposes only and in no way limit, interpret or describe the scope or extent of this section.

23.7. Nothing in these Terms excludes or limits your liability arising from fraud or fraudulent misrepresentation.

You hereby declare to have read, understood, and explicitly accepted the following clauses of the Terms: 2; 3; 4; 7; 8; 10; 11; 18; 19; 23.