GENERAL TERMS AND CONDITIONS OF THE CONTRACT
1.Terms of use
This contract provides for the Terms of Use of the website named, www.unicartauctions.com and legally binding between the parties, Unicart Srl and the user. These Terms of Use govern the access and use of the website, including any pages and domains within the website.
In the event of any discrepancy between the different language versions of these Terms of Use, the Italian language version will prevail.
2.The other applicable information
The sales and / or purchase of Lots on the Website will be subject to prior registration and acceptance of the contractual conditions.
3.Terms and conditions for Sellers
For the offer of the Lots auctioned on the Website, the specific rules for the Sellers will be applied, which can be consulted by clicking “how to sell”which must be accepted in advance.
4.Terms and conditions for Buyers
For purchase goods and / or Lots at auction on the Website, specific rules apply in the appropriate area which can be consulted by clicking “how to buy” which must be accepted in advance.
5.Privacy
By virtue of the current Privacy legislation, the user can consult the Privacy Policy. By using the online site, consenting to the use of information for the purposes established by the Privacy Policy (Legislative Decree 196/2003 and subsequent amendments and Legislative Decree 101/2018).
To allow the user-seller / buyer to be able to fulfill the obligations deriving from a Sale Contract (online auction), the necessary personal information and useful for the conclusion of the sale will be made available to the seller / buyer who request it, contract (by way of example only, the name, e-mail address, telephone number and address will be made available) of other Users. This information will be provided in order to provide the Seller with the information necessary to be able to ship the awarded goods to the Buyer. Unicart Srl cannot be held responsible for the correctness of the personal data provided by the user at the time of registration and subsequently, shared with another User. Unicart S.r.l. and the User who receives the personal data are considered separate and independent owners of the processing of personal data in accordance with the applicable laws and regulations on the protection of personal data. In the event that Unicart Srl and a User are jointly responsible for the processing of relevant personal data, and in the event that Unicart Srl is sued, fined or otherwise suffers damages for any deficiency that can be attributed to the User in question, the User agrees to indemnify Unicart Srl for such damages.
The user (seller and / or buyer) will receive the personal data of another user, which must be processed in accordance with applicable laws and regulations (on data protection). Users will have to process the information only to fulfill their obligations, in order to solve any problems arising from the Sales Agreement and / or to fulfill certain legal obligations. The data provided may not be used for any reason for commercial purposes. In case of violation of the provisions of this Article, they will be liable for the damages suffered by the company in question.
6.Scope of the Service
The online site is made available to the users of the services, where it is possible to bid, buy and sell art objects (so-called “Lots”) through automated online auctions (“Online auctions”). All those who use the online site through a specific registration are considered “user”. Users who purchase Lots through the use of the site are called “Buyers” and users who sell Lots are called “Sellers”. The scope of the Service is as follows:
A) The Sellers are responsible for the Lots they sell. Unicart Srl will not exercise any control and therefore cannot be held responsible for the quality, safety, legitimacy or accuracy of the Lots. Unicart Srl plays a purely auxiliary role, providing only the online site.
B) Unicart Srl is not a party to the Contract of Sale. Buyers will automatically enter into a purchase agreement (“Sales Contract”) after the buyer reaches the reserve price, then wins the lot, with the Seller of a specific Lot for the amount of the highest Offer (the “Purchase Price”). There will be no Contract of Sale only if the Seller has set a minimum price (“Reserve Price”) and the reserve price is not reached.
The obligations and rights deriving from the Sales Agreement are reported in the specific Terms and Conditions area “ how to buy ”For Buyers and / or Terms and Conditions for Sellers“ how to sell ”.
7. Commission for the use of the Site and the service offered.
Unicart Srl, by virtue of the service offered for the use of the site in sales operations, will be entitled to a commission:
A) commission charged to buyers equal to 19% of the purchase price including VAT, which will be added to the purchase price.
B) A commission charged to the seller equal to 13% of the purchase price including VAT which will be deducted from the payment of the Purchase Price. The commission payable by the Seller will be increased by VAT, and any taxes (withholding taxes), taxes and duties if applicable. For professional subjects, having a VAT number, operating in the sector of auctions of valuables, by putting a minimum of 20 pieces for sale on our platforms, the commission charged to the seller can reach a minimum of 7%. In this case it is necessary to contact our sales department and enter into a further parallel agreement.
8. The registration
Before being able to use the Service offered by the site www.unicartauctions.com, you need to create a Account.
When registering and creating the Account, the following information must be provided:
All users are required to provide complete and truthful information on the natural person and / or on the company, however, it will be necessary toprovide a copy of the identity documents, to be sent to the following e-mail address info@unicartauctions.com. The use of the access data is allowed to the registered person or company. The information provided should always be up to date.
The user must indicate his / her own “nickname” during registration which will be made public for each bid made during the auction.
After registration, the user will be associated with an “ID code” in case of auctioning of at least one lot, the seller’s “ID code” will be published in thespecifications / description of the lot in question.
The user is solely responsible for any activity relating to their Account. Unicart Srl will not be able to verify who is the real user of their Account andtherefore, will not have any responsibility for its use.
9.Terms of use and account limitation
In order to ensure the reliability of the site, Unicart S.r.l. reserves the right to limit the use and / or access to the Account in case of use that violates the contractual conditions and / or the law. It is forbidden to register , access and / or use the Online Site through the Account of another User.
10. Auction Rules
In order to ensure the smooth running of the online auctions, the following rules for participation are:
binding instructions. You are required to comply with any valid indications and instructions relating to online auctions, which are provided by Unicart S.r.l.
Each Offer is binding. Any Offer coming from your Account will be deemed to have been made by the registered user. Even if the Offer is made by third parties through the use of the Account.
It is forbidden to bid for one’s own Lots or for the Lots of persons connected to the same. It is not permitted for a person connected to the seller to bid on the latter’s lots. This procedure is referred to as a “trick offer”, and is contrary to the conditions of use of the site.
It is forbidden to contact users and / or third parties directly to conclude a purchase contract outside the site for Lots offered for sale on the site.
Unicart Srl, has the right to temporarily or permanently prevent at any time (before, during and after an online Auction) bids on Lots.
Unicart Srl, at its discretion, has the right to remove an Offer in an ongoing Online Auction if it deems it necessary (for example in case of possible abuse or fraud and in case of obvious error by the bidder ). If a Lot is deleted, all offers will also be removed
11. Right of withdrawal
1. Consumers are entitled to a legal guarantee on the conformity of the Lots provided for by the EU directive on consumer rights (2011/83 / EU).
It is possible that the application of the European right of withdrawal is valid for your Purchase Agreement. Consumers residing in a country within the European Economic Area and purchasing a Lot from a Professional Seller have the right to withdraw from the purchase within a period of 14 days (“cooling off time”), without the need for justification.
in the event of withdrawal, the buyer must send the written request via email within 3 working days from the date of delivery of the lot.
In case of withdrawal, the user must return the Lot within 14 days from the notification of withdrawal. the Lot must be returned to the Seller with all accessories delivered in their original condition and packaging. The buyer will only be responsible for any possible decrease in the value of the Lot resulting from management that goes beyond what is necessary to establish the nature, characteristics and functioning of the Lot. The user will be entitled to a refund of the entire purchase price, including shipping costs, and the Commission to be paid by the Buyer. However, any direct costs for returning the Lot will be borne by the buyer.
the right of withdrawal is excluded for some products such as, but not limited to, gold, diamonds, bars and other products that have prices
12.Rules for Using the Online Site
Unicart Srl is authorized to limit the service relating to the sale and / or offer on the online site, if one of the users resides in one of the countries with a restriction on the provision of payment services. If an Account has already been created, the user will be informed and the Service relating to the Account in question will be limited.
By making use of the online Site, the user is required to comply with all applicable national, European and international legislation regarding the exercise of the offer, inclusion of objects in auctions, purchase and sale of Lots through the Site online.
The user agrees not to carry out acts that may involve an unreasonable and / or disproportionate load on the infrastructure of the online Site and / or that may hinder the functionality of the Site.
13. User Material
When using the online site www.unicartauctions.com, you need to upload material such as lot descriptions, photographs, specifications, opinions, messages, offers sales and / or announcements (see How to sell ) The following rules apply to any Material of the ‘User uploaded.
The user understands and agrees to be responsible for the User Material that is published on the online Site. It understands and accepts that the User Material uploaded and / or published on the online Site: is not deceptive, inappropriate or false and does not promote illegal activities.
It does not prejudice in any way the good reputation of Unicart Srl, the companies connected to it and / or its directors.
It is free of charges, does not violate laws or regulations or these Terms of Use, does not violate the rights of third parties and does not constitute in any other way illegal towards third parties or Unicart Srl.
By publishing the User Material on the Online Site, you grant Unicart Srl a license to use. However, the seller retains all intellectual property rights on the User Material itself. However, you grant Unicart Srl a free license, exempt from partial rights, extended to the whole world, nonexclusive, perpetual and non-revocable that allows the User Material to be made public and / or to reproduce it for all the purposes that Unicart Srl deems necessary (including promotional purposes).
This license allows us to promote user-seller lots and to promote the Site online in any format and through any channel. Under this license, Unicart Srl has the right to translate the User Material and promote it on its main page or in other promotional material (including social media), with the aim of promoting the sales activity and the online site. The use of User Material is useful for the success of Unicart Srl and is therefore advantageous for all Users. It is also for this reason that the license does not terminate if the Account is canceled or when the user decides to stop using the Online Site. Therefore, the user agrees not to claim any moral rights on the use of the User Material against Unicart Srl.
Unicart Srl has the right to have the User Material relating to a specific Lot translated, also using translations with an automatic procedure. Unicart Srl may, at its discretion, terminate the Sales Agreement on behalf of a User, who proves to have been negatively influenced and by a translation error. The lot can be removed while the latter is still at auction, in the event that there is an incorrect translation of the Lot.
13. Reporting illegal or unauthorized content.
Unicart Srl may remove the User Material of a manifestly illegal nature. In addition, it reserves the right not to accept a request intended to block, or remove User Material or stop an activity in the event that it has good reasons to doubt the accuracy of the communication or the lawfulness of the evidence provided.
If Unicart Srl deems it appropriate, it has the right to remove or modify the User Material from the Online Site, without being held responsible for any damage and without being obliged to pay any compensation.
14. Termination, suspension and other measures
Resolution
The user can remove his account at any time. Unicart Srl has the right to refuse the removal of the Account in the event that it is still necessary to fulfill certain obligations (such as payment or delivery obligations) towards Unicart Srl or other Users or in the event that there is the possibility that complaints still arise regarding the recently sold Lots. It can therefore resolve for the following reasons:
Unicart Srl, has the right to remove the Account if it is required by law to limit the Service to the user or if it is no longer in its commercial interest.
Unicart Srl in the event of any violation of these Terms of Use may result in the immediate closure of the user’s account without any formalrequirements being necessary (eg an injunctive notification of non-compliance).
Suspension – Unicart may suspend the Service.
– in the event that it has sufficient reasons to believe that the user is not acting in accordance with these Terms of Use. Therefore, Unicart Srl may suspend the use of all user accounts used or managed according to provisions.
Unicart Srl reserves the right to initiate complaints.
In the event of a complaint – governed by mandatory (consumer) law, Unicart Srl and in accordance with this right – in order to guarantee their rights, Unicart Srl and those of other Users (for example, in the event of a violation of the Terms of Use), we reserve the right, at any time and at our discretion, to:
(1) withhold payment or reimbursement, (2) withhold payment, (3) set off any financial compensation claims.
Unicart Srl reserves the right to take further protection measures. In addition to the above, Unicart Srl may take other measures to protect its online Site and its Users from illegal, fraudulent or otherwise inappropriate behavior.
15. Maintenance of the online site
Unicart Srl has the right at any time to make procedural, technical, commercial or other changes or improvements to the online site without prior notice. It also has the right to make the online site (temporarily) unavailable and / or to limit its use if deemed necessary and at the discretion of Unicart Srl (for example for the purpose of justified maintenance of the online site).
16. Disclaimer
Unicart Srl, within the limits of what is permitted by mandatory law, declines any responsibility for consequential damages from:
from unlawful acts or other origins arising from the improper use of the online site
The conclusion, execution (including delivery of Lots) and / or termination of a Sales Agreement by the Buyer or Seller
The cancellation of a transaction by Unicart Srl or the termination of a Sales Agreement by Unicart Srl on behalf of a User 4. Any errors in the text resulting from automated translations
User Material (such as photographs and descriptions of the Lots)
Illegal use of the online Site
the use of the services of Third Party Service Providers
Technical problems or other errors on the Online Site
17. Claim for damages
The user is required to report the damage in writing to Unicart Srl within and no later than (3) days from the delivery of the same. Any claim for compensation for damages advanced against Unicart Srl lapses at the simple expiry of three months (3) months from the moment in which the damage arose for the first time.
This limitation period also applies if the user has not provided contact, personal and / or banking information for the purpose of fulfillment following the request made and which must be paid or reimbursed, but the user has not sent the necessary information for fulfillment, after the request (at least once) by post or by telephone. In such situations, the term will run from the moment in which (i) the compensation request has become payable or (ii) the Sales Contract has been terminated by Unicart S.r.l. on behalf of a User.
18. Article: Manleva
To the maximum extent permitted by applicable law, the user declares to indemnify Unicart Srl against any claim of other Users or third parties Unicart Srl. The user also declares to indemnify and hold Unicart Srl harmless from any damage caused and of all expenses incurred by the same as a result of:
(i) your failure to execute the Terms of Use, (ii) your inappropriate conduct while using the online Site, (iii) your possible violation of laws or regulations or (iv) illegal act. The indemnification obligations referred to in this Article also apply to all companies related to Unicart, as well as its administrative body, its individual directors, employees, representatives and successors in title.
19. Disputes with other Users
Users will have to resolve any disputes between them. Where necessary, Unicart Srl will do everything reasonably possible to mediate between the Seller and the Buyer.
Any complaints and disputes between the Seller and the Buyer must be brought to the attention of Unicart Srl as soon as possible, undertaking to support users in resolving the dispute in good faith and in line with the Terms of use.
In the event that the dispute is not amicably resolved, users agree that Unicart Srl can definitively decide whether to reimburse the Buyer or pay the Seller. The decision will be based on all relevant information available, taking into account any agreements between the Buyer and the Seller. It is important to clarify that the decision of Unicart S.r.l., has no effect on the validity of the Sales Agreement. Regardless of the decision taken, the Buyer and the Seller are free to obtain the rights deriving from the Sale Agreement or to discuss the claims relating to the Sale Agreement among themselves. However, it will not arise for Unicart S.r.l. the obligation to pay damages or pay compensation to the Buyer or Seller if they do not agree with the decision.
If the Users decide to terminate the Sales Agreement between them, the Users lose the right to receive a refund of the relevant Commission paid by the Buyer and / or Commission by the Seller.
All Sales Contracts between Sellers and Buyers are governed by Italian law. The parties accept and acknowledge that it is possible that rules of international private law entail the application of a law other than Italian law in the case of a Sales Agreement with other Users.
20. Jurisdiction Disputes
These Terms of Use, the use of our online site and any resulting disputes are governed by Italian law, unless otherwise required by mandatory law. All disputes that arise between Unicart S.r.l and the user will fall within the jurisdiction of the Rome court
21. Modification of the Terms of Use
Unicart S.r.l may modify or supplement these Terms of Use at any time by posting them on the online Site. If a change or integration significantly affects the rights of the parties or obligations, it will send a notification by e-mail, or communicate the changes while using its site.
If, following the modifications and or integration of the Terms of use, the user continues to use the online site, thereby demonstrating that he irrevocably accepts the Terms of use in the new amended or integrated version. In the event that the user does not accept the modified or supplemented Terms of Use, he can stop using the online Site and delete his Account.
Unicart S.r.l. reserves the right to transfer the rights and obligations arising from these Terms of Use to third parties. If the user does not find the transfer of obligations to third parties acceptable, you can interrupt the use of the online site and cancel the Account, without prejudice to the application of the article on termination and contractual suspension.
22. Continuation
In the event that one or more provisions of these Terms of Use are void or invalid in whole or in part for any reason, the User and Unicart S.r.l remain bound by the remaining Terms of Use. Unicart S.r.l will replace the null and / or invalid part (in relation to the specific User or specific situation) with valid provisions.
BUYER REGULATIONS
How to Buy
Unicart Srl provides a website www.unicartauctions.com on which it is possible to buy and sell art objects. the user before using our website must accept and comply with and the conditions established in our Terms and conditions of use.
1- Registration
Before being able to use the Service offered by the site www.unicartauctions.com, you need to create a Account. When registering and creating the Account, the following information must be provided: – All users are required to provide complete and truthful information on the natural person and / or on the company, however, it will be necessary to provide a copy of the identity documents, to be sent to the following e-mail address info@unicartauctions.com. The use of the access data is allowed to the registered person or company. The information provided should always be up to date The user must indicate his own “nickname” during registration which will be displayed when the offer is made – The user is solely responsible for any activity relating to their Account. Unicart Srl will not be able to verify who is the real user of their Account and therefore, will not have any responsibility for its use. Auction regulations
Each Offer is binding. any Offer originating from your Account will be deemed to have been made by the registered user. Even if the Offer is made by third parties through the use of the Account.
It is forbidden to bid for your own Lots or for the Lots of people connected to the same. It is not permitted for a person connected to the seller to bid on the latter’s lots. This procedure is referred to as a “trick offer”, and is contrary to the conditions of use of the site.
It is forbidden to contact users and / or third parties directly to conclude a purchase contract outside the site for Lots offered for sale on the site.
Unicart Srl, has the right to temporarily or permanently prevent at any time (before, during and after an online Auction) offers on Lots.
Unicart Srl, at its discretion, has the right to remove an Offer in an ongoing Online Auction if it deems it necessary (for example in case of possible abuse or fraud and in case of obvious mistake on the part of the bidder). If a Lot is deleted, all offers will also be removed
It is not allowed to propose to sellers to conclude an agreement outside the website
2- Purchase
The user-Buyer and user-Seller of a so-called lot good enter into a Purchase Agreement. If the Bid made is the highest at the end of the Online
Auction, the same will be considered the Buyer and the user will automatically enter into a Purchase Agreement with the User-Seller of the Lot. However, in the event that the Seller has set a Reserve Price and the Offer is lower than the reserve price, there will be no Purchase Agreement. The Terms of Use refer to the user’s duties regarding the Purchase Agreement.
A commission will be required for the use of the Service. The Commission charged to the User-Buyer is equal to 19% of the Purchase Price (VAT included). This amount will be added to the Purchase Price.
The shipping costs and any additional import costs (for example, VAT, import duties) will also be borne by the User-buyer. The user-buyer understands and accepts that it is their responsibility to check any specific rules or restrictions applicable to the importation of an object into your country.
3 – Export
You are required to check that your country allows you to import the purchased material. For the export of purchased items outside Italy, the export license issued by the Cultural Heritage is required, which the buyer is required to obtain personally. Unicart srl is not liable for such permits, nor can it guarantee the release of the same. Unicart srl at the request of the buyer, can provide by asking the seller to schedule the practices relating to the granting of export licenses, the related costs are borne by the buyer.
4 – Payment
All offers made by the buyer-user are binding. the User-buyer who has won a Lot must pay for it and must follow the following rules: 1- After the lot has been awarded, the User-buyer is required to pay the purchase price for the transport costs to the Seller within four (4) days and (ii) the Commission paid by the Buyer to Unicart Srl. ‘User-Buyer, understands that all costs (such as bank charges), taxes (such as withholding taxes), duties and fees due are his responsibility. 2- The User-buyer must not purchase the Lot as part of a false transaction that allows you and / or third parties to transfer the total or partial purchase price and to launder the money in question.
5 – Delivery
The user-seller sends the items to the address associated with the user-buyer account, therefore the data must always be updated. The User-Seller will ship the Lot after Unicart Srl has received the payment at the address indicated in the Account registration phase.
In case of problems with the lot, the User-buyer must notify it within three (3) days of delivery. the user-Seller will communicate the tracking code of the shipment of the lot, the User-buyer accepts that the complaint will not be evaluated and the Seller will receive his payment in case of failure to communicate within this period of three (3) days.
In the event of a shipping problem, users should seek a solution directly from the parties concerned.
Unicart Srl has the right to cancel the transaction in the event that the Seller does not deliver the Lot. If the Seller does not deliver the Lot in accordance with its obligations under the Terms and Conditions for Sellers Unicart Srl, will have the right to cancel the transaction from its system. The cancellation of the transaction is not equivalent to a dissolution of the Purchase Agreement.
if the buyer chooses a shipping method not mentioned by the seller, or decides to collect it personally, the seller loses all responsibility including the right of withdrawal, since it is taken over by the carrier or courier chosen by the buyer and dissolves any link between buyer and seller, any disputes subsequent to the collection managed independently by the buyer must take place directly between the seller and the buyer. Unicart Srl is released from all charges, obligations and responsibilities.
withdrawal of the lot must be withdrawn within 4 working days of payment, after which there may be storage costs by the seller and if the lot is not collected after another 10 days by the buyer, Unicart srl will pay the seller, freeing himself from any liability between the parties.
the buyer is obliged to monitor the shipment in order to be found at home at the time of delivery, if the shipment remains at customs for any eventuality, after 10 days, Unicart Srl will continue with the payment to the seller, and dissolve any bond between buyer and seller, for further problems regarding the purchase the buyer must contact the seller directly and continue with him / her.
6 – Non-fulfillment of duties towards the Seller
If you fail to comply with the obligations arising from the Purchase Agreement towards the Seller, you will be in default and the Seller will be entitled to terminate the Purchase Agreement. We may send you a notice of default and a notice of dissolution on behalf of the Seller, but we have no obligation to do so. In this context, your obligations include compensation for damages against the Seller, without prejudice to any other rights of the Seller.
7 – Non-fulfillment of duties towards
In case of non-compliance with the Terms of Use towards Unicart Srl, it could decide to cancel the transaction of the Lot in question. This cancellation is not equivalent to a dissolution of the Purchase Agreement. However, in case of cancellation of the transaction, Unicart S.r.l. could hold the user responsible for any damages and expenses incurred and / or derived from non-compliance with the terms of use. This means that the user-buyer will be required to pay a penalty to be paid by the user-seller and Unicart Srl equal to 19% of the value of the object of the auction.
8 – Right of withdrawal
Consumers are entitled to a legal guarantee on the conformity of the Lots. Furthermore, depending on the place of residence, you may be entitled to cancel and return the purchase without the need for justification.
It is possible that the application of the European right of withdrawal is valid for your Purchase Agreement. Consumers residing in a country within the European Economic Area and purchasing a Lot from a Professional Seller have the right to withdraw from the purchase within a period of 14 days (“cooling off time”), without the need for justification.
In the event of withdrawal, the buyer must send the written request via email within 3 working days from the date of delivery of the lot.
In case of withdrawal from the purchase, you will have to return the Lot to the Seller. By virtue of the right of withdrawal, you will be required to return the Lot within 14 days of notification of withdrawal. You will need to return the Lot to the Seller with all accessories delivered and, as far as possible, in the original condition and packaging. You will only be liable for any decrease in the value of the Lot resulting from management that goes beyond what is necessary to establish the nature, characteristics and functioning of the Lot. You will be refunded the entire purchase price, including shipping costs, and the Buyer’s commission. However, any direct costs for returning the Lot will be at your expense. It is possible that the application of the right of withdrawal is not valid for your purchase. Please note that some products and services are excluded from the right of withdrawal such as, but not limited to, gold, diamonds, bars and other products that have fluctuating prices, deteriorate rapidly or have a limited possible shelf life.SELLER REGULATIONS
HOW TO SELL
Unicart Srl provides a website www.unicartauctions.com on which it is possible to buy and sell art objects. the user before using our website must accept and comply with and the conditions established in our Terms and conditions of use.
Registration
Before being able to use the Service offered by the site www.unicartauctions.com , you need to create a Account. When registering and creating the Account, the following information must be provided: – All users are required to provide complete and truthful information on the natural person and / or on the company, however, it will be necessary to provide a copy of the identity documents, to be sent to the following e-mail address info@unicartauctions.com. The use of the access data is allowed to the registered person or company. The information provided should always be up to date The user must indicate his own “nickname” during registration which will be displayed when the offer is made – The user is solely responsible for any activity relating to his / her Account, Unicart Srl will not be able to verify who is the real user of his / her Account and therefore, will have no responsibility for its use. These Terms and Conditions for Sellers outline your rights and obligations regarding the Contract of Sale between the user-Buyer of the Lots offered for sale.
Presenting lots at auction
After registering in the appropriate area as a Seller, the Lots owned by you can be put up for sale at auction. Make sure you read the following carefully . – The Lots . Unicart Srl will decide which Lots are eligible for sale on our online site. Unicart Srl reserves the right to refuse Lots without having to provide explanations. – clear and complete description of the Lot. When placing a lot up for auction, clear and complete information must be provided about the Lot. The following materials and information must be included, but not limited to: 1. A correct, complete and accurate description of the Lot. 2. Information regarding the conditions and classification of the Lot, including whether or not the object is included in the margin regime in the context of applicable VAT legislation. 3. One or more clear photographs that accurately represent the current state (including any defects or imperfections), characteristics and other details of the Lot. 4. Any Reserve Price (the option to set a Reserve Price will depend on the value of the Lot).
5. An indication of any shipping costs. 6. Any other conditions relating to the object offered at auction. – Guarantee for the sale of the Lot. Lots offered for sale must not, violate any law or regulation, (ii) violate any third party rights, including rights deriving from agreements and Intellectual Property Rights, (iii) act fraudulently in general, or (iv) act in an illegal and / or fraudulent manner towards third parties or Unicart Srl, User-seller also guarantees that the auction and sale of the Lot constitutes an honest and authentic transaction. In particular, it guarantees not to auction the Lot as part of a false transaction that can be traced back to money laundering. – Withdrawal of Lots from the auction before the auction starts. Lots can be withdrawn from the auction until they are published on the online site and are visible to other Users. After this deadline, the user-seller will no longer be able to change the conditions associated with the offer of the object at auction, but will be considered accepted, as per communication that will be sent by e-mail from Unicart S.r.l.
Lots at auction
Once accepted and auctioned, other User-buyers can bid on the Lot. The user-seller must accept the following rules: – The Buyer and the Seller of a Lot enter into a Sales Agreement. At the end of the Online Auction, a Sale Agreement will be signed between the user-buyer and user-seller with the highest bidder (the Buyer) of the Lot. This will not happen if a Reserve Price has been set and the highest Offer is lower than the Reserve Price. – Trick rise. The user-seller is not authorized to bid for his own Lots or for the Lots of persons connected to him. It is also not permitted for a person connected to the user-seller to bid on their Lots. This practice is referred to as a “trick offer”. – The Lots offered on the Unicart Srl online site will be offered exclusively on the site The Lots offered on the Unicart SRL online site may not be offered by websites, including online platforms, and by sales websites owned by the User-seller or owned by third parties, if such Lots are included in one of the online auctions of Unicart Srl.
Delivery or collection of Lots
Following the sale of a Lot, the User-Buyer will have to pay the Purchase Price, any transport costs and the Commission charged to the same. Unicart Srl will inform the user-seller as soon as the Buyer has made the payment, so as to allow the user-seller to ship the Lot to the Buyer. The characteristics, colors, features, etc. of each lot are described by the images and characteristics provided by the user-seller. If the object is different from what can be perceived through the information and images provided by the user-seller and uploaded on unicartauctions.com or other auctions platform managed by Unicart Srl, the user-seller has the burden of payment of the withdrawal of the non-compliant object and free Unicart Srl immediately from any liability. Furthermore, in the event of a dispute between seller-buyer, both will defer to the impartial decision of Unicart Srl which will establish the conformity of the object to the web page that represented it. – The Lot must be shipped within four (4) working days of payment. The lot must be carefully packed and sent within four (4) working days of receipt of payment confirmation by Unicart Srl. The user-seller is fully responsible for shipping the Lot to the Buyer. – The Lots must be sent with a tracking code. The risks of shipments for any damage and / or loss of the Lots during transport will be borne by the User-seller. – Lots must be shipped from the address indicated in the Account The userseller is required to ship the lots from the address indicated in his account, indicated in the registration phase. In case of shipment of the Lot from a different address, the additional costs will be borne by the user-seller. The user-seller must contact the user-buyer in case of problems with the shipment. In the event of loss and / or damage to the Lot during shipment, a solution must be reached directly with the user-Buyer.
Payment of Lots
the Purchase Price will be paid to the seller user (net of the Commission payable by the Seller) after the Buyer has paid the Purchase Price, any transport costs and the Commission to be paid by the user – Buyer and (the seller-user will have shipped the Lot – withhold payment. Unicart Srl will have the right to suspend the payment in the event that the user-Buyer has notified a dispute due, for example, to alleged damage or noncompliance of the Lot. – the right to cancel a transaction in the event of non-payment by the Buyer user. If the user-buyer does not make the payment in accordance with the obligations of the user-seller, Unicart Srl will solicit payment. If the user-Buyer fails to pay, the user-seller accepts and acknowledges that Unicart Srl can cancel the transaction in our system. The cancellation of the transaction is not equivalent to a dissolution of the Sales Agreement. Once the transaction has been canceled, the user-seller can decide to present the Lot again at auction or contact the user-Buyer directly to assert their rights under the Sales Agreement. – The right not to pay you. In case of non-compliance with our Terms and Conditions of Use Unicart Srl reserves the right not to pay the payment for the Lot in question. In this case the user-seller accepts and acknowledges that he will waive any claim that you may have against Unicart Srl for the aforementioned payments.
Failure to fulfill duties towards the Buyer
In the event of failure of the user-seller to comply with the duties arising from the Sales Agreement towards the user-Buyer, the user-seller will be considered in default and the user-Buyer will have the right to terminate the Sales Agreement. The user-seller will have to reimburse the user-Buyer of the purchase price if already received by the same. Unicart Srl will not be responsible for the refund. --
