GENERAL TERMS AND CONDITIONS OF THE CONTRACT
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.
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 12% 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 10 pieces for sale on our platforms, the commission charged to the seller can reach a minimum of 3%. 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 to provide a copy of the identity documents, to be sent to the following e-mail address firstname.lastname@example.org
. 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 the specifications / 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 and therefore, will not have any responsibility for its use.
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
- 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 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.
- 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, non-exclusive, 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:
a- 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.
(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).
- 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
- 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 no later than three days from its discovery. 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:
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.
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
All disputes that arise between Unicart S.r.l and the user will fall within the jurisdiction of the Rome court