Marktplaats verkoopvoorwaarden

These Terms and Conditions of Use (hereinafter “Terms“) govern in a binding manner the use of the services of Tilelook.com (hereinafter “Service“) and any other agreement or legal relationship between:

• Tecnobit S.r.l. - Via Bortolo Sacchi, 9 - Bassano del Grappa (VI) Italy, R.E.A. C.C.I.A.A. Vicenza N. 200156 - Partita IVA: IT02017240249, Email: contact@tilelook.com, PEC tecnobit@pec.tecnobitmail.com, hereinafter referred to as “Owner“;
• The user of the services offered by Tilelook.com (hereinafter referred to as the “User“) in his capacity as both purchaser (hereinafter referred to as the “Purchaser“) and seller (hereinafter referred to as the “Seller“) of the products sold through these services (hereinafter referred to as the “Product“ or “Products“).

Nothing in these Terms shall give rise to a relationship of employment, agency or association between the parties concerned.
Although the contractual relationship is solely between the Owner and the User, the User acknowledges and agrees that if the Tilelook.com Service is provided to them through the Apple App Store, Apple may exercise its rights under these Terms as a third party beneficiary.
The name 'Tilelook.com' refers to:

• this site, including its subdomains and any other site through which the Owner offers the services defined in these Terms;
• Applications for mobile devices, tablets or similar;

1. The Tilelook.com Marketplace - Brokerage

Tilelook.com allows Users to contact and interact directly with each other.
The Owner is therefore not involved in any such interaction, nor does it encourage, participate in or benefit financially from any contract or transaction resulting from such interaction.
By accepting these Terms, the User releases and indemnifies the Owner, its representatives, directors, employees and agents unconditionally and without time limit from and against any claim, demand or damage (direct or indirect, emergent or consequential), presently known or unknown, of any kind and nature whatsoever relating to, arising out of or in any way connected with:

• Disputes between Users or any other natural or legal person.
• The use of the Product, including without limitation any claim relating to material defects, mismatch in quality/quantity of the purchased Product, delay in delivery or non-delivery, infringement of intellectual property rights, copyright, reputation or privacy, moral rights, rights of paternity or integrity of any Seller.
• The User's activity on Tilelook.com including, but not limited to, its legal ability to complete a transaction and bear the costs thereof.

The User acknowledges and accepts that the Owner has no control over the use and misuse of the Products by any natural or legal person and is therefore not liable for any damages that may arise.
If the Owner is made aware that a Product may not be in compliance with the Terms, the Owner may review this finding and determine at its sole discretion whether to take action in accordance with the Terms. The Owner shall not be liable to Users for taking or failing to take such action.
The Owner has the absolute right to remove and/or delete without notice any censurable Product within the scope of its control. The User consents to such removal and/or deletion and waives all claims against the Owner arising from the removal and/or deletion. The Owner is not responsible for the failure to preserve published content or other materials transmitted by the User through Tilelook.com. The User must take appropriate measures to save a copy of any data, material, content or information published on Tilelook.com. Any identity verification procedures are adopted by the Owner without guarantee, as simple commitments of good faith.
The Service of Tilelook.com is free of charge for the Buyer. The Products offered by the Seller on tilelook.com are highlighted as such.
These Terms govern the use of Tilelook.com as a platform.
Unless otherwise specified, the Terms shall also apply to transactions between Buyer and Seller, without involving the Owner in such transactions.

2. Conditions of use

Unless otherwise specified, the conditions of use of Tilelook.com set out in this section apply generally.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using Tilelook.com the User declares to meet the following requirements:

• There are no restrictions on the User with regard to whether he is a Consumer or Professional User.
• The User is not located in a country subject to a government embargo by the United States of America or in a country on the list of states sponsoring terrorism by the Government of the United States of America.
• The User is not on any list of non-admitted contractors by the Government of the United States of America.

3. Registration

In order to use the Service, the Seller can open an account by providing all the data and information requested in a complete and truthful manner.
It is not possible to use the Service without opening a Seller account. The Purchaser can instead indicate only his data when filling in the quote request.
It is the User's responsibility to keep his access credentials secure and confidential. To this end, the User must choose a password that corresponds to the highest level of security available on Tilelook.com.
By creating an account, the User agrees that they are fully responsible for any activity carried out with their access credentials. The User must inform the Controller immediately and unequivocally via the contact details indicated in this document if they believe that their personal information, such as their User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.

3.1 Registration requirements

The registration of a User account on tilelook.com is subject to the conditions specified below. By registering an account, the User confirms that they meet these conditions.

• The opening of accounts by bots or other automated means is not permitted.
• Unless otherwise specified, each User may only create one account.
• Except where expressly permitted, a User's account may not be shared with other persons.

3.2 Closing an account

The User is free to close their account and cease using the Service at any time by contacting the Data Controller at the contact details given in this document.

3.3 Suspension and deletion of account

The Owner reserves the right to suspend or delete a User's account at any time at its discretion and without prior notice if it considers it inappropriate, offensive or contrary to these Terms.
Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity.
Suspension or deletion of an account for reasons attributable to the User shall not release the User from payment of any applicable fees or prices.

4. Content on Tilelook.com

Unless otherwise specified or clearly recognisable, all content available on Tilelook.com is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on Tilelook.com does not violate applicable legislation or the rights of third parties. However, it is not always possible to achieve this result. In such cases, without prejudice to any rights or claims that may be legally exercised, the User should address their complaints to the contact details specified in this document.

4.1 Rights to the contents of tilelook.com

The Owner holds and expressly reserves all intellectual property rights over the aforementioned content. The user is not authorised to use the contents in any way that is not necessary or implicit in the correct use of the Service.

4.2 Content provided by the User

The Owner allows Users to upload, share or offer their own content on Tilelook.com.
By providing content to Tilelook.com, the User declares that they are legally authorised to do so and confirms that said content does not violate any laws and/or third party rights.
Users acknowledge and agree that by providing content to Tilelook.com they irrevocably grant the Owner a non-exclusive, worldwide, perpetual (i.e. for the duration of legal protection), royalty-free right to use, access, store, reproduce, modify, disseminate, publish, transform into derivative works, transmit (including streaming) or otherwise exploit the content to provide and promote the Service in any form or media channel. This right may be transferred or licensed to third parties.
Within the limits of the law, the User waives the exercise of moral rights in relation to the content provided to Tilelook.com.
Users acknowledges and accepts that the content offered by them through Tilelook.com will be made available under the same conditions applicable to the content of Tilelook.com.
The User is solely responsible for the content uploaded, published, shared or otherwise provided to Tilelook.com.
The User acknowledges and accepts that the Owner filters or modifies such content in advance.
Therefore, the Owner reserves the right to refuse, censor, remove, delete, block or rectify such content at its own discretion and to deny access to Tilelook.com without prior notice to the User who uploaded it if it considers that the content violates applicable legal provisions or the rights of third parties or otherwise poses a risk to Users, third parties, the Owner itself or the availability of the Service.
The removal, deletion, blocking or rectification of content does not justify any claim for compensation, reimbursement or indemnity on the part of the User who has provided such content.
The User agrees to indemnify the Owner from and against any claims made and/or damages suffered as a result of content provided by them to or offered through tilelook.com.

4.3 Accessibility of the content provided

The content provided to Tilelook.com by the User is made available under the conditions described in this section.

4.3.1 Public content

Content intended to be made public will automatically be published on Tilelook.com after upload or, at the discretion of the Owner, at a later date.
Any personal, identifying or other information that the User uploads along with the content (such as, for example, the user-ID, an avatar or nickname etc.) will appear in connection with the published content.

4.3.2 Private content

Confidential content provided by the User remains private and will not be shared with third parties or the Owner without the express consent of the User.

4.3.3. Content reserved for a specific audience

Content intended to be made available to a specific audience may only be shared with third parties defined by the User.
Any personal, identifying or other information that the User uploads along with the content (such as, for example, the user-ID, an avatar or nickname etc.) will appear in connection with the content.
The User can (and is encouraged to) consult Tilelook.com to find out who can access the content provided by them.

4.4 Access to external resources

Through Tilelook.com the User may have access to resources provided by third parties. The User acknowledges and accepts that the Owner has no control over these resources and is therefore not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law.

4.5 Permitted use

Tilelook.com and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and under applicable law.
It is the sole responsibility of the User to ensure that the use of Tilelook.com and/or the Service does not violate any law, regulation or third-party rights.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to Tilelook.com or the Service, terminate contracts and report any censurable activity carried out through Tilelook.com or the Service to competent authorities such as judicial or administrative authorities whenever there is a suspicion that the User is violating laws, regulations, third party rights and/or the Terms, in particular, but without exclusion, by carrying out one of the following activities:

• Offering via Tilelook.com Products whose sale is prohibited by law or which are not currently available (e.g. due to stock-outs);
• manipulating the price of the Products offered or failing to deliver Products purchased;

4.5.1 Scraping

• implementing automated processes to extract, collect or capture information, data and/or content from Tilelook.com and all related digital extensions, unless expressly authorised by the Owner;

4.5.2 Content rules

• disseminating or publishing content that is unlawful, obscene, defamatory or inappropriate;
• publishing content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence;
• disseminating or publishing content that is false or likely to cause unjustified alarm;
• using Tilelook.com to publish, disseminate or otherwise offer content protected by intellectual property law, including but not limited to patents, trademarks and copyrights, without the permission of the rights holder;
• using Tilelook.com to publish, disseminate or otherwise offer content that violates the rights of third parties, including, but not limited to, military, trade, professional or governmental secrets and personal data;
• publishing content or carrying out activities that disrupt, interrupt, damage or otherwise violate the integrity of Tilelook.com or other Users' devices. These activities include spamming, illegal advertising, phishing, fraud against third parties, spreading malware or viruses, etc.;
• publishing or otherwise disseminating false, incorrect, misleading, defamatory or offensive content in relation to Products offered on Tilelook.com;

4.5.3 User Protection

• misusing the account of another User;
• collecting or extracting personal and identifying information from other Users, including, without limitation, e-mail addresses or contact details, by violating the privacy settings of other Users' accounts on Tilelook.com or in any other way;
• using information about other Users, such as personal or contact data, for purposes other than those of Tilelook.com;

5.Terms and conditions of sale

5.1 Parties to the sale

The sale of the Products takes place exclusively between the Buyer and the Seller through the Service made available to them by the Owner. The latter therefore only plays the role of an intermediary that puts these two parties in contact through the Service of Tilelook.com, as specified in section 5.4 ‘Purchasing Procedure’ below. Therefore, in no event shall the Owner be liable for any negative outcome of the sale that gives rise to claims for refunds or damages of any kind, as further specified in the following point 5.8 – Limitation of Liability and Indemnity

5.2 Product description

The Products displayed on Tilelook.com constitute a simple showcase available to the Buyer to facilitate the choice of the actual Products for which they wish to request a purchase offer from the Sellers. The representation of the Products displayed on Tilelook.com by any means (including, as the case may be, analytical data, graphic materials, images, colours, sounds) is therefore intended solely as a reference and does not imply any guarantee as to the characteristics of the Product that the Buyer will purchase from the Seller.

5.3 VAT and sales tax charges

The application of VAT and any other tax charge due by law on the sale is the responsibility of the Seller, who shall specify the amount to the Purchaser so as to make explicit the total amount due for the transaction (including goods and tax charges). This charge to be borne by the Seller also concerns the application of VAT/charges with reference to the Seller's and the Buyer's country of residence, such as the obligation to register with the VIES system for operators resident in the European Community.
The Buyer, for their part, is obliged to expressly request from the Seller the application of the aforementioned tax charges.
The Owner is therefore not liable in any way for the non-application or incorrect application of these items.

5.4 Purchasing procedure

The purchase procedure consists of the following steps:

• The Buyer enters his request for an offer through the appropriate section of Tilelook.com, indicating his name or company name and his postal and email address and, where possible, the quantity and specific characteristics of the Products requested. In doing so, the Buyer may check his choice, modify, add or remove items, as well as cancel the procedure altogether without any consequences. By confirming his request, the Buyer therefore declares his full and unreserved acceptance of what is set forth herein.
• Upon receipt of the Buyer's request, the Owner shall make it public in the special section (“Notice Board“) of Tilelook.com available to interested Sellers. This publication is made at the sole discretion of the Owner who has the right to:
• not publish requests that it does not consider suitable for the purposes of the service;
• differentiate, by selecting them, the requests to be shown to different sellers, who can then receive different requests in different quantities from each other.
• Each published request shall contain only partial details of the Buyer, i.e.: name or company name, city, postcode and country of origin, as well as the Products requested and their quantity.

5.5 Rights of the User

5.5.1 Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract with the Seller within the period specified below (normally 14 days) for any reason and without justification.
Where applicable, the right of withdrawal from contracts concluded with Sellers through Tilelook.com is subject to the conditions and definitions indicated by each Seller on Tilelook.com, as provided by the provisions of the Consumer Code, as applicable.

5.5.2 Legal warranty of conformity of the Product

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years after delivery. Therefore, the Seller is obliged to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer. If the User acts as a European Consumer, the legal guarantee of conformity of goods applies to items purchased on Tilelook.com in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant the User more extensive rights.
Consumers who are not acting as European Consumers may have conformity warranty rights under the laws of the country in which they usually reside.

5.6 Limitation of liability and indemnity

5.6.1 Release

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees from any claim or demand - including, without limitation, legal fees and expenses - made by any third party due to or in connection with negligent conduct such as the use of or connection to the service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners and employees, to the extent permitted by law.

5.6.2 Limitation of liability for User activity on Tilelook.com

Unless otherwise stated and subject to the applicable provisions of law relating to product liability, all claims for damages against the Owner (or any natural or legal person acting on its behalf) are excluded.
The foregoing does not limit the liability of the Owner for death, personal injury or damage to physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damage caused by wilful misconduct or gross negligence, provided that the use of Tilelook.com by the User was appropriate and correct.
Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Owner shall only be liable to the extent of the damage that is typical for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits set out above, the Owner assumes no liability for:

• any loss of earnings or other losses, including indirect losses, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenue, profit or anticipated savings, loss of contractual or business relationships, loss of goodwill or damage to reputation, etc.);
• damages or losses resulting from interruptions or malfunctions of tilelook.com due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and out of the control of the Owner, such as, but not limited to, failures or interruptions of telephone or power lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties;
• any losses that are not the direct result of a breach of the Terms by the Owner;

Notwithstanding the foregoing, the following limitations apply to all Users not acting as Consumers.
In the event of liability on the part of the Owner, the compensation due may not exceed the total amount of payments that have been, will be or may be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, whichever is shorter.

5.7 Publication of reviews

Both the Buyer and the Seller accept and authorise the Owner to collect and publish on Tilelook.com all reviews on the sales concluded, that is the opinions produced by the Buyers regarding the quality of the goods and service received from the respective Sellers. However, the Owner reserves the right to publish only those reviews that do not contain content that is explicitly offensive or in any case not permitted by the applicable legal provisions.

6. Common provisions

6.1 No implied waiver

The Owner's failure to exercise any legal right or claim arising from these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive in respect of a specific right or any other right.

6.2 Interruption of Service

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other change, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can retrieve their Personal Data and information in accordance with the provisions of the law.
In addition, the Service may not be available for reasons beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).

6.3 Resale of the Service

Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit Tilelook.com or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate resale programme.

6.4 Privacy Policy

Information on the processing of Personal Data is contained in the privacy policy of tilelook.com.

6.5 Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyright, trademarks, patents and models relating to Tilelook.com are held exclusively by the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.
All trademarks - whether word or figurative - and any other distinguishing marks, companies, service marks, illustrations, images or logos that appear in connection with tilelook.com are and remain the exclusive property of the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.

6.6 Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users.
The changes will only affect the relationship with the User for the future and will not apply retrospectively.
Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party withdrawing from the Agreement.
The previous applicable version continues to govern the relationship until acceptance by the User. This version may be requested from the Owner.
Any changes to these Terms shall be communicated in writing at least one month before they become effective. If the User does not accept the modified Terms, he shall be entitled to withdraw from the Agreement without prejudice and without any right to compensation within four months from the date on which the modification of the Terms became effective.
If required by applicable law, the Owner will specify the date by which changes to the Terms will take effect.

6.7 Assignment of contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions relating to the amendment of these Terms shall apply.
The User is not authorised to assign or transfer its rights and obligations under the Terms without the written consent of the Owner.

6.8 Contacts

All communications relating to the use of Tilelook.com should be sent to the addresses indicated in this document.

6.9 Safeguard clause

Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the invalidity of the remaining provisions, which shall therefore remain valid and effective.

6.10 Binding version of the Terms

The Terms are drafted and revised in English. Other language versions of the Terms are for informational purposes only. In the event of any discrepancy between the different language versions, the original shall prevail.

6.11 Applicable law

The Terms shall be governed by the laws of Italy, that is the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict rules and except in the event that the regulations in favour of the Consumer provide for the application of a local law different from the Italian one.

6.12 Place of jurisdiction

The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the judicial authority of the following country: Tribunale Vicenza, Italy, unless otherwise provided for by the Consumer Code in favour of the User or by the laws that provide for an exclusive jurisdiction or competence of the place where the User, as a Consumer, resides.

7. Definitions and legal references

The meaning of salient expressions used in this document is clarified below:

• Tilelook.com (or this Application): the structure that enables the provision of the Service.
• Agreement: any legally binding or contractual relationship between the Owner and the User governed by the Terms.
• Commercial User: any User who does not meet the definition of a Consumer.
• Buyer: any User who purchases goods or services from a Seller through Tilelook.com regardless of whether the transaction actually takes place on Tilelook.com.
• European (or Europe): defines a User physically present or legally established in the European Union, regardless of nationality.
• Owner: means the natural or legal person who provides Tilelook.com and/or offers the Service to Users.
• Product(s): a good or service available for purchase through Tilelook.com, such as tangible goods, digital files, software, services, etc. The sale of a Product may be part of the Service, as defined above.
• Seller: any User who sells goods or services to Buyers through Tilelook.com regardless of whether the transaction actually takes place on Tilelook.com.
• Service: the service offered through tilelook.com as described in these Terms and on Tilelook.com.
• Terms: all the conditions applicable to the use of Tilelook.com and/or the provision of the Service as described in this document as well as in any other document or agreement linked to it, in the most up-to-date version respectively.
• User: any natural person who uses Tilelook.com.
• Consumer: any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or professional activity.