GENERAL TERMS AND CONDITIONS
ESTABLISHED BY ASALIFT S.R.L. FOR THE PROVISION OF SERVICES THROUGH THE AMAUT MARKET ELECTRONIC PORTAL
1. General Provisions
1.1 These terms and conditions of sale (hereinafter, "GENERAL CONDITIONS") are provided by Asalift s.r.l., which owns the Amaut Market trademark, to its customers in a context of transparency and completeness and apply to all the ad placing services provided through the website www.amautmarket.com (hereinafter, "SITE").
1.2. These "GENERAL CONDITIONS" are in no way applicable for the purpose of regulating the sponsoring and sale of advertising space on the aforementioned SITE with respect to which reference should be made instead to any specific regulations.
1.3 Users are encouraged to refer to these general conditions before each visit to the SITE in view of the possibility that ASALIFT, being obliged to modify certain provisions, has altered the contractual parameters relevant to the recipient of the service.
1.4. The validation of any type of service implies the reading and tacit acceptance of the GENERAL CONDITIONS existing at that time. The distance use of ad placement services through the above SITE is therefore described in these GENERAL CONDITIONS and is restricted to natural or legal entities such as entrepreneurs, freelancers, etc., whether public or private, who place ads for purposes relating to their trade or business (hereinafter "PROFESSIONAL PERSONS" or "PROFESSIONAL PERSON").
1.5. The language available for executing the contract is Italian; for the sake of convenience the agreement comes translated in different languages such as English, French, German, Spanish and Portuguese.
1.6. Consumer protection regulations, including in particular Legislative Decree no.185 dated 1999 (distance contracts), Legislative Decree no. 50 dated 1992 (right of withdrawal) and articles 1469 bis and following articles of the Italian civil code shall not apply to relations between the Supplier and the USER publishing ads for purposes relating to work activities, whether of a business or commercial nature, and providing a VAT registration number.
1.7. The PROFESSIONAL PERSON is required to carefully read the GENERAL CONDITIONS which have been made available on the SITE at the address (specify link), in order to enable storage and reproduction by the USER pursuant to art. 12 of Legislative Decree no. 70 dated 9 April 2003. Contracts entered into with ASALIFT (as hereinafter defined and identified) through the SITE are governed by Italian law and in particular by Legislative Decree no. 206 dated 6 September 2005 (hereinafter "CONSUMER CODE") and by Legislative Decree no. 70 dated 9 April 2003, (hereinafter "ECOMMERCE DECREE").
2. Identification of service provider
2.1. The owner of the Amaut Market brand and the supplier of all the services available through the SITE is Asalift s.r.l., Tax Code – VAT reg. and Trade Register of Reggio Emilia no. 01635780354 REA RE - 201250 Registered Office: LUZZARA fraz.. Casoni (RE) VIA NEGRE 45 postal code 42045.
3. Type of services provided by the SITE
3.1. The website located at http://www.amautmarket.com is an "advertising portal dedicated to product vendors and service providers in the building trade" freely available to whosoever is prevalently involved in promoting the sale of building products , materials and services.
3.2. Information relating to goods and services for sale or hire available on the SITE is provided in accordance with Articles 52 and 53 of the CONSUMER CODE.
3.3. Together with said service Asalift reserves the right to provide any advertising space to allow the sponsoring and promotion of products and businesses through specific paid advertising banners. Asalift reserves the right to post advertisements of any kind and other promotional materials on all the pages of the SITE, including the pages that contain USER ads.
3.4. By accepting these conditions, the USER agrees that Asalift may publish banners and ads for products relevant to those forming the subject of the ad and that such sponsorships can appear near their ads resulting in direct competition with them.
3.5. Each type of ad service offered by Asalift and published on the Amaut Market portal is subject to specific regulation within these GENERAL CONDITIONS.
3.6. In any case it should be noted from the outset that it is in no way possible, through the SITE, to implement a contract between the USER and the persons interested in the goods and services offered for sale or rent as well as in the products being sponsored. Asalift is not and shall not under any circumstances be deemed a mediator, broker or party with respect to the negotiation and to any contract made between the USER and the persons interested in the services and products being sponsored.
3.7. Asalift is the mere owner of the SITE identified at www.amautmarket.com through which users can publish their own ads or buy banners to advertise goods and products.
3.8. THE USER agrees that ASALIFT may choose, at its own discretion, to provide the advertising services indicated in the contract between the parties, directly or through third-party channels such as websites, search engines or portals managed by others. To this end, with the acceptance of these conditions, the USER authorizes ASALIFT to communicate information and data provided during registration as well as ads and additional material made available on the SITE in accordance with services rendered to the USER through the above third parties.
4. Use of services by SITE users
4.1. The SITE is organized as an online indexed ad portal, having as its purpose the offer for sale of goods and materials, or the rental of vehicles and/or machinery, the provision of services, between entrepreneurs and private individuals, and can be freely referred to by anyone accessing the world wide web without the need for preliminary identification.
4.2. The USER has the opportunity to use the ad services offered by ASALIFT through the AMAUT MARKET web portal only after registration by means of the creation of a specific profile.
5. Regulations for reference to and publication of ads
5.1. The party which, after referring to the database, intends contacting the advert contact, may send a message via the management system or use the data provided by the contact and published under its sole responsibility inside the ad.
5.2. ASALIFT enables USERS who proceed to register on the SITE to place ads for materials and goods offered for sale, machinery and/or vehicles offered for rental, services with a maximum of 6 images and 3 videos for each offer.
5.3. The adverts, once published, will be added to the database of the SITE (hereinafter the "DATABASE"), in order to make them visible and reachable by logging onto the world wide web through a potential buyer search system.
5.4. The USER is also given the chance to manage, enter, edit, and remove such ads; all this through a personal area (hereinafter referred to as "PERSONAL AREA") made available directly on the AMAUT MARKET portal.
5.5. As already stated in paragraph 4, in order to access the PERSONAL AREA and benefit from the services provided by the SITE, the USER is obliged to make a preliminary registration and provide certain general details besides specifying whether he/she is an entrepreneur/trader. Once such registration procedure has been completed, the USER will obtain from the system a user ID and a password to access his/her account and the related PERSONAL AREA.
6. Execution of contract
6.1. The ad service contract will be deemed executed between the parties and accepted in the entirety of all its terms only after the USER, subject to mandatory inclusion of personal data necessary for identification, including PROFESSIONAL qualification and of additional data (e.g., Tax Code, VAT no., date and place of birth, residence and/or domicile) needed to properly fulfil any tax obligations relating to any ad payment and finally of personal data ( phone number, mobile phone, email) in order to enable the receipt of information about the status of the publication of the adverts and make it possible to promptly proceed with the timely cancellation or amendment of same, and after affixing, by pressing the mouse button, the appropriate flag on the box certifying that the general conditions, restrictive clauses and laws on the processing of personal data have been read, he/she shall confirm by clicking with the mouse on the specific confirmation button.
6.2. Only once the contract has been created will the PERSONAL AREA and the relative USER PROFILE linked to completed registration be created and will the USER be provided with his/her user ID and password assigned by the SITE system at the addresses indicated.
6.3. The processing of data provided during registration is carried out by AMAUT MARKET in compliance with privacy regulations to which reference can be made beforehand by referring to the privacy policy, made available on the home page of the SITE and at the following link (specify address).
7. Responsibilities of the User as regards the truthfulness and accuracy of entered data
7.1. Only the PROFESSIONAL PERSON who registers on the site is responsible for the accuracy and the correct entering of the data required for registration and consequently the SUPPLIER of the services is in no way responsible for the truthfulness of the identification data entered by users for the purpose of creating their profiles.
7.2. The USER shall be responsible for promptly notifying ASALIFT of any changes to its data with respect to those indicated at the time of the original registration and to those subsequently disclosed during the contract period. In the absence of prompt notice in this respect, any use by ASALIFT of the original data shall in any case be deemed valid and productive of effects with respect to the latter.
8. Access to the personal area and creation of ads
8.1. Once registration has been made, the USER can access the PERSONAL AREA by entering the ID and password provided by the SITE, and proceed with the creation of one or more ads by filling in the form provided directly online, following the step-by-step instructions.
8.2. Once the creation procedure has been completed, the USER must perform the ad sending procedure and again confirm that it has read the GENERAL CONDITIONS, that it accepts the restrictive clauses and that it has read the Privacy Policy. Only after affixing the appropriate flag on the boxes confirming the above requirements, will the USER be able to access the "Post Ad" option.
8.3. Before forwarding the ad request, the USER will have the opportunity to correct any data-entering errors, following the appropriate amendment procedure contained in the SITE and will also be entitled to change the number of images it intends attaching to the ad, and to add or delete any additional information beyond the minimum required for the creation of the ad. By sending the ad, the USER recognizes and declares that it has read all the instructions provided during the creation process and that it accepts the GENERAL CONDITIONS.
8.4. Upon receipt of the ad request, the SITE will contact the PRIVATE INDIVIDUAL or PROFESSIONAL PERSON by email at the address provided during registration, to notify confirmation of publication of the ad, summarizing the contents of same, the reference address, the price and the characteristics of the offer forming the subject of the ad and the indicated payment conditions, allowing the USER to immediately verify the published ad.
8.5. ASALIFT reserves the right to evaluate the acceptance or rejection of ad requests. By way of example only, reference can be made to such faculty in art. 11 below.
8.6. ASALIFT will notify the USER of any inability to accept the ad request within 30 days from the day following that on which the publication request was sent.
9. Management and requirements of the advert contents
9.1. The Supplier, within the limits of the subject and purpose of the contract between the parties being configured by registration on the SITE, grants the USER the non-exclusive, non-transferable right, limited to the duration of the contract and without the right to grant sub-licenses, to use the SITE for the publication of the Contents and the data concerning the USER itself. The USER undertakes not to use the SITE and the PERSONAL AREA in any other way and for any other purposes and, in particular, to refrain from:
- accessing the database, data or Contents by means of application programs of third parties or in any case different from those by means of which AMAUT MARKET has enabled it by using the password and the identification code;
- disclosing its own identification code or password to third parties;
- reproducing, manipulating, copying, distributing and using in any way any contents of the database other than the Contents, including through other websites or other media;
- using the Contents of adverts published by other USERS (such as photographs, telephone contacts, addresses etc. etc.) in their ads;
- using or publishing the Contents through third-party sites using links between these and the SITE or displaying distinctive marks or identification data of ASALIFT and AMAUT MARKET.
9.2. For each case of infringement (intentional or negligent) of the obligations under this clause, the contract shall be deemed lawfully terminated pursuant to art. 1465 Italian civil code. and the USER shall pay ASALIFT a penalty of € 10,000.00 (ten thousand Euros/00 cents) always without prejudice to ASALIFT’s entitlement to claim compensation for additional damages suffered and to obtain an injunction or emergency measures against the USER .
9.3. The USER hereby undertakes to indemnify ASALIFT and hold it harmless from all claims by third parties made against ASALIFT due to the violation of the obligations under this clause.
9.4. The USER shall publish, manage, edit, insert and remove the Contents, independently performing all the procedures necessary for this purpose through its PERSONAL AREA and may independently correct any entry errors.
9.5. The USER undertakes, with respect to ASALIFT, to keep an updated copy of the Contents, howsoever provided to the latter in the fulfilment of the contract between the parties.
ASALIFT has no obligation to keep the Contents.
9.6. The Contents sent to ASALIFT shall be updated, truthful in form and substance, reliable and compliant as hereinafter provided.
9.7. The USER is explicitly forbidden from including in the Contents:
- unlawful, untruthful or fictitious ads;
- ads that contain partial or full reproduction of material unmistakably attributable to other USERS and their respective ads;
- non-serious ads;
- ads relating to adverts for products and services other than those specifically concerning the scope of the SITE;
- ads groundlessly attributed to non-professional users;
- ads with details of erroneous or misleading or deceptive prices;
- ads with details of partial prices or different from their full amount;
- ads with prices that do not already include VAT for goods and/or services the sale or rentals of which are subject to VAT
- images of the goods or services to be published in electronic format other than ".GIF", "PNG" or ".JPG."
9.8. The advert of the USER published through the SITE must truthfully and reliably indicate all the information required by AMAUT MARKET in the specific USER page. Any fault or defect in the product or service offered, which appreciably reduces its utility or value, must be truthfully and reliably indicated.
9.9. Indicating a phone number will not be allowed which, directly or indirectly, might result in unnecessarily onerous charges, such as, by way of example only, a number which has the prefix "199" or international codes, unless the actual headquarters of the owner of the ad is located abroad.
9.10. The publication will not be allowed of ads in the name and on behalf of third parties without their prior written consent. In particular, indicating the personal data of third parties (such as, for example, phone numbers and addresses) will not be allowed without their consent.
9.11. In the field dedicated to vehicle photographs, the publication will not be allowed of images that are not in any way related to the goods and/or services offered by the USER.
9.12. Also explicitly forbidden is the publishing of photographic material and videos taken from ads previously published on the SITE by other USERS. The USER shall be entitled to publish in the SITE only images, assets subject to intellectual property or patent rights, logos, insignia and other distinctive signs of the company which the USER is authorized to use and which do not infringe the patent or intellectual property rights or rights to distinctive marks of a third party company. Furthermore, the images shall not have a content which is misleading or detrimental to the honour, the decorum or the dignity of anyone and shall reproduce as reliably as possible the state of the goods and/or services at the time of the offer. In the event of the USER publishing images taken from a catalogue, a magazine, or from a website, this shall be clearly indicated.
10. Confirmation of receipt of the ad order and cancellation of same
10.1. In compliance with the provisions of art. 53 of the CONSUMER CODE, the USER, at the time of sending the draft of the ad forming the subject of the contract, will receive by email a written confirmation of the publication of its draft of advert containing a summary of the essential characteristics of the ad, its price, the amount paid, the existence for private individuals only and not for PROFESSIONAL PERSONS of the right of withdrawal - with indication of the terms and conditions for exercising same – the geographical address to which to send complaints and information on assistance services and existing guarantees, and the GENERAL CONDITIONS.
10.2. In the time needed to complete the financial transactions indicated in the above paragraph, ASALIFT reserves the right not to publish the ad online in the event of its having determined the non-compliance of same with the content requirements expressly indicated in the following clause.
10.3. If ASALIFT has reasonable grounds to believe that the PROFESSIONAL PERSON is not operating according to a real and genuine interest in the publication of adverts and trade in vehicles entered therein, or is abusively exercising the right of withdrawal granted under article 14 below, the publication order sent by the USER shall be deemed ineffective. ASALIFT shall send to the USER, by email, a notice informing of the non-publication of the advert, and shall also cancel any debit and/or charge against it.
11. Obscuring of contents or access, other penalties
11.1. The entering of the Contents by the USER in the DATABANK, as well as their publication and accessibility in the SITE are subject to the discretionary evaluation of ASALIFT.
11.2. ASALIFT reserves the right to obscure such Contents and block access to the SITE by the USER if it deems at its sole discretion that:
- the ads do not comply with the provisions of the "Requirements of the ad contents" as expressly regulated in Clause 9,
- there are grounds to fear that the ads may be illegal, untruthful or fictitious,
- they contain a larger number of ads than the maximum agreed,
- ASALIFT considers that a third party is using the ID and password of the USER,
- the USER uses the DATABASE illegally or in any manner or for any purpose other than contractual,
- the USER appears not to have paid the fees due to ASALIFT according to the terms of clause 13,
- the Contents are contested by third parties and there is a risk of legal action and/or prejudices to ASALIFT or other entities.
11.3. ASALIFT shall promptly notify in writing to the USER the measures taken as a result of these violations, and reserves the right to ask the USER to pay a contribution to be determined in proportion to the problems caused by failure to comply with the requirements of clause 9, and in any case not in excess of € 250.00 (two hundred and fifty euros) for the possible reactivation of access by the USER.
11.4. If after the reactivation of the profile, the USER again violates the provisions of this clause 11, ASALIFT shall be entitled to terminate the contract in accordance with art. 1456 Italian civil code and also adopt the additional measures provided for in the above clause.
11.5. In the event of termination of the contract by the Supplier for these repeated violations by
the USER, ASALIFT shall be entitled to demand payment as a penalty of the sum of € 1,000.00 (one thousand euros), without prejudice to the right to claim damages.
12. Disclaimer of liability and indemnity
12.1. ASALIFT is the provider of a service for the transmission and temporary storage of data and, as such, does not act as a mediator or representative of the USER or, in any case, on behalf of the latter.
12.2. Pursuant to and for the purposes of Article 17 of Legislative Decree no. 70/2003, ASALIFT is not subject to any obligation to monitor the transmitted or stored information, nor to any obligation to actively investigate facts or circumstances indicating illegal activities.
12.3. The USER shall always be deemed the sole party responsible for the legality, truthfulness and reliability of the Contents of the advertisements and of the data entered by the USER at the time of registration.
12.4. ASALIFT is forthwith exempted from any liability, direct or indirect, in relation to the contents posted by users even when these have been, for whatever reason, implemented, removed or obscured by it, as well as from any liability, direct and indirect, regarding any interruption of the SERVICES due to causes unrelated to the conduct of ASALIFT.
12.5. ASALIFT shall also be exempted from any responsibility resulting from any discrepancies between the images of the published goods or services and the actual appearance and state of the goods or service covered by the image, including any differences in colour and/or kind of goods forming the subject of the advert.
12.6. The USER shall indemnify ASALIFT and hold it harmless from any prejudice it might suffer as a consequence of the publication of the Contents, as well as the use by the USER of the SITE, the Database of AMAUT MARKET, the USER, the Services and any other service supplied to it, and as a result of the violation of rights of third parties.
12.7. In particular, the USER expressly holds ASALIFT harmless from any form of spam or any use of the references of holders of ads entered by them.
12.8. ASALIFT disclaims all liability for malfunctions, service outages, and drops in performance, whether due or not to force majeure or unforeseeable circumstances, unless they are directly attributable to ASALIFT following its wilful misconduct or gross negligence.
12.9. the USER acknowledges and accepts that the acquisition of advert proposals by ASALIFT through the SITE may be suspended during periods of closure.
12.10. Following the loss of the Contents due to the fault of ASALIFT, the latter, given the USER’s retention obligation as indicated in clause 9, shall only be obliged to restore the Contents that the USER has provided in copy after the inconvenience.
12.11. Personal information such as personal data, tax code, VAT number and so on, are provided by the professional person under its sole responsibility.
12.12. ASALIFT disclaims any charges made against it because of any false statements that may be made by SITE users at the time of registration and purchase of the marketed products.
13.12. Whenever ASALIFT is certain that the information provided by any type of client at the time of registration does not correspond to the truth, it reserves the right to report such conduct to the competent authorities.
13. Prices and terms of payment
13.1. The ad service offered by ASALIFT through the AMAUT MARKET brand web portal to PROFESSIONAL PERSONS will be free of charge for the first 30 days of registration.
13.2. Before the end of that period ASALIFT will contact the PROFESSIONAL PERSON by means of the details provided by it during registration and shall inform that to continue the use of the ad service, the payment of a subscription fee is required.
13.3. The subscription shall last for 12 months calculated with effect from the first day of the month following the month in which payment is made.
13.4. The price of the annual fee is published in the SITE in the special service costs section, available at the following link (enter address).
13.5. Any change in the fee will be effective with respect to the USER only at the time of renewal.
13.6. Pursuant to Article 56 of the Consumer Code, the USER may pay the annual fee for the ad services by credit card or paypal.
13.7. Payments by means of the following credit cards are accepted: XXXXXXXXXXXXX and cards issued by major transaction circuits.
13.8. The transaction will be charged to the USER according to the selected procedure only after: a) the company which manages the online service of the circuit of the provided credit card has taken steps to verify the data of same, b) debit authorization has been received from the company issuing the credit card used.
13.9. In the event, for any reason whatsoever, of the payment of the amounts owed by the USER being impossible, ASALIFT will proceed to cancel the transaction and the publication will be automatically cancelled.
10.13. Shortly before the subscription expiry date, ASALIFT will send the USER an email message to the address provided during registration, indicating the tariff required to renew the subscription for a further 12 months and also indicating how to proceed with renewal.
13.11. Failure to renew the subscription will result in the suspension of the user account and the deletion of all ads from the SITE.
14. Right of withdrawal
14.1. Pursuant to the combined provisions of article 64 and following articles of the CONSUMER CODE (Legislative Decree 2005/206) and the provisions of the Legislative Decree no. 21 dated 21 February 2014, the CUSTOMER is entitled to withdraw from the contract for any reason, without explanation and without any penalty. Such right may not be exercised in relation to the categories of goods and services expressly specified in article 59 of Legislative decree no. 21 dated 21 February 2014.
14.2. The USER states its consent to carry out the services of ASALIFT through the web portal named under the wording and brand AMAUT MARKET consisting in the provision of digital content by means of a non-material medium and for these reasons, the right of withdrawal is to be ruled out due to the provisions of art. 59, letter o), Legislative Decree no. 21 dated 21 February, 2014.
14.3. The USER’s right is always reserved to independently remove its ad and cancel its account by accessing the PERSONAL AREA.
14.4. Without prejudice to the provisions of the preceding paragraph, in case of need, the USER, within 14 (fourteen) days from the date of execution of the contract, shall be entitled to withdraw from the contract executed with ASALIFT, without giving any reason, by means of an unequivocal statement, sent by registered letter with recorded delivery, to Asalift s.r.l. Via Negre 45 Postal code 42045 LUZZARA fraz. Casoni (RE). To this end, the USER can use - not mandatorily - the attached withdrawal form indicated on annex I, part B of Legislative Decree. no. 21 dated 2014, implementing Directive 2011/83/EU.
14.5. To meet the withdrawal deadline, suffice it that the USER send the notice concerning the exercising of the right of withdrawal before the withdrawal period expiry date.
15. Errors
15.1. The information and contents relating to the ads on the SITE are constantly updated; the complete absence of errors cannot however be guaranteed.
15.2. ASALIFT reserves the right to correct any errors, inaccuracies or omissions even after an ad order has been sent, and also to change or update information at any time without prior notice.
15.3. The USER shall always be entitled to report any errors or inconsistencies on the online ad portal through its PERSONAL AREA or by sending an email to the address (indicate a specific address for error reports), by entering expressly in the caption the wording “ERROR REPORT” and correctly specifying the ad to which the error refers.
16 Guarantees
16.1. ASALIFT guarantee the availability of the database for at least XX% (XXXX percent) of the calendar year.
16.2. By "availability" is meant the possibility that Contents may be included in the database and accessible through the SITE by potential customers of the USER.
16.3. It remains understood that excluded from the period of availability shall be deemed system maintenance, downtime needed for the so-called "back-up off-line" within a reasonable time, as well as interruptions caused by situations of force majeure or other causes beyond the control of ASALIFT, such as, for example, but not limited to, the emergency measures taken to prevent spreading viruses.
16.4. If possible, ASALIFT will notify the USER in advance of any service interruption.
16.5. ASALIFT does not in any way guarantee either a minimum number of hits from visitors to the USER, or the success of the offers and advertisements of the USER published on the SITE.
17 User's liability and indemnity
17.1. The Contents must comply with the "Requirements for the Contents of offers and advertisements", as indicated in the above clauses 8 and 9 and with the rights of third parties (such as, without limitation, copyrights, trademarks and de facto and legal rights to other distinctive marks), and be such as not to discredit or prejudice the reputation of ASALIFT, of the AMAUT MARKET brand and of other users and third parties.
17.2. The USER agrees to indemnify ASALIFT and hold it harmless from all claims by third parties arising from breach of obligations and to compensate for any damage caused by ASALIFT due to such breaches, including legal fees incurred.
18. Personal data management and use of cookies
18.1. The personal data provided by the USER under its sole responsibility during SITE service registration are gathered, processed and used in order to perform the aforementioned registration and allow the exercising of the business activity (order processing, billing, etc. ) and will in no case be transferred to third parties without the express permission of the owner, in full compliance with current regulations.
18.2. Data processing is performed using electronic media, by specifically authorized individuals.
18.3. The data are stored in computer files to which the minimum security measures are applied provided by the legislature.
18.4. The USER is entitled at any time to access the data concerning it, to update, amend and supplement the data and, more generally, to exercise its rights under Article 7 of Legislative Decree 196/03.
18.5. The CUSTOMER and the PROFESSIONAL PERSON shall be entitled, at any time, to oppose, in whole or in part, the processing of their data and ask for them to be deleted. The Controller of the gathering and processing of personal data is ASALIFT in the person of its pro-tempore legal representative.
18.6. For further details regarding the processing of personal data, reference should be made to the specific area of the SITE dedicated to the Privacy Policy (provide links).
18.7. Amaut Market uses cookies and similar technologies to ensure the proper functioning of procedures and improve the browsing experience. In order to understand in detail the types of cookies and the methodology used by the SITE, the user is invited to read the Cookies Policy specification (provide links).
18.8. The DATABASE of the AMAUT MARKET web portal integrates a search engine that allows the USER to work with the published contents in order to obtain the search results for the sought variables, or be able to contact potential vehicle bidders through contact forms or contact data left by the advertiser.
18.9. The entering of personal data such as address, telephone number, etc. inside an ad is done by the USER under its sole responsibility. The USER holds ASALIFT totally harmless as regards any liability for the violation of privacy that could result from entering personal data in the ad.
18.10. Potential customers and people interested in the USER’s ads who have Internet access can take and download the contents published on the SITE free of charge.
18.11. Any use of the Contents by ASALIFT is made in compliance with Legislative Decree. no. 196 dated 30 June 2003 ("Law on the protection of personal data"), as amended, as well as with the Information Leaflet on the Protection of Personal Data " provided to the USER.
19. Intellectual Property
19.1. The Contents are protected in accordance with the regulations on exclusive patent and intellectual property rights, where applicable - for example, texts, commercials, trademarks and in fact, to corporate names, logos, etc.
19.2. All intellectual property rights, trademarks, copyrights, logos and models remain the sole property of the respective manufacturers of whatever promoted by the AMAUT MARKET on the SITE.
20. Language of the contract, applicable law and delegation of jurisdiction
20.1. The language available for executing the contract is Italian; for the sake of convenience the agreement comes translated in different languages such as English, French, German, Spanish and Portuguese.
20.2. These GENERAL CONDITIONS are governed by Italian law and shall be construed in accordance with Italian laws.
20.3. Disputes arising from the construal, validity and/or execution of these GENERAL CONDITIONS shall be referred solely to the Law Court of Reggio Emilia.
21. Contacts
21.1. For more details please write to the following email address: (indicate specific address for contact) or consult the appropriate contact section of the SITE.
22. Restrictive clauses
22.1. Pursuant to and for the purposes set out in articles 1341 and 1342 of the Italian Civil Code the clauses of these General Conditions identified in articles. 1. General Provisions (1.3, 1.4, 1.5, 1.6, 1.7); 3. type of services offered by the SITE (3.4, 3.7, 3.8); 4. use of the services by site users (4.2); 5. Regulations for reference to and publication of ads (5.1, 5.5); 6. execution of the contract (6.1, 6.2, 6.3); 7. Responsibilities of the User as regards the truthfulness and accuracy of the entered data (7.1, 7.2); 8. Access to the personal area and the creation of ads (8.2, 8.5, 8.6); 9. Management and requirements of the advert contents (9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 9.11, 9.12); 10. Confirmation of receipt of the ad order and cancellation of same (10.3); 11. Obscuring of contents or access, other penalties (11.1, 11.2, 11.3, 11.4, 11.5); 12. Disclaimer of liability and indemnity (12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.9, 10.12, 12.11, 12.12, 12.13); 13. Prices and terms of payment (13.8, 13.9, 13.10, 13.11); 14. Right of withdrawal (14.1, 14.2, 14.3, 14.4, 14.5); 15. Errors (15.1, 15.2, 15.3); 16 Guarantees (16.1, 16.3, 16.4, 16.5); 17 User's liability and indemnity (17.1, 17.2); 18. Personal data management and use of cookies (18.1, 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 18.8, 18.9, 18.10, 18.11); 19. Intellectual property (19.2); 20. Language of the contract, applicable law and delegation of jurisdiction (20.1, 20.2, 20.3) are of a restrictive nature and consequently, for purposes of the execution on the aforementioned contract the user declares having read them and expressly accepting them.
1. General Provisions
1.1 These terms and conditions of sale (hereinafter, "GENERAL CONDITIONS") are provided by Asalift s.r.l., which owns the Amaut Market trademark, to its customers in a context of transparency and completeness and apply to all the ad placing services provided through the website www.amautmarket.com (hereinafter, "SITE").
1.2. These "GENERAL CONDITIONS" are in no way applicable for the purpose of regulating the sponsoring and sale of advertising space on the aforementioned SITE with respect to which reference should be made instead to any specific regulations.
1.3 Users are encouraged to refer to these general conditions before each visit to the SITE in view of the possibility that ASALIFT, being obliged to modify certain provisions, has altered the contractual parameters relevant to the recipient of the service.
1.4. The validation of any type of service implies the reading and tacit acceptance of the GENERAL CONDITIONS existing at that time. The distance use of ad placement services through the above SITE is therefore described in these GENERAL CONDITIONS and is restricted to natural or legal entities such as entrepreneurs, freelancers, etc., whether public or private, who place ads for purposes relating to their trade or business (hereinafter "PROFESSIONAL PERSONS" or "PROFESSIONAL PERSON").
1.5. The language available for executing the contract is Italian; for the sake of convenience the agreement comes translated in different languages such as English, French, German, Spanish and Portuguese.
1.6. Consumer protection regulations, including in particular Legislative Decree no.185 dated 1999 (distance contracts), Legislative Decree no. 50 dated 1992 (right of withdrawal) and articles 1469 bis and following articles of the Italian civil code shall not apply to relations between the Supplier and the USER publishing ads for purposes relating to work activities, whether of a business or commercial nature, and providing a VAT registration number.
1.7. The PROFESSIONAL PERSON is required to carefully read the GENERAL CONDITIONS which have been made available on the SITE at the address (specify link), in order to enable storage and reproduction by the USER pursuant to art. 12 of Legislative Decree no. 70 dated 9 April 2003. Contracts entered into with ASALIFT (as hereinafter defined and identified) through the SITE are governed by Italian law and in particular by Legislative Decree no. 206 dated 6 September 2005 (hereinafter "CONSUMER CODE") and by Legislative Decree no. 70 dated 9 April 2003, (hereinafter "ECOMMERCE DECREE").
2. Identification of service provider
2.1. The owner of the Amaut Market brand and the supplier of all the services available through the SITE is Asalift s.r.l., Tax Code – VAT reg. and Trade Register of Reggio Emilia no. 01635780354 REA RE - 201250 Registered Office: LUZZARA fraz.. Casoni (RE) VIA NEGRE 45 postal code 42045.
3. Type of services provided by the SITE
3.1. The website located at http://www.amautmarket.com is an "advertising portal dedicated to product vendors and service providers in the building trade" freely available to whosoever is prevalently involved in promoting the sale of building products , materials and services.
3.2. Information relating to goods and services for sale or hire available on the SITE is provided in accordance with Articles 52 and 53 of the CONSUMER CODE.
3.3. Together with said service Asalift reserves the right to provide any advertising space to allow the sponsoring and promotion of products and businesses through specific paid advertising banners. Asalift reserves the right to post advertisements of any kind and other promotional materials on all the pages of the SITE, including the pages that contain USER ads.
3.4. By accepting these conditions, the USER agrees that Asalift may publish banners and ads for products relevant to those forming the subject of the ad and that such sponsorships can appear near their ads resulting in direct competition with them.
3.5. Each type of ad service offered by Asalift and published on the Amaut Market portal is subject to specific regulation within these GENERAL CONDITIONS.
3.6. In any case it should be noted from the outset that it is in no way possible, through the SITE, to implement a contract between the USER and the persons interested in the goods and services offered for sale or rent as well as in the products being sponsored. Asalift is not and shall not under any circumstances be deemed a mediator, broker or party with respect to the negotiation and to any contract made between the USER and the persons interested in the services and products being sponsored.
3.7. Asalift is the mere owner of the SITE identified at www.amautmarket.com through which users can publish their own ads or buy banners to advertise goods and products.
3.8. THE USER agrees that ASALIFT may choose, at its own discretion, to provide the advertising services indicated in the contract between the parties, directly or through third-party channels such as websites, search engines or portals managed by others. To this end, with the acceptance of these conditions, the USER authorizes ASALIFT to communicate information and data provided during registration as well as ads and additional material made available on the SITE in accordance with services rendered to the USER through the above third parties.
4. Use of services by SITE users
4.1. The SITE is organized as an online indexed ad portal, having as its purpose the offer for sale of goods and materials, or the rental of vehicles and/or machinery, the provision of services, between entrepreneurs and private individuals, and can be freely referred to by anyone accessing the world wide web without the need for preliminary identification.
4.2. The USER has the opportunity to use the ad services offered by ASALIFT through the AMAUT MARKET web portal only after registration by means of the creation of a specific profile.
5. Regulations for reference to and publication of ads
5.1. The party which, after referring to the database, intends contacting the advert contact, may send a message via the management system or use the data provided by the contact and published under its sole responsibility inside the ad.
5.2. ASALIFT enables USERS who proceed to register on the SITE to place ads for materials and goods offered for sale, machinery and/or vehicles offered for rental, services with a maximum of 6 images and 3 videos for each offer.
5.3. The adverts, once published, will be added to the database of the SITE (hereinafter the "DATABASE"), in order to make them visible and reachable by logging onto the world wide web through a potential buyer search system.
5.4. The USER is also given the chance to manage, enter, edit, and remove such ads; all this through a personal area (hereinafter referred to as "PERSONAL AREA") made available directly on the AMAUT MARKET portal.
5.5. As already stated in paragraph 4, in order to access the PERSONAL AREA and benefit from the services provided by the SITE, the USER is obliged to make a preliminary registration and provide certain general details besides specifying whether he/she is an entrepreneur/trader. Once such registration procedure has been completed, the USER will obtain from the system a user ID and a password to access his/her account and the related PERSONAL AREA.
6. Execution of contract
6.1. The ad service contract will be deemed executed between the parties and accepted in the entirety of all its terms only after the USER, subject to mandatory inclusion of personal data necessary for identification, including PROFESSIONAL qualification and of additional data (e.g., Tax Code, VAT no., date and place of birth, residence and/or domicile) needed to properly fulfil any tax obligations relating to any ad payment and finally of personal data ( phone number, mobile phone, email) in order to enable the receipt of information about the status of the publication of the adverts and make it possible to promptly proceed with the timely cancellation or amendment of same, and after affixing, by pressing the mouse button, the appropriate flag on the box certifying that the general conditions, restrictive clauses and laws on the processing of personal data have been read, he/she shall confirm by clicking with the mouse on the specific confirmation button.
6.2. Only once the contract has been created will the PERSONAL AREA and the relative USER PROFILE linked to completed registration be created and will the USER be provided with his/her user ID and password assigned by the SITE system at the addresses indicated.
6.3. The processing of data provided during registration is carried out by AMAUT MARKET in compliance with privacy regulations to which reference can be made beforehand by referring to the privacy policy, made available on the home page of the SITE and at the following link (specify address).
7. Responsibilities of the User as regards the truthfulness and accuracy of entered data
7.1. Only the PROFESSIONAL PERSON who registers on the site is responsible for the accuracy and the correct entering of the data required for registration and consequently the SUPPLIER of the services is in no way responsible for the truthfulness of the identification data entered by users for the purpose of creating their profiles.
7.2. The USER shall be responsible for promptly notifying ASALIFT of any changes to its data with respect to those indicated at the time of the original registration and to those subsequently disclosed during the contract period. In the absence of prompt notice in this respect, any use by ASALIFT of the original data shall in any case be deemed valid and productive of effects with respect to the latter.
8. Access to the personal area and creation of ads
8.1. Once registration has been made, the USER can access the PERSONAL AREA by entering the ID and password provided by the SITE, and proceed with the creation of one or more ads by filling in the form provided directly online, following the step-by-step instructions.
8.2. Once the creation procedure has been completed, the USER must perform the ad sending procedure and again confirm that it has read the GENERAL CONDITIONS, that it accepts the restrictive clauses and that it has read the Privacy Policy. Only after affixing the appropriate flag on the boxes confirming the above requirements, will the USER be able to access the "Post Ad" option.
8.3. Before forwarding the ad request, the USER will have the opportunity to correct any data-entering errors, following the appropriate amendment procedure contained in the SITE and will also be entitled to change the number of images it intends attaching to the ad, and to add or delete any additional information beyond the minimum required for the creation of the ad. By sending the ad, the USER recognizes and declares that it has read all the instructions provided during the creation process and that it accepts the GENERAL CONDITIONS.
8.4. Upon receipt of the ad request, the SITE will contact the PRIVATE INDIVIDUAL or PROFESSIONAL PERSON by email at the address provided during registration, to notify confirmation of publication of the ad, summarizing the contents of same, the reference address, the price and the characteristics of the offer forming the subject of the ad and the indicated payment conditions, allowing the USER to immediately verify the published ad.
8.5. ASALIFT reserves the right to evaluate the acceptance or rejection of ad requests. By way of example only, reference can be made to such faculty in art. 11 below.
8.6. ASALIFT will notify the USER of any inability to accept the ad request within 30 days from the day following that on which the publication request was sent.
9. Management and requirements of the advert contents
9.1. The Supplier, within the limits of the subject and purpose of the contract between the parties being configured by registration on the SITE, grants the USER the non-exclusive, non-transferable right, limited to the duration of the contract and without the right to grant sub-licenses, to use the SITE for the publication of the Contents and the data concerning the USER itself. The USER undertakes not to use the SITE and the PERSONAL AREA in any other way and for any other purposes and, in particular, to refrain from:
- accessing the database, data or Contents by means of application programs of third parties or in any case different from those by means of which AMAUT MARKET has enabled it by using the password and the identification code;
- disclosing its own identification code or password to third parties;
- reproducing, manipulating, copying, distributing and using in any way any contents of the database other than the Contents, including through other websites or other media;
- using the Contents of adverts published by other USERS (such as photographs, telephone contacts, addresses etc. etc.) in their ads;
- using or publishing the Contents through third-party sites using links between these and the SITE or displaying distinctive marks or identification data of ASALIFT and AMAUT MARKET.
9.2. For each case of infringement (intentional or negligent) of the obligations under this clause, the contract shall be deemed lawfully terminated pursuant to art. 1465 Italian civil code. and the USER shall pay ASALIFT a penalty of € 10,000.00 (ten thousand Euros/00 cents) always without prejudice to ASALIFT’s entitlement to claim compensation for additional damages suffered and to obtain an injunction or emergency measures against the USER .
9.3. The USER hereby undertakes to indemnify ASALIFT and hold it harmless from all claims by third parties made against ASALIFT due to the violation of the obligations under this clause.
9.4. The USER shall publish, manage, edit, insert and remove the Contents, independently performing all the procedures necessary for this purpose through its PERSONAL AREA and may independently correct any entry errors.
9.5. The USER undertakes, with respect to ASALIFT, to keep an updated copy of the Contents, howsoever provided to the latter in the fulfilment of the contract between the parties.
ASALIFT has no obligation to keep the Contents.
9.6. The Contents sent to ASALIFT shall be updated, truthful in form and substance, reliable and compliant as hereinafter provided.
9.7. The USER is explicitly forbidden from including in the Contents:
- unlawful, untruthful or fictitious ads;
- ads that contain partial or full reproduction of material unmistakably attributable to other USERS and their respective ads;
- non-serious ads;
- ads relating to adverts for products and services other than those specifically concerning the scope of the SITE;
- ads groundlessly attributed to non-professional users;
- ads with details of erroneous or misleading or deceptive prices;
- ads with details of partial prices or different from their full amount;
- ads with prices that do not already include VAT for goods and/or services the sale or rentals of which are subject to VAT
- images of the goods or services to be published in electronic format other than ".GIF", "PNG" or ".JPG."
9.8. The advert of the USER published through the SITE must truthfully and reliably indicate all the information required by AMAUT MARKET in the specific USER page. Any fault or defect in the product or service offered, which appreciably reduces its utility or value, must be truthfully and reliably indicated.
9.9. Indicating a phone number will not be allowed which, directly or indirectly, might result in unnecessarily onerous charges, such as, by way of example only, a number which has the prefix "199" or international codes, unless the actual headquarters of the owner of the ad is located abroad.
9.10. The publication will not be allowed of ads in the name and on behalf of third parties without their prior written consent. In particular, indicating the personal data of third parties (such as, for example, phone numbers and addresses) will not be allowed without their consent.
9.11. In the field dedicated to vehicle photographs, the publication will not be allowed of images that are not in any way related to the goods and/or services offered by the USER.
9.12. Also explicitly forbidden is the publishing of photographic material and videos taken from ads previously published on the SITE by other USERS. The USER shall be entitled to publish in the SITE only images, assets subject to intellectual property or patent rights, logos, insignia and other distinctive signs of the company which the USER is authorized to use and which do not infringe the patent or intellectual property rights or rights to distinctive marks of a third party company. Furthermore, the images shall not have a content which is misleading or detrimental to the honour, the decorum or the dignity of anyone and shall reproduce as reliably as possible the state of the goods and/or services at the time of the offer. In the event of the USER publishing images taken from a catalogue, a magazine, or from a website, this shall be clearly indicated.
10. Confirmation of receipt of the ad order and cancellation of same
10.1. In compliance with the provisions of art. 53 of the CONSUMER CODE, the USER, at the time of sending the draft of the ad forming the subject of the contract, will receive by email a written confirmation of the publication of its draft of advert containing a summary of the essential characteristics of the ad, its price, the amount paid, the existence for private individuals only and not for PROFESSIONAL PERSONS of the right of withdrawal - with indication of the terms and conditions for exercising same – the geographical address to which to send complaints and information on assistance services and existing guarantees, and the GENERAL CONDITIONS.
10.2. In the time needed to complete the financial transactions indicated in the above paragraph, ASALIFT reserves the right not to publish the ad online in the event of its having determined the non-compliance of same with the content requirements expressly indicated in the following clause.
10.3. If ASALIFT has reasonable grounds to believe that the PROFESSIONAL PERSON is not operating according to a real and genuine interest in the publication of adverts and trade in vehicles entered therein, or is abusively exercising the right of withdrawal granted under article 14 below, the publication order sent by the USER shall be deemed ineffective. ASALIFT shall send to the USER, by email, a notice informing of the non-publication of the advert, and shall also cancel any debit and/or charge against it.
11. Obscuring of contents or access, other penalties
11.1. The entering of the Contents by the USER in the DATABANK, as well as their publication and accessibility in the SITE are subject to the discretionary evaluation of ASALIFT.
11.2. ASALIFT reserves the right to obscure such Contents and block access to the SITE by the USER if it deems at its sole discretion that:
- the ads do not comply with the provisions of the "Requirements of the ad contents" as expressly regulated in Clause 9,
- there are grounds to fear that the ads may be illegal, untruthful or fictitious,
- they contain a larger number of ads than the maximum agreed,
- ASALIFT considers that a third party is using the ID and password of the USER,
- the USER uses the DATABASE illegally or in any manner or for any purpose other than contractual,
- the USER appears not to have paid the fees due to ASALIFT according to the terms of clause 13,
- the Contents are contested by third parties and there is a risk of legal action and/or prejudices to ASALIFT or other entities.
11.3. ASALIFT shall promptly notify in writing to the USER the measures taken as a result of these violations, and reserves the right to ask the USER to pay a contribution to be determined in proportion to the problems caused by failure to comply with the requirements of clause 9, and in any case not in excess of € 250.00 (two hundred and fifty euros) for the possible reactivation of access by the USER.
11.4. If after the reactivation of the profile, the USER again violates the provisions of this clause 11, ASALIFT shall be entitled to terminate the contract in accordance with art. 1456 Italian civil code and also adopt the additional measures provided for in the above clause.
11.5. In the event of termination of the contract by the Supplier for these repeated violations by
the USER, ASALIFT shall be entitled to demand payment as a penalty of the sum of € 1,000.00 (one thousand euros), without prejudice to the right to claim damages.
12. Disclaimer of liability and indemnity
12.1. ASALIFT is the provider of a service for the transmission and temporary storage of data and, as such, does not act as a mediator or representative of the USER or, in any case, on behalf of the latter.
12.2. Pursuant to and for the purposes of Article 17 of Legislative Decree no. 70/2003, ASALIFT is not subject to any obligation to monitor the transmitted or stored information, nor to any obligation to actively investigate facts or circumstances indicating illegal activities.
12.3. The USER shall always be deemed the sole party responsible for the legality, truthfulness and reliability of the Contents of the advertisements and of the data entered by the USER at the time of registration.
12.4. ASALIFT is forthwith exempted from any liability, direct or indirect, in relation to the contents posted by users even when these have been, for whatever reason, implemented, removed or obscured by it, as well as from any liability, direct and indirect, regarding any interruption of the SERVICES due to causes unrelated to the conduct of ASALIFT.
12.5. ASALIFT shall also be exempted from any responsibility resulting from any discrepancies between the images of the published goods or services and the actual appearance and state of the goods or service covered by the image, including any differences in colour and/or kind of goods forming the subject of the advert.
12.6. The USER shall indemnify ASALIFT and hold it harmless from any prejudice it might suffer as a consequence of the publication of the Contents, as well as the use by the USER of the SITE, the Database of AMAUT MARKET, the USER, the Services and any other service supplied to it, and as a result of the violation of rights of third parties.
12.7. In particular, the USER expressly holds ASALIFT harmless from any form of spam or any use of the references of holders of ads entered by them.
12.8. ASALIFT disclaims all liability for malfunctions, service outages, and drops in performance, whether due or not to force majeure or unforeseeable circumstances, unless they are directly attributable to ASALIFT following its wilful misconduct or gross negligence.
12.9. the USER acknowledges and accepts that the acquisition of advert proposals by ASALIFT through the SITE may be suspended during periods of closure.
12.10. Following the loss of the Contents due to the fault of ASALIFT, the latter, given the USER’s retention obligation as indicated in clause 9, shall only be obliged to restore the Contents that the USER has provided in copy after the inconvenience.
12.11. Personal information such as personal data, tax code, VAT number and so on, are provided by the professional person under its sole responsibility.
12.12. ASALIFT disclaims any charges made against it because of any false statements that may be made by SITE users at the time of registration and purchase of the marketed products.
13.12. Whenever ASALIFT is certain that the information provided by any type of client at the time of registration does not correspond to the truth, it reserves the right to report such conduct to the competent authorities.
13. Prices and terms of payment
13.1. The ad service offered by ASALIFT through the AMAUT MARKET brand web portal to PROFESSIONAL PERSONS will be free of charge for the first 30 days of registration.
13.2. Before the end of that period ASALIFT will contact the PROFESSIONAL PERSON by means of the details provided by it during registration and shall inform that to continue the use of the ad service, the payment of a subscription fee is required.
13.3. The subscription shall last for 12 months calculated with effect from the first day of the month following the month in which payment is made.
13.4. The price of the annual fee is published in the SITE in the special service costs section, available at the following link (enter address).
13.5. Any change in the fee will be effective with respect to the USER only at the time of renewal.
13.6. Pursuant to Article 56 of the Consumer Code, the USER may pay the annual fee for the ad services by credit card or paypal.
13.7. Payments by means of the following credit cards are accepted: XXXXXXXXXXXXX and cards issued by major transaction circuits.
13.8. The transaction will be charged to the USER according to the selected procedure only after: a) the company which manages the online service of the circuit of the provided credit card has taken steps to verify the data of same, b) debit authorization has been received from the company issuing the credit card used.
13.9. In the event, for any reason whatsoever, of the payment of the amounts owed by the USER being impossible, ASALIFT will proceed to cancel the transaction and the publication will be automatically cancelled.
10.13. Shortly before the subscription expiry date, ASALIFT will send the USER an email message to the address provided during registration, indicating the tariff required to renew the subscription for a further 12 months and also indicating how to proceed with renewal.
13.11. Failure to renew the subscription will result in the suspension of the user account and the deletion of all ads from the SITE.
14. Right of withdrawal
14.1. Pursuant to the combined provisions of article 64 and following articles of the CONSUMER CODE (Legislative Decree 2005/206) and the provisions of the Legislative Decree no. 21 dated 21 February 2014, the CUSTOMER is entitled to withdraw from the contract for any reason, without explanation and without any penalty. Such right may not be exercised in relation to the categories of goods and services expressly specified in article 59 of Legislative decree no. 21 dated 21 February 2014.
14.2. The USER states its consent to carry out the services of ASALIFT through the web portal named under the wording and brand AMAUT MARKET consisting in the provision of digital content by means of a non-material medium and for these reasons, the right of withdrawal is to be ruled out due to the provisions of art. 59, letter o), Legislative Decree no. 21 dated 21 February, 2014.
14.3. The USER’s right is always reserved to independently remove its ad and cancel its account by accessing the PERSONAL AREA.
14.4. Without prejudice to the provisions of the preceding paragraph, in case of need, the USER, within 14 (fourteen) days from the date of execution of the contract, shall be entitled to withdraw from the contract executed with ASALIFT, without giving any reason, by means of an unequivocal statement, sent by registered letter with recorded delivery, to Asalift s.r.l. Via Negre 45 Postal code 42045 LUZZARA fraz. Casoni (RE). To this end, the USER can use - not mandatorily - the attached withdrawal form indicated on annex I, part B of Legislative Decree. no. 21 dated 2014, implementing Directive 2011/83/EU.
14.5. To meet the withdrawal deadline, suffice it that the USER send the notice concerning the exercising of the right of withdrawal before the withdrawal period expiry date.
15. Errors
15.1. The information and contents relating to the ads on the SITE are constantly updated; the complete absence of errors cannot however be guaranteed.
15.2. ASALIFT reserves the right to correct any errors, inaccuracies or omissions even after an ad order has been sent, and also to change or update information at any time without prior notice.
15.3. The USER shall always be entitled to report any errors or inconsistencies on the online ad portal through its PERSONAL AREA or by sending an email to the address (indicate a specific address for error reports), by entering expressly in the caption the wording “ERROR REPORT” and correctly specifying the ad to which the error refers.
16 Guarantees
16.1. ASALIFT guarantee the availability of the database for at least XX% (XXXX percent) of the calendar year.
16.2. By "availability" is meant the possibility that Contents may be included in the database and accessible through the SITE by potential customers of the USER.
16.3. It remains understood that excluded from the period of availability shall be deemed system maintenance, downtime needed for the so-called "back-up off-line" within a reasonable time, as well as interruptions caused by situations of force majeure or other causes beyond the control of ASALIFT, such as, for example, but not limited to, the emergency measures taken to prevent spreading viruses.
16.4. If possible, ASALIFT will notify the USER in advance of any service interruption.
16.5. ASALIFT does not in any way guarantee either a minimum number of hits from visitors to the USER, or the success of the offers and advertisements of the USER published on the SITE.
17 User's liability and indemnity
17.1. The Contents must comply with the "Requirements for the Contents of offers and advertisements", as indicated in the above clauses 8 and 9 and with the rights of third parties (such as, without limitation, copyrights, trademarks and de facto and legal rights to other distinctive marks), and be such as not to discredit or prejudice the reputation of ASALIFT, of the AMAUT MARKET brand and of other users and third parties.
17.2. The USER agrees to indemnify ASALIFT and hold it harmless from all claims by third parties arising from breach of obligations and to compensate for any damage caused by ASALIFT due to such breaches, including legal fees incurred.
18. Personal data management and use of cookies
18.1. The personal data provided by the USER under its sole responsibility during SITE service registration are gathered, processed and used in order to perform the aforementioned registration and allow the exercising of the business activity (order processing, billing, etc. ) and will in no case be transferred to third parties without the express permission of the owner, in full compliance with current regulations.
18.2. Data processing is performed using electronic media, by specifically authorized individuals.
18.3. The data are stored in computer files to which the minimum security measures are applied provided by the legislature.
18.4. The USER is entitled at any time to access the data concerning it, to update, amend and supplement the data and, more generally, to exercise its rights under Article 7 of Legislative Decree 196/03.
18.5. The CUSTOMER and the PROFESSIONAL PERSON shall be entitled, at any time, to oppose, in whole or in part, the processing of their data and ask for them to be deleted. The Controller of the gathering and processing of personal data is ASALIFT in the person of its pro-tempore legal representative.
18.6. For further details regarding the processing of personal data, reference should be made to the specific area of the SITE dedicated to the Privacy Policy (provide links).
18.7. Amaut Market uses cookies and similar technologies to ensure the proper functioning of procedures and improve the browsing experience. In order to understand in detail the types of cookies and the methodology used by the SITE, the user is invited to read the Cookies Policy specification (provide links).
18.8. The DATABASE of the AMAUT MARKET web portal integrates a search engine that allows the USER to work with the published contents in order to obtain the search results for the sought variables, or be able to contact potential vehicle bidders through contact forms or contact data left by the advertiser.
18.9. The entering of personal data such as address, telephone number, etc. inside an ad is done by the USER under its sole responsibility. The USER holds ASALIFT totally harmless as regards any liability for the violation of privacy that could result from entering personal data in the ad.
18.10. Potential customers and people interested in the USER’s ads who have Internet access can take and download the contents published on the SITE free of charge.
18.11. Any use of the Contents by ASALIFT is made in compliance with Legislative Decree. no. 196 dated 30 June 2003 ("Law on the protection of personal data"), as amended, as well as with the Information Leaflet on the Protection of Personal Data " provided to the USER.
19. Intellectual Property
19.1. The Contents are protected in accordance with the regulations on exclusive patent and intellectual property rights, where applicable - for example, texts, commercials, trademarks and in fact, to corporate names, logos, etc.
19.2. All intellectual property rights, trademarks, copyrights, logos and models remain the sole property of the respective manufacturers of whatever promoted by the AMAUT MARKET on the SITE.
20. Language of the contract, applicable law and delegation of jurisdiction
20.1. The language available for executing the contract is Italian; for the sake of convenience the agreement comes translated in different languages such as English, French, German, Spanish and Portuguese.
20.2. These GENERAL CONDITIONS are governed by Italian law and shall be construed in accordance with Italian laws.
20.3. Disputes arising from the construal, validity and/or execution of these GENERAL CONDITIONS shall be referred solely to the Law Court of Reggio Emilia.
21. Contacts
21.1. For more details please write to the following email address: (indicate specific address for contact) or consult the appropriate contact section of the SITE.
22. Restrictive clauses
22.1. Pursuant to and for the purposes set out in articles 1341 and 1342 of the Italian Civil Code the clauses of these General Conditions identified in articles. 1. General Provisions (1.3, 1.4, 1.5, 1.6, 1.7); 3. type of services offered by the SITE (3.4, 3.7, 3.8); 4. use of the services by site users (4.2); 5. Regulations for reference to and publication of ads (5.1, 5.5); 6. execution of the contract (6.1, 6.2, 6.3); 7. Responsibilities of the User as regards the truthfulness and accuracy of the entered data (7.1, 7.2); 8. Access to the personal area and the creation of ads (8.2, 8.5, 8.6); 9. Management and requirements of the advert contents (9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 9.11, 9.12); 10. Confirmation of receipt of the ad order and cancellation of same (10.3); 11. Obscuring of contents or access, other penalties (11.1, 11.2, 11.3, 11.4, 11.5); 12. Disclaimer of liability and indemnity (12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.9, 10.12, 12.11, 12.12, 12.13); 13. Prices and terms of payment (13.8, 13.9, 13.10, 13.11); 14. Right of withdrawal (14.1, 14.2, 14.3, 14.4, 14.5); 15. Errors (15.1, 15.2, 15.3); 16 Guarantees (16.1, 16.3, 16.4, 16.5); 17 User's liability and indemnity (17.1, 17.2); 18. Personal data management and use of cookies (18.1, 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 18.8, 18.9, 18.10, 18.11); 19. Intellectual property (19.2); 20. Language of the contract, applicable law and delegation of jurisdiction (20.1, 20.2, 20.3) are of a restrictive nature and consequently, for purposes of the execution on the aforementioned contract the user declares having read them and expressly accepting them.
