GENERAL CONTRACTUAL CONDITIONS

The escrowitalia.com online escrow service, owned by Escrow S.r.l., offers customers the possibility, when purchasing online, to entrust the management of payments to Escrow S.r.l. Escrow S.r.l. receives and manages the sums agreed to pay for goods/services purchased from a Buyer and pays them to a Seller after the goods/services have been provided (Escrow Service). Escrow S.r.l. is neither a Buyer nor a Seller (nor an Intermediary, if any), nor does it represent any of the parties involved. Escrow S.r.l. operates through an escrowitalia.com escrow account administered and dedicated solely for escrowitalia.com operations, to provide secure and reliable transactions of the purchase price for Sellers and the provision of the services or goods for the Buyers.
All payments are received and sent by Escrow S.r.l. Escrow S.r.l. is responsible for both the technical execution of transactions between customers, and as administrator of the Escrow Deposits exclusively for the flow of money.

A) General principles

A natural or legal person, who offers for sale their own property through the website of Escrow S.r.l., will be indicated, in order to conduct this sale, as the "Seller". A natural or legal person who buys goods through the Escrow S.r.l. website in order to purchase will be referred to as the "Buyer". A natural or legal person who acts as an Intermediary or Broker in the purchase or sale of goods will be referred to as an "Intermediary". A Buyer or Seller may negotiate with or without an Intermediary. If the Intermediary takes part in a Transaction, the additional rules set out in these General Regulations apply in the negotiation.
If an Intermediary is involved in a negotiation, it becomes a direct party to it and acquires the rights to the role it holds only if it is registered and identified as such by the Transaction on escrowitalia.it. If the Buyer or Seller has any independent obligation, duty or relationship in any form with another intermediary or with an Intermediary of a third party, such intermediary shall have no rights in the Transaction conducted through escrowitalia.com. It shall be for the party, Buyer or Seller, with whom such intermediary or an Intermediary of a third party has rights, to perform his/her obligations or commitments.
The use of escrowitalia.com (as Buyer, Seller or Intermediary) for the purpose of conducting an escrow transaction for the purchase or sale of an internet domain name is referred to as a "Transaction". The closing of the Transaction by the Buyer or Seller, or, if involved, by the Intermediary, shall be referred to as the "Transaction closing".
A Buyer, Seller or Intermediary may take part in a Transaction for the purchase or sale of different types of goods or assets.
A personal property that is the subject of a Transaction will be indicated here either as "traded article", "goods", "item". Amounts paid for escrow purposes by the parties will be referred to as 'Funds' or 'Escrow Deposits'.
While one or more Transactions are in progress, the Buyer, Seller and, if involved, the Intermediary are invited to connect daily to the Escrow S.r.l. website and to report regularly and promptly any change in the status of the Transaction, including the Transaction closing.
The time and day for each question or event referred to in these Regulations are the Central European Time (CET according to the international acronym).
Alls communication of any kind and for any purpose must be made on escrowitalia.com in one of the permitted languages (German, English, Italian and Spanish). It is the responsibility of the Buyer, the Seller and the Intermediary, if involved, that the language indicated in each profile may also be understood. If any party needs an interpretation or translation of any of the languages permitted on escrowitalia.com in order to establish a communication from and to escrowitalia.com, that party will be solely responsible for the costs incurred.
The term "working day" is taken to mean business days from Monday to Friday between 9:00 a.m. and 5:00 p.m. Central European Time which are not national holidays in Italy.

Instructions on ESCROWITALIA.IT
1. As soon as the Buyer and Seller (and Intermediary, if involved) have agreed on identical details of a specific Transaction and have accepted the General Service Regulations by clicking on the confirmation button, this regulation shall apply as a binding agreement between all parties involved. When accepting the Transaction by clicking on the confirmation button, there must be no fields left empty. After the Buyer and Seller (and Intermediary, if involved) have accepted the general rules by clicking on the confirmation button, the Contract and Privacy Statement will serve to regulate the transaction process between the Buyer and Seller (and Intermediary, if involved).
2. Should it become necessary to introduce new instructions or additional rules, or should it become necessary to make changes or deletions to the transaction process, all parties involved (Buyer, Seller, escrowitalia.com and Intermediary, if involved) must accept, in a legally recognized manner (through a process accepted and shared by the parties), all additional instructions and rules, as well as any changes and deletions.
3. Escrow S.r.l. reserves the right to decline the additional instructions of the Transaction and to interrupt the Transaction. escrowitalia.it may accept instructions that are produced, generated, sent, communicated, received or stored by electronic means if a digital identification is connected to them.
4. "Digital identification" shall be taken to mean the process by which a User identifies himself/herself on the escrowitalia.it website by entering their login data, i.e. email address and password.
5. Through this Regulation, the parties to the Transaction agree to conduct the Transaction electronically. The parties confirm, accepting this regulation and the Transaction instructions, that they are able to receive, download and print the following regulation.
6. The commission fees of escrowitalia.it must be added to the purchase price and must be sent in one instalment to Escrow S.r.l.'s escrow account.
Dispatch and Tracking of Goods
1. The total amount defined must include transport costs, if borne by the Buyer.
2. After correctly receiving the full amount agreed into the Escrow S.r.l. escrow account, the Seller will be notified to send the goods. Should the Buyer's inspection of the goods prove negative, the Buyer undertakes to return the goods to the Seller at the former's expense, and to insure the consignment for the full value of the goods.
3. The Seller is liable for any damage to the goods during shipment if it has not been insured.
4. The Buyer's inspection time (as indicated in the Transaction instructions) will begin after one of the following events:
  1. the Buyer confirms on the escrowitalia.it page that he has received the goods, or
  2. escrowitalia.it confirms that the goods have been delivered.
5. As soon as payment has been received by Escrow S.r.l., the Buyer and Seller will be informed by email, or by a message on the escrowitalia.it website that the transfer of the ordered goods may take place. If, within 10 days of receiving notification of receipt of payment, the Seller has not yet sent the goods, then the Buyer will have the option to request a refund of his payment. In this case, Escrow S.r.l. will interrupt the Transaction and return the payment to the Buyer, from which the commission fee of escrowitalia.it and any bank charges related to such return, will be deducted. escrowitalia.it reserves the right to proceed, within 48 hours following the request for return of payment, to send an email to the Seller and wait for a response.
6. Unless the parties agree otherwise, the Buyer shall be liable for all duties, customs fees and other expenses relating to an international shipment which shall nevertheless be included in the purchase price agreed on the site. It is the responsibility of the party who sends the goods to describe the goods and their value according to the relevant customs regulations.
Acceptance of goods by Buyer and payment of the Funds
1. During the inspection period, the Buyer may:
  1. select the "goods acceptance" button on the escrowitalia.com website, and follow all subsequent instructions in order to complete the process of goods acceptance, or
  2. select the button to refuse the goods on the escrowitalia.com website, and follow the instructions to end the process of rejecting the goods.
2. If the Buyer does not accept or reject the goods by the end of the inspection period, escrowitalia.it shall treat the Buyer as satisfied and the goods as correctly accepted. Escrow S.r.l. will then go ahead and pay the agreed amount in the following way:
3. When the transfer is correctly completed, Escrow S.r.l. will send the sum of the selling price to the Seller.
4. If the inspection period has ended without the Buyer accepting or refusing the goods, escrowitalia.it reserves the right, prior to making payment to the Seller, to send a message to the Buyer within 48 hours after expiry of the inspection period and to await a response from the Buyer.
Rejection of the goods by the Buyer .
1. If the Transaction is interrupted or if the purchased goods are returned to the Seller, then the Buyer is fully responsible for paying escrowitalia.com's commission fee. The Buyer may, for any reason, return the goods received or asset/s purchased.
2. In this case, the Transaction will not be completed.
3. The Buyer is aware that, regardless of the reason for the rejection of the goods, they must be returned to the Seller so that the Buyer's payment can be refunded. Transport (shipping) costs are borne by the Buyer. The Buyer must dispatch the goods within, and no later than, 10 days from the rejection. Otherwise, Escrow S.r.l. will automatically send the payment to the Seller.
4. If the Buyer does not return the goods, or does not comply with the rules on returns described herein, the Seller will have the right to initiate arbitration or legal proceedings against Buyer.
5. Errors or failures by the Buyer to comply with the regulations indicated herein during the rejection of the goods or failure to comply with the return times indicated will be sufficient reason for Escrow S.r.l. to proceed, according to the instructions sent by escrowitalia.com, to make payment to the Seller for the goods purchased.
6. The Buyer is responsible for all shipping (transport) and insurance costs. It is the responsibility of the party responsible for the dispatch to declare the goods and their value, as per the customs regulations of the countries involved.
7. Escrow S.r.l. will then return the escrow deposits to the Buyer, after fully subtracting its commission fee, along with any bank charges or commission.
8. As soon as the escrow deposits have been paid, the Transaction will be considered ended, without any further obligations for any of the parties involved.
Right of withdrawal and payment of the Funds

After the Escrow Deposits have been paid in, if the Seller does not dispatch the goods within the next 10 days or within a longer period of time agreed between the Seller and the Buyer, the Buyer may request that the Funds be returned.

The Buyer acknowledges and accepts that the payment of the full amount of escrowitalia.com's commission fee shall be its responsibility regardless of any other agreement between the Seller and the Buyer (or Intermediary, if involved). The Buyer and Seller also agree that the Seller has the right to withdraw from the escrow Transaction at any time before the goods are sent, and to request the return to the Buyer of the Escrow Deposits, from which escrowitalia.com's commission fees and any bank charges or money delivery charges will be fully subtracted.

In case of withdrawal after Escrow S.r.l. has received the Escrow Deposits, or after the goods have been dispatched, the Intermediary will not receive its commission unless otherwise agreed between the parties at the start of the Transaction.

The request to withdraw must be submitted in writing to escrowitalia.it.

Disputes and funds payments

In the event of any dispute/litigation, claim, disagreement or damage to or in connection with escrowitalia.com's General Conditions of Service, including the rejection of returned goods by the Seller, the acceptance or rejection of the goods by the Buyer or the Seller and/or the right of withdrawal during the Transaction, the Buyer and Seller (and Intermediary, if involved) hereby agree to act in good faith and in the best possible manner in order to find a satisfactory solution to all parties involved.

In accordance with these Regulations and Transaction regulations, escrowitalia.com reserves the right (without obligation to do so) to initiate legal or arbitration proceedings at any time, and to submit payment of the Escrow Deposits to an arbitration or judicial decision. In this case, the Buyer and the Seller (or the Intermediary, if involved) hereby authorize escrowitalia.it to use the Escrow Deposits to pay all expenses for the initiation of the judicial or arbitration proceedings. The Buyer and the Seller (or the Intermediary, if involved) agree to receive notice of the commencement of judicial or arbitration proceedings by email (via the email addresses that were previously indicated on the respective accounts of the escrowitalia.com website by the Seller, Buyer and Intermediary, if any).

The arbitration or judicial decision must be made in the city of Milan, Italy, unless the Buyer, Seller, Intermediary (if involved) and Escrow S.r.l. agree in writing to refer the matter to a different location. The Buyer and Seller (and Intermediary, if involved) also accept that disputes, claims, disagreements or damages to or in relation to the General Conditions, and the Contract, are to be clarified by legal proceedings or arbitration. Finally, they accept that all issues that may arise in connection with legal or arbitration proceedings will be resolved exclusively through such proceedings.

The initiator of the court or arbitration proceedings undertakes to deliver a copy of the request for legal proceedings/arbitration to all parties, including Escrow S.r.l. While escrowitalia.it must be informed of the request for legal or arbitration proceedings and also of the outcome of such proceedings, Escrow S.r.l. shall play no active role in such proceedings unless Escrow S.r.l. voluntarily chooses to take part in them.

Because Escrow S.r.l. is not a party to a dispute between the Buyer and Seller (and Intermediary, if involved), Escrow S.r.l. is not responsible for the payment of court (or similar) fees and expenses.

The judge or arbitration committee shall be required to notify their final decision to escrowitalia.it by means of a copy of the judgement, and Escrow S.r.l. will abide by such decision.

In the event of a dispute, the Buyer and Seller (and Intermediary, if involved) hereby acknowledge that Escrow S.r.l. will not act in any way to complete the Transaction until the dispute is resolved, or until:

Escrow S.r.l. receives written instructions containing the terms of a mutual agreement reached and countersigned by the parties involved; or

Escrow S.r.l. receives an order from a judge or arbitration committee but subject to appeal against such order

Escrow S.r.l. has no responsibility for updating the parties with respect to its escrow transactions, arbitrations or other legal proceedings.

Escrow S.r.l.'s obligations must be limited to the maintenance and payment of the Funds upon written instructions shared by the parties involved, or upon a binding decision of legal proceedings or arbitration.

Notwithstanding any other provision of these General Regulations and irrespective of whether Escrow S.r.l. is considered a party to any legal proceeding or other dispute, as described in this section, nothing shall be construed to limit Escrow S.r.l.'s legal rights, including the right to appeal to the second instance of judgement.

Payment times
All Escrow Deposits due to the Buyer and the Seller (and to the Intermediary, if involved) shall be paid immediately after acceptance of the goods by the Buyer, the Seller, or after the resolution of a dispute, as the case may be. Should the Buyer for any reason pay an amount in excess of the agreed amount, the excess amount shall be repaid before the end of the Transaction. In the event that the Buyer or Seller (or the Intermediary if involved) receives, for any reason, a payment in excess of the due amount, they agree to immediately return the excess amount to Escrow S.r.l. Buyer and Seller (and Intermediary, if involved) declare that they will not take steps against escrowitalia.com in the event of losses due to currency exchange.

Payment methods
The Buyer undertakes to make the payment within 5 days. The Buyer undertakes to provide at any time the documents necessary to confirm their identity. Escrow S.r.l. reserves the right to refuse a payment for any reason and without having to give reasons. If Escrow S.r.l. refuses a payment, it may request a second attempt through an alternative payment method. If the Transaction is not resumed within 20 days of escrowitalia.com notifying the Buyer and Seller of payment refusal, the Transaction will be considered irrevocably cancelled. In the event of a refund to the Buyer or Seller (or Intermediary, if involved), all payments will be made by bank transfer to the bank details indicated in the Transaction. Agreements regarding different payment methods may be made by escrowitalia.com and the beneficiary.

Transaction completion
After escrowitalia.it has paid the escrow deposits, the Transaction will be considered concluded. The Buyer, Seller, Intermediary (if involved), and escrowitalia.it will have no further obligation with respect to the Transaction.

Escrow deposits
All escrow deposits are held in an interest-free Escrow S.r.l. escrow deposit account with an Italian bank. The Buyer, Seller and Intermediary (if involved) agree with this measure.

Communication between the parties
If one of parties cannot use the escrowitalia.com website after the Transaction has begun and after the terms of the Transaction have been accepted, that party may contact escrowitalia.it by telephone to agree on an alternative method of signature and approval. The Buyer, Seller (Intermediary, if involved) and escrowitalia.it may, but are not obliged to, agree on alternative methods of communication that are appropriate to the terms of the Transaction.

Rights of escrowitalia.it, disputes, bankruptcy
If a Transaction violates the provisions of these regulations or if it may infringe a law, Escrow S.r.l. may cancel the Transaction and seek legal protection of the Escrow Deposits at the Milan Public Prosecutor's Office, including the confiscation of the Escrow Deposits by the competent judicial authority and/or the blocking of the recipient's account.

If a dispute arises between the Buyer and Seller (and Intermediary, if involved) which cannot be resolved within a reasonable time, or if the parties notify escrowitalia.it of unambiguous provisions, escrowitalia.it will cease to act until it receives written instructions that are accepted and countersigned by all the parties involved. Escrow S.r.l. may, if it deems it appropriate, initiate legal proceedings. If Escrow S.r.l. is compelled to initiate legal proceedings to enforce the provisions of these General Regulations or to collect unpaid commission fees and/or to enforce judicial decisions, Escrow S.r.l. will be entitled to the reimbursement of the legal and other costs incurred.

If a Buyer or Seller is declared insolvent while both parties have an Transaction open with escrowitalia.it, escrowitalia.it will have the right to cancel such Transaction and to transfer the goods/assets back to the Seller, without the need for a provision by the parties involved.

Power of attorney
The natural person who selects the acceptance button on the escrowitalia.com website on behalf of the Buyer, Seller (or Intermediary, if involved) confirms that they are at least 18 years old that they have read the General Regulations and the Contract, and that they agree with these Regulations, and declare that they are bound by them. If a natural person acts on behalf of a legal person, a limited liability company or other economic entity, they represent that legal person and guarantee that, by clicking the "accept" button, they have the power of attorney.

Services not included
The Buyer and Seller (and Intermediary, if any) understand that the fiduciary services mentioned herein do not include any guarantee as to the outcome of the negotiation, and that escrowitalia.it assumes no responsibility for the legality of the Transaction, for the state of the goods, or for any previous agreements concluded. The payment of sales taxes, services and future development of agreements between the Buyer and Seller (and Intermediary, if any), the transfer of any insurance or guarantees, the legality of the Transaction or its legal effects or any promotion or advertising of the Transaction, which are not specifically mentioned herein, shall be considered beyond the scope of the Transaction, and Escrow S.r.l. shall have no liability in respect thereof.

Applicable law and Court of jurisdiction
These Regulations shall be interpreted in accordance with, and exclusively through, the laws of Italy regardless of where the parties reside. All parties submit to Italian jurisdiction and acknowledge the Court of Milan (Italy) as the competent court. The choice of court of sole jurisdiction referred to above is mandatory for all parties involved. All of the parties waive any right they may have to choose a different place of jurisdiction

Disclaimer and headings
Should any provision herein prove to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect without being affected or in any way considered void. The headings of these paragraphs are only intended as indicative and in no way explain, define, limit or describe all the articles.

Force majeure
If the service described herein is interrupted by a condition that is not within the reasonable control of a party, the party concerned shall be released from that service.