PLEASE READ THIS CONTRACT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT THE LEGAL RIGHTS AND REMEDIES AVAILABLE TO USERS.
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- The escrowitalia.it online escrow service, owned by Escrow S.r.l., offers customers the possibility, when purchasing online, to entrust the management of payments to escrowitalia.com, which receives and manages, in an escrow account, the price of the goods/services purchased by the Buyer and pays it to the Seller after the service has 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 administered escrow account, dedicated solely to the operations of escrowitalia.com. It's purpose is to guarantee a secure and reliable transaction of the purchase price for the Seller and the provision of the service or goods for the Buyer. Escrow S.r.l. is not a contractual partner of the Buyer or Seller. Therefore, the receiving and sending of payments received take place exclusively under the instructions of Escrow S.r.l..
- All payments are received and sent by Escrow S.r.l. The payment of the escrow amounts is made by Escrow S.r.l. Escrow S.r.l. is responsible not only for the technical execution of transactions between customers and Escrow S.r.l. but also, as administrator, for the Escrow Deposits exclusively for the flow of money.
- The terms "company", "we" or "our" refer to escrowitalia.com. The terms "User", "his/her" "he/she" "their" or "customer" refer to any natural or legal person who accepts this Contract. No part of this Contract shall constitute an act of conferral of rights or benefits to any third party.
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FIELD OF APPLICATION
- These General Conditions of Use apply to all contracts of Escrow S.r.l. and its services. Please note that a more recent version of this user contract will always be available on the website escrowitalia.it. The customer can print a copy of these General Conditions of Use via their browser's print function, or save a copy on their hard drive or other storage devices. We recommend and encourage the customer to read, print and save a copy.
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THE SERVICES OF ESCROWITALIA.IT
- The escrowitalia.it online escrow service, owned by Escrow S.r.l., offers customers the possibility, when purchasing online, to entrust the management of payments to escrowitalia.com, which receives and manages, in an escrow account, the price of the goods/services purchased by the Buyer and pays it to the Seller after the service has been provided (Escrow Service). escrowitalia.it has the role of neither Buyer nor Seller (nor of Intermediary, if any), nor does it represent one of the parties involved. This process aims to ensure a safe and reliable transaction of the purchase price for the Seller and the provision of the service or goods to the Buyer. Escrow S.r.l. receives commission fee from the Buyer for the services offered. The commission fees applied to these services are always available for consultation on the price list published on the website of Escrow S.r.l.
- The fees on escrowitalia.com are always final and include VAT, where applicable. Escrow S.r.l. reserves the right to change its rates at any time. Changes to fees will be communicated to the customer prior to their introduction, through their customer account or any other appropriate form.
- Payments to and from the Escrow S.r.l. account may only be made by bank transfer.
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CONTRACT ACCEPTANCE
- The acceptance of the contract between the customer and Escrow S.r.l. is established by creating an account on the website escrowitalia.com, or any other website authorized for such purpose.
- The escrowi.com registration contract is entered into by and between Escrow S.r.l. and the User, and its validity is effective from the date of electronic acceptance. The contract establishes the terms and conditions of use of all the services of escrowitalia.it.
- It is free to create an account on escrowitalia.com.
- An account may only be created by a legal entity, a business partner, or by a natural person who is fully capable of conducting business. In particular, only persons who are of adult age may create an account and use the services of escrowitalia.com.
- By electronically accepting this Contract, you acknowledge that you have read, understood and accepted the Contract, together with the Privacy Policy Statement and General Conditions of Use, as binding.
- The user acknowledges that Escrow S.r.l. is NOT a bank and that the escrowitalia.com website offers exclusively a service of escrow payments management, and NOT a banking service.
- In case of conflict between Escrow S.r.l. and a customer, only the General Conditions of Use of Escrow S.r.l., together with any further regulations or particular directive applied to the services of escrowitalia.it, will be applied.
- Escrow S.r.l. does not recognize General Conditions of Use provided by the customer that differ from those of Escrow S.r.l. unless Escrow S.r.l. has expressly given its written consent.
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REGISTRATION AND ACCOUNT
- When creating an account, the customer is required to enter their personal data and tax status in a scrupulous, accurate and honest way in all forms and requests for information, and in accordance with the requirements of the registration form. The customer is obliged to keep his/her personal data up to date at all times. P.O. boxes and addresses of organisations cannot be accepted as valid addresses. It is also not possible to enter a telephone number of value-added services.
- Failure by the user for any reason within four (4) business days to respond to any request made by Escrow S.r.l. to determine the validity of the information provided will also be deemed a material breach of this Contract.
- The control of customer data after an account registration on escrowitalia.com is limited, as user identification is only possible up to a certain level. So despite the many security procedures in place, there is no 100% guarantee that users will not be able to enter false data into their accounts. In accordance with the provisions of Italian law, Escrow S.r.l. will carry out an identification check on the data of all users who perform transactions of € 2,500.00 or more (including the commission for the services of escrowitalia.it and all other costs, if any). This identification check will be performed only once and will be valid for all future transactions on escrowitalia.com.
- Escrow S.r.l. reserves the right to disable and/or block an account after checking the data entered by the customer without having to provide any explanation.
- Each customer can only manage one account. Their account is personal and can in no case be transferred to third parties.
- Customers must keep their passwords secret and to carefully manage access to their account. Customers must immediately inform "sicuro.com" if they suspect that their account has been hacked.
- Customers are responsible for all activity that occurs through their account.
- If the customer definitively terminates their working relationship with escrowitalia.com, Escrow S.r.l. may block the customer's account by preventing a new log-in, and may delete all customer data after the expiration of the current terms, in particular those of an accounting and financial nature, regarding data retention.
- Escrow S.r.l. reserves the right to suspend a customer's account after the completion of a transaction. In particular, escrowitalia.it may suspend the account of any customer who violates the law, does not recognize the rights of the other party, does not follow the terms, conditions and roles of escrowitalia.com, does not meet the requirements for the Transaction, who or cannot be reached through the contact details entered in the account.
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LIMITATION AND EXEMPTION FROM LIABILITY
- Escrow S.r.l. shall be liable only for damages resulting from the intentional or negligent breach of obligations by Escrow S.r.l., its legal representatives and/or agents as long as the contractual obligations and guaranteed performance are not affected.
- Escrow S.r.l. is exempt from any liability for damages caused by a failure to transfer data, loss of data or failure to display an item in the database that is declared as being on sale. However, this only applies to damages that do NOT result from an intentional or negligent breach of obligations by Escrow S.r.l., its legal representatives and/or its agents.
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CONTRACTUAL LANGUAGE
- Service contracts with escrowitalia.com may be concluded in German, English, Italian and Spanish.
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PURCHASE AND TRANSFER PROCESS
- The buyer and seller agree to use the services offered by escrowitalia.it. The buyer or seller (or the intermediary, if involved) initiates a transaction through the Escrow S.r.l. website. The price of a Transaction must include any additional costs, such as packing or shipping costs. Escrow S.r.l.'s commission fees will be borne by the Buyer. All parties must also accept the General Conditions of the Transaction. The latest versions of these regulations are published at: http://www.escrowitalia.it/it/condizioni-generali
The latest version of these regulations are published at: http://www.escrowitalia.it/it/contratto-uso
- Both parties, buyer and seller, are required to cooperate fully with each other and with Escrow S.r.l.
- Escrow S.r.l. reserves the right to cancel a Transaction if either party fails to comply with the contractual requirements after sending at least two notifications. In such cases, escrowitalia.it has the right to request its commission cost from the party that has failed to fulfil its contractual obligations. In addition, the damaged party in the Transaction may initiate a formal claim for fulfilment of the contractual undertakings, or a claim for damages.
- Escrow S.r.l. cannot be held responsible for any inconvenience or damage resulting from the cancellation of a Transaction unless it results from intent or gross negligence on the part of escrowitalia.it, its legal representatives and/or its agents.
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PROTECTION OF PERSONAL DATA
- In order to use our services with an optimal level of security, you must give your consent when registering with escrowitalia.com. By registering on escrowitalia.com, you agree that the data you enter, such as your name, address, date of birth, telephone number, email address and, where applicable, your payment account details, fax number, company information such as your company name, VAT number, as well as additional data collected in using escrowitalia.it, will be stored and processed by our systems.
- escrowitalia.it only stores customer data that is necessary for providing the contractually-agreed services of Escrow S.r.l., and the customer agrees to comply with all the rules and laws of privacy protection with respect to data arising from their business relationship and, in particular, data concerning the customer and their address. The customer always has the opportunity to verify the data he has stored in the appropriate section and can change them there.
- Escrow S.r.l. operates a technical system, through which the buyer, during the Transaction, can send payments to an escrow account held and managed by Escrow S.r.l. Escrow S.r.l. ensures that such data will be used only to process payments. In this context, it may happen that, to comply with the law, or to prevent offences, additional data may be required. By using escrowitalia.com, you accept the above mentioned transmission and processing of data.
- In the event of non-payment, you agree that we may pass on the relevant data to debt-collection agencies, or other service providers. In the event of a suspected fraud, a report will be made to the competent authorities.
- Only customer data necessary for bureaucratic or legal reasons is stored. We are committed to strict compliance with all laws regarding the protection of personal data, in particular data of customers and their addresses. If you refuse to the processing and storage of data, or if you withdraw your consent to its processing at a later date, you will no longer be able to use the services of escrowitalia.it. If you want to close your account, we will suspend it and prevent further access. For the prevention of attempted fraud, and for the reporting of accounting and financial documents, the customer's data will be saved in accordance with the provisions of the law.
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NEWSLETTER
- By registering with escrowitalia.it, you agree to be informed by escrowitalia.com about offers and news regarding escrowitalia.it or its partners, by e-mail, by post or by telephone. You can disable this service in your account. Should you no longer wish to receive our newsletter, you can of course contact us at any time and/or notify us by e-mail.
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AMENDMENTS TO THE GENERAL CONDITIONS OF USE
- Escrow S.r.l. reserves the right to modify the existing Terms and Conditions in explicit agreement with the customer, and provided such modifications are accepted by the customer, and that they do not conflict with the interests of Escrow S.r.l. Any changes will be deemed accepted if the customer does not express an opinion to the contrary within 4 weeks from the date on which s/he was informed. The customer will be informed by escrowitalia.it of the consequences arising from the rejection of the General Conditions of Use. If the customer refuses to accept the changes before the expiry of the four-week period, Escrow S.r.l. reserves the right to cancel any contractual agreement with the customer, and to close his/her account.
In addition to all other rights reserved by Escrow S.r.l. in this Contract, Escrow S.r.l. expressly reserves the right at its sole discretion to:
- Verify that you are using the Service in accordance with this Contract and the attached General Conditions of Use;
- Establish limits and guidelines regarding the use of the Service;
- Terminate the Service for the user due to unsolicited commercial e-mails (for example, spam, sending e-mails to subscribers who have not "given explicit consent"); unauthorized access to computers or networks of others (for example, intrusion); distribution of internet viruses or similar harmful activities; non-payment of fees; activities to defame, insult, damage, offend, threaten, slander or harass third parties; activities prohibited by Italian law and/or by other countries in which you have the activity; activities to promote unlawful conduct by others such as hate crimes, terrorism and child pornography; immoral, vulgar, obscene, invasions of others' privacy, from the point of view of race, ethnicity, or otherwise objectionable activities; attempts to take possession of others' identity; activities aimed at harming minors in any way, and other legal or illegal activities that Escrow S.r.l. determines, in its sole discretion, that are harmful to other customers, their activities or reputation; and
- Terminate the Service if the user uses the Service results in, or is the subject of, legal action or threatened legal action against Escrow S.r.l. or its associates, affiliates or partners, without regard to the lawfulness of such legal action or threatened legal action.
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SEVERABILITY CLAUSE
- 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.
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APPLICABLE LAW AND COURT OF JURISDICTION
- These regulations shall be interpreted in accordance with and exclusively through the laws of the Italy regardless of where the parties reside. All parties submit to Italian jurisdiction and acknowledge the Court of Milan as the sole competent court. The choice of court of sole jurisdiction referred to above is mandatory for all parties involved. Each party waives any right it may have to choose a different place of jurisdiction.
- For all legal relations between the parties involved, the laws of Italy apply.
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