Edirama di M. Rapparini (hereinafter referred to as e-marketer) with registered office in Bologna via Paolo Fabbri 1/4, Italy – VAT number 04200180372, PEC firstname.lastname@example.org
that Edirama di M. Rapparini has created and manages a website dedicated to the sale of publishing articles, products and promotional services for professionals and companies, called edirama.store;
that the area of the site dedicated to the virtual library, in E-marketplace mode, will be presented to the customer, hereafter referred to as User, on the model of a physical store, in which the publisher, hereafter referred to as Member, will be able to display its products and services in the “showcase”;
that Edirama di M. Rapparini will carry out activities for the promotion and dissemination of products / services;
the foregoing, as an integral, substantial and inseparable part of this agreement between the Parties specified and constituted below
the following is agreed and stipulated
To allow a complete understanding and acceptance of the general conditions of membership contained in this contract, the following terms have the meaning indicated below:
E-marketer: the Edirama of M. Rapparini. which provides spaces for members to be able to sell their own
Adherent: subject who sells products and services and who signs this contract with Edirama di M. Rapparini., To use the latter’s services
User: the person who accesses the e-marketplace, without distinction of a legal nature and purpose pursued, interested in the goods and / or services of the Member;
E-marketplace: the edirama.store website that creates the meeting between supply and demand by relating the Adherents with the Users interested in purchasing goods and / or receiving services;
General Conditions: this contract, which governs the conditions of membership of the Member of the E-marketplace;
Conditions of use with the user: the contract that governs the relationship between the member and the User, published on the E-marketploace, referred to in Annex A;
Contents: all information concerning the Member and / or his products and / or services and presentation elements (for example: descriptions, characteristics, prices, etc.) published on the E-marketplace.
The Member confers a non-exclusive assignment to the E-marketer, who accepts, to relate, through the E-marketplace WWW.edirama.store, the same Member with visiting Users, interested in purchasing printed books and ebooks, and provided by the Participant.
This contract governs the conditions for joining the E-marketplace, it being understood that the E-marketer is in no case a contracting party to the sales contract concluded between the Member and
The E-marketer reserves the right to modify the General Conditions. In this case, the E.marketer will promptly send a communication to the Member, without prejudice to the latter’s right to
3. Use of the E-marketplace and methods of concluding the contract with the User
Any sale between the User and the Subscriber is not the subject of this agreement. The obligations arising from it will be exclusively borne by the Member and will not imply any responsibility of the E-marketer under any
The purchase order between the User and the Member will be considered concluded when the User, after having made the payment, will receive, via e-mail, the formal confirmation of the order from the Member, for the through the E-marketplace.
The Subscriber acknowledges and warrants that in no case will it conclude contracts with the User whose object or obligations contravene applicable legal provisions. Failing that, it will be
right of the E-marketer to terminate this contract with immediate effect. If the Member is in doubt about the possibility of engaging in a specific service with the User, the Member undertakes to seek the consent of the E-marketer in advance.
4. Membership of the Member in the E-marketplace
The use of the E-marketplace is allowed only to adults. Any use by minors presupposes and implies the authorization and supervision of parents or of those who exercise parental authority or guardianship., Who will therefore assume all responsibility for the work of the minor towards the E-marketer. of the third parties involved in any capacity.
In order to join the E-marketplace, the Member will send all the data requested by the E-marketer by e-mail, in order to allow the completion of the sales space made available to the Member.
The Subscriber undertakes to promptly notify the E-marketer of any changes to the aforementioned data. The Subscriber guarantees the truthfulness and completeness of the information transmitted to the E-marketer and will respond directly to any errors, forgetfulness or failure to update.
The E-marketer will send the Member the confirmation of registration and the relevant credentials via an e-mail to the address indicated by the Member. With this message, the Participant will be notified of the acceptance of his request to join the E-marketplace. This contract will therefore be considered concluded and effective when the Subscriber receives acceptance from the E-marketer.
At the same time as registration, the Member will receive login credentials to the E-marketplace. The Adherent guarantees the confidentiality of the credentials that it undertakes not to communicate to third parties, recognizing that it will be the only one to answer for the consequences of the use, even fraudulent, of these elements and maintaining the exclusive responsibility for the activities, of any nature. they are, made on their account, declaring to indemnify and hold harmless the E-marketer from any and / or any claim, direct or indirect, should be advanced against the same, due to any violations of their
The E-marketer grants the Participant this access – personal, non-transferable and non-transferable – for the entire duration of the E-marketplace membership and for use limited to the needs arising from the execution of this
5. Content published on the E-marketplace
The Member acknowledges and accepts that, for reasons of presentation and ergonomics of the E-marketplace, the Contents will be presented according to the instructions indicated by the E-marketer.
The Member undertakes to ensure the effective availability of the products and services offered for sale in their space, so as to be able to promptly process orders received through the E-marketplace.
The Member also undertakes to update its catalog, inserting new publications, so as to make the offer proposed to the
It is up to the Member to verify the compliance of the Content that will be made public to validate its accuracy and detect any errors. Should an inaccuracy, error and / or omission of any kind be found, the Member undertakes to inform the E-marketer and
to correct them without delay. Likewise, if the E-marketer should be informed of any error that appears on any page relating to the Member, he will immediately inform the Member who in turn undertakes to immediately make the necessary changes and / or corrections. . In the event of a non-compliance due to an error, the Member undertakes to resolve all disputes arising with the Users, related to this incorrect information, and to inform the E-marketer.
In its capacity as host E-marketplace, the E-marketer is not required to have a general obligation to monitor the Contents prepared by the Member nor to the general obligation to search for facts and circumstances that reveal illegal activities. However, the E-marketer undertakes to delete any content placed online on the E-marketplace by the Member upon simple request of anyone who mentions the illicit nature or facts and circumstances that may reveal this
The Participant grants the E-marketer, free of charge and for the entire duration of his membership, a license to reproduce and represent all Contents published by him on the E-marketplace. The Participant therefore undertakes, not to hinder in any way the reproduction and representation of the aforementioned Contents by the E-marketer.
6. Publication of user evaluations
The Member explicitly authorizes the E-marketer to publish the ratings and / or reviews expressed by the Users and the related comments on the E-marketplace.
7. Obligations of the Member
For the entire duration of this contract, the Participant undertakes to:
not to copy, reproduce, download, republish, sell, distribute or resell any service provided by the E-marketer through the E-marketplace or any information, text, image, graphics, video, audio, directory, file, database, list and / or content available on the E-marketplace. The use of any content or material on the E-marketplace for any purpose other than those expressly permitted in this Agreement is prohibited. Furthermore, the Participant acknowledges and acknowledges that the Emarketplace www.edirama.store and all related brands and distinctive signs (by way of example: website, app, brand, etc.) are the exclusive property of the E-marketer ;
use the E-marketplace for the sole purpose of using the services offered therein and undertakes not to publish, transmit and / or otherwise disclose, through it, illegal content or in any case of an offensive, defamatory, damaging to the privacy of others vulgar, child pornography and / or contrary to morality content or that incite criminal conduct. It also undertakes not to publish, transmit and / or otherwise disclose, through the E-marketplace, content that includes or represents advertising for other products and services, even if not competing with those offered by the E-marketer;
not to use, allow or allow third parties to use the E-marketplace for acts against morality, public order or with the aim of harassing the peace of others, damaging, violating or attempting to violate the secret of correspondence and in any case not to use the E-marketplace in any way to commit or encourage the commission of illegal acts of any kind;
not to post defamatory, unfair or misleading information on the E-marketplace towards other Members and third parties;
use the E-marketplace and services as well as to conclude contracts for the purchase and sale of products and / or services, in order not to violate any antitrust law and not to behave in any way or to conclude any anti-competitive agreement such as, by way of example only, that or that consisting in the fixing of prices between competing firms;
take advantage of the E-marketplace and any services in accordance with the rules of law, the rules of the treaties and self-regulatory codes, including private ones, whether published or not on the E-marketplace.
The Subscriber undertakes to provide the E-marketer with all the information requested by the latter for the purpose of verifying the fulfillment of the obligations referred to herein
Failure to comply with the foregoing will result in the legal termination of this Agreement by the E-maketer
8. Obligations of the E-marketer
The E-marketer undertakes to keep the E-marketplace up-to-date and functioning, except for necessary breaks due to maintenance or updating or for any other technical reason. The E-marketer will not be liable for any interruptions and / or anomalies and / or flaws in the security system of the web service offered, where attributable to causes independent of their work; just as it will not be liable in any way in the event that the Member assumes that he has suffered financial or other damage, of any nature, as a direct and / or indirect consequence of using the E-marketplace.
the E-marketer is committed to promoting the edirama.store platform on web channels, so that it is visible to an increasingly public
The E-marketer undertakes to provide the Subscriber with access to the E-marketplace and any applications to it
The maintenance operations that may prevent the connection to the E-marketplace will be promptly communicated by the E-marketer, except in the case where interventions are necessary which, due to their particular urgency, do not allow to give the aforementioned
The costs of connection to the telematic network as well as those relating to computer and telematic equipment, software programs and any other tool or means necessary to connect to the E-marketplace are the sole and total responsibility of the Member.
By way of consideration for joining the E-marketplace, the Participant undertakes to recognize the E-marketer against suitable tax documentation:
a commission equal to 40% of the sales plus VAT if due
10. User Payment
The User will pay directly through the E-marketplace the total fees due to the Member for the purchase of goods and / or
The E-marketer will pay every 30 days, directly to the Member’s account, the fees for the purchase of goods and / or services paid by the Users at the time of purchase, net of the commissions established above due E-marketer, as per the accounting summary that will be sent together with the
By signing this Agreement, the Subscriber guarantees that:
is the owner of all rights relating to the publication and sale of the works, relieving the E-marketer from any recourse and / or claim for damages by the author or anyone else who can claim rights to the work itself;
all information and documents provided by the same are true and real and will therefore hold the E-marketer and the Users harmless and indemnified from any damage, loss, cost, expense and / or honor should derive from the incorrectness or the untruthfulness of the information and documents provided;
will hold harmless and harmless both the E-marketer and the Users from any damage, loss, cost, expense and / or charge or consequence that derives from the activity carried out by the same, none excluded;
12. Compliance with the conditions of membership and checks
With the signing of this Agreement, the Participant undertakes to fully comply with these General Conditions for the entire term of validity and declares his full and complete acceptance of them following his adhesion to the E-marketplace.
The E-marketer expressly reserves the right to verify compliance with the conditions of membership, requesting any further information from the Member, which the latter undertakes as of now to provide, under penalty of legal termination of this
If the Subscriber’s Conditions of Acceptance are not respected, at the time of signing this Agreement or subsequently, or the same makes false declarations regarding the same Conditions, the E-marketer reserves the right to terminate this Agreement with effect immediate, except in any case the right to compensation for any
The E-marketer reserves the right to take legal action against the Subscriber if the lack of the Conditions of the same, provided for in this contract, or the false statements made by the Subscriber, cause or may cause damage to the E-marketer, E-marketplace, Users or other subjects
13. Advertising on the E-marketplace
The E-marketer reserves the right, at its sole discretion, to place advertisements on the E-marketplace compatible with the activity carried out as well as links to other sites that comply with the obligations set out in these General Conditions.
14. Transfer of this Agreement
The Subscriber may not in any way and in any form transfer this Agreement to third parties, even partially, without the written consent of the E-marketer.
The E-marketer expressly reserves the right to transfer, for consideration or free, lease, in whole or in part, the E-marketplace to third parties, or grant them any rights related to the E-marketplace
In the event that the E-marketer intends, at its sole discretion, to make use of the option referred to in the previous point, it will notify the Adherents by direct communication, by registered letter with return receipt or PEC or by publication in a specific section of the E- marketplace.
15. Disclaimer for the E-marketer
The E-marketer is exonerated from any and all liability towards the Authors and any other entitled to the works published by the Participant on the E-market place, as it is the Participant himself who is responsible for what is published and sold. on the platform and guarantees its legitimacy.
The E-marketer will not be liable for direct or indirect, incidental or consequential damages, such as lost earnings, loss of business and / or commercial opportunities and anything that may derive from the management of the E-marketplace and the services provided, in the case of errors, omissions and inaccuracies in the data transmitted even in the event of interruptions, suspensions, delays and anomalies in the management of the E-marketplace and in the provision of services, even if deriving from technical problems, unless they are directly and immediately connected to intentional or grossly negligent behavior of the
The E-marketer will not be liable for direct or indirect, incidental or consequential damages, such as loss of earnings, loss of business and / or commercial opportunities and any other damage that may arise from computer intrusions or other illegitimate interference or use of data from unauthorized third parties as well as from commercial scams or other incorrect or illegitimate behavior by the participating companies, unless they are directly and immediately linked to a malicious or grossly negligent behavior of the E-marketer.
In no case will the E-marketer be held liable in relation to damages resulting from the malfunction of the E-marketplace, directly or indirectly attributable to conduct or omissions of the hosting
In no case will the E-marketer be held responsible for the fulfillment of the obligations arising from the contracts concluded by the Member with other participating parties or with Users.
The Participant undertakes to indemnify and hold harmless the E-marketer from any and / or any right or claim that may arise, even out of court, from such conduct or, in any case, as a consequence of the use of the E- marketplace and / or any of its
16. Responsibility of the Member
The Member undertakes to indemnify and hold harmless the E-marketer from any and / or any right or claim that may be advanced against him in relation to the obligations that the Member has undertaken to fulfill towards the User.
The Member assumes full and fuller responsibility for the content provided by him and published on the E-marketplace. Therefore, the E-marketer will in no case be responsible for errors, omissions and inaccuracies in the data entered on the E-marketplace by the Member and / or by others
If disputes arise between the Adherents and Users and / or third parties and, as a consequence of this, legal actions are taken against the E-marketer by Adherents and / or third parties, the Adherent undertakes to compensate the E-marketer of the damages suffered as a result of such actions, if they have directly or indirectly caused them, proceeding to the reimbursement of all costs and expenses incurred, including those
17. Protection of the image of the E-marketer
The Participant, without prejudice to the other obligations placed on him by this Agreement, expressly undertakes to:
operate on the E-marketplace respecting the highest standards of fairness and professionalism and, in any case, to refrain from any action, initiative or behavior that could be or become inconvenient or prejudicial to the image or reputation of the E-marketer or that could bring discredit or harm to the same;
to ensure that its managers, collaborators, employees, subordinates, representatives and anyone who participates in activities committed under this Agreement refrain from any action, initiative or behavior referred to in paragraph
18. Duration and withdrawal
This Agreement has an indefinite duration and will enter into force from the moment the Subscriber receives confirmation of registration in the E-marketplace (art. 4 point 4)
The Parties may withdraw at any time with 30 days’ notice, to be communicated by registered letter with return receipt or via
The withdrawal exercised by the E-marketer will not entail the payment of any penalty and / or reimbursement and / or compensation and / or consideration in favor of the Member, without prejudice to the E-marketer’s right to compensation for any damage that the latter may suffer due to the termination of the Contract and without prejudice to the obligation of the Member to pay the E-marketer, even after the termination, any amount due by virtue of the non-compliance with these Conditions
Except for the disclosure obligations imposed by the applicable legal provisions or by provisions of competent authorities, the Member undertakes to keep it strictly confidential and confidential, not to disclose to third parties and not to use, except for what is strictly necessary for the purposes of the execution of the General Conditions referred to in this Agreement, any data or information of which it has been made aware or simply has become aware in any form and / or on any support on the occasion and / or in relation to the negotiation, subscription and / or execution of this Agreement.
The Subscriber therefore undertakes not to communicate and not to disclose, in the course of this Agreement and even after its termination, in any way and by any means, the Confidential Information (referred to in the previous paragraph) of which it came to
The adherent undertakes, also pursuant to art. 1381 of the Italian Civil Code, to ensure that all third parties to whom the Confidential Information indicated above will be made available for the purpose of executing the General Conditions referred to in this Agreement – including their employees – act in compliance with the confidentiality obligations referred to
The violation, even partial, of the aforementioned obligations, in addition to giving the E-marketer the right to terminate this Agreement with immediate effect, without prior notice or compensation, will entail the right of the E-marketer himself to be compensated
20. Express termination clause
Without prejudice to any compensation for damage, this Agreement will be terminated by law pursuant to art. 1456 of the Italian Civil Code in the event that the Member should violate even one of the following obligations: payment of the fees, where due, use of the E-marketplace and methods of concluding (including the timely delivery of the goods) of the sale to the User, ‘Adherent, Compliance with the Conditions of Adhesion and verifications, transfer of this
Upon the occurrence of any of the events referred to in the previous point, the termination of the contract will operate by law from the moment of receipt by the Participant of a communication by registered letter with return receipt or via PEC, containing the contestation of the non-fulfillment and the ‘E-marketer’s intention to make use of this express termination clause.
21. Applicable law and competent court
This Agreement is governed exclusively by Italian law, also in accordance with the provisions of art. 3 of the Rome Convention of 19 June 1980 on the law applicable to obligations
All disputes that may arise regarding the interpretation, validity and execution of this agreement will be devolved to the exclusive jurisdiction of the Court of Bologna, the place where the E-marketer has its registered office, any different rules of law being considered by consensus competence