These terms and conditions of use apply to any use of the online site and represent a legal agreement between the user and Prima Solution S.r.l. (hereafter, Prima Solution or simply “we”), with registered office in Via Oriolo Romano 59, 00189, Rome, Italy, owner of the online Platform www.mdsitalia.it (hereafter, the Platform). By accessing or using the Site online, you agree to be bound by these Terms of Use. Read these Terms of Use carefully to find out what your rights and obligations are when you use the platform.
Any updates, modifications, or additions to these Terms & Conditions will be directly reported on this page, without any due notice from Prima Solution.
Users can view the update date of the Terms & Conditions at the bottom of the page, and are invited to periodically check the page to view and accept any updates and changes made.
Description of service:
Prima Solution offers an online platform where it is possible to bid, buy and sell special items (“Object”) or experiential content through the mechanism of automated online auctions (“Online Auctions”). We consider “Users” (or “you”) all those who use the Site online. Users who purchase Items or experiences are referred to as “Buyers” and Users who sell (or intend to sell) Items are referred to as “Sellers”. The use of any Service on our Online Site implies explicit consent for Prima Solution to provide the Service to both the Buyer and the Seller.
Prima Solution does not intervene as a party in the Sales Contract. Prima Solution is not a party to or subject to the Contract of Sale or any other agreement entered into between the Buyer and the Seller pursuant to the Contract of Sale between the Buyer and the Seller (including, but not limited to, shipping agreements). Prima Solution (therefore) is not subject to any post-contractual information obligation. A Seller who uses our Online Site to present an Item for auction makes a binding offer to enter into the Contract of Sale for that Item with a prospective Buyer. A Buyer accepts the proposal to enter into a Sales Agreement by submitting an offer. The Buyer who is the highest bidder at the end of the auction will automatically enter into a Contract of Sale with the Seller for a specific Item for the amount of the highest Bid (the “Purchase Price”).
Your Privacy:
Compliance with the correct processing of your personal data is important to us. You can consult our Privacy Policy to find out how your personal data is handled. By accessing or using our online site, you acknowledge that we may process your personal data for the purposes described in our Privacy Policy.
Your Mdsitalia Account:
Before you can use our Services, you will need to create a Mdsitalia account (“Account”). In principle and to the extent permitted by applicable law, including the laws and regulations on economic sanctions applicable to Mdsitalia, anyone can register with Mdsitalia. However, if you are not of legal age or otherwise legally incapable of acting, you will need to obtain the consent of your legal guardian(s).
The legal jurisdiction of the user’s country of origin takes precedence over any article of these Terms & Conditions, which is why, if the user is subject to the jurisdiction of a country that provides for a restriction on the use of the Platform, and of the functions or various features provided for reasons of age, or limits the possibility of accepting these Terms & Conditions for other reasons, the user is obliged to comply with these limits.
The following are the rules relating to the use of the Account:
Provide accurate information. When creating your Account, you are required to provide complete and truthful information about yourself or your company. You may not provide false information, impersonate another person or company through your Account, or use your Account on behalf of another person to circumvent our Terms of Use or policies. You must always keep your Account information up to date. Prima Solution is not responsible for any damage resulting from false or inaccurate information provided by a User.
Choose a suitable username. Your Account username (and, if applicable, Vendor name) must be appropriate and not considered offensive, vulgar or misleading, and may not infringe any intellectual property rights or other rights of any third party, or otherwise violate the Terms of Use.
Protect your Account. You must always keep your username and password combination secret. You are solely responsible for any activity related to your Account. Prima Solution has the right to assume that only you are able to log in using your username and password.
Restrictions on your Account. To ensure that our Online Site remains reliable and secure, we reserve the right (i) to deny you the ability to create or cancel an Account, (ii) to restrict or limit the use of your Account, (iii) to remove your Account, and (iv) to terminate your right to access the Account.
Restrictions Applicable to Connected Accounts. In addition to the foregoing, we may also suspend, limit or terminate your use of our Online Site under any other Account used by you, linked to you, or used in accordance with your instructions (“Linked Account”). We may assume that an Account is a Linked Account when we can manually or automatically compare sufficient overlapping data between different Accounts. As a result, we may take any of the protective measures listed in the Terms of Use for Sellers and/or the Terms of Use for Buyers with respect to all Connected Accounts. In the event that you do not agree with our conclusions, you will bear the burden of proof that the relevant Accounts are not Accounts linked to your activity.
If you violate the Terms of Use, you will no longer be allowed to use our platform or register.
In the event that we have taken steps to restrict, limit, suspend or cancel your Account in accordance with our Terms of Use, you will not be permitted to register under another Account or access and use our Online Site through another User’s Account.
The user agrees to immediately notify Prima Solution – by email to info@mdsitalia.it – of any improper use of the account
Auction and Sale Rules:
Off-platform deals are not permitted. Our Users are not permitted to carry out activities, whether intentional or not, which avoid Mdsitalia commissions. This includes:
– Propose to buy or sell outside Mdsitalia;
– Insert links or promote sites, articles or catalogs that can be used to order items outside Mdsitalia;
– Require the Buyer to make additional purchases or accept terms outside the advertisement;
– Cancel or fail to complete a contract after a closed auction because the desired price has not been reached;
– Falsely cancel orders by giving the reason “the Buyer has not paid”, or refuse payment at the end of a successful transaction.
You are not permitted to directly contact other Users or third parties to conclude a Sales Agreement outside Mdsitalia. As regards the Items up for auction on our Online Site, you are not allowed to directly contact other Users or third parties to conclude a Sales Contract outside Mdsitalia. This restriction is necessary, because selling an Object through another sales channel while it is in one of our Online Auctions would mean not only a violation of the trust of our Users, but also a direct violation of our Terms of Use and the Sales Agreement (since the resulting obligations can no longer be fulfilled).
We may remove a Bid from an Online Auction. We have the right, at our discretion, to remove a Bid in an Online Auction if we deem it necessary (for example, in case of possible abuse or fraud and in case of an obvious mistake).
Marketplace section auction regulation:
Mdsitalia is unable to verify the quality and authenticity of the Goods listed in the Shop section of the Platform, nor does it have control over some of the activities or actions of the Sellers who list the aforementioned Goods. All descriptions of the Goods, conditions included, are provided by the Sellers under their sole responsibility, and Mdsitalia does not guarantee or certify the accuracy, completeness or adequacy of the information relating to a Good. Mdsitalia does not independently verify the information provided by the Sellers, and the sole and total responsibility for verifying and evaluating whether a Good is adequate falls on the user. Similarly, the user acknowledges and accepts that Mdsitalia is not responsible for any content published by the Sellers, and therefore assumes no responsibility or merit for such content.
Messaging:
Users registered on the platform can exchange messages with each other and also with Mdsitalia, which has the right, but not the obligation, to monitor every activity and content present in the messages. The user agrees and acknowledges that his messages are accessible to Mdsitalia and members of his team, exclusively for purposes related to the use of the service. Mdsitalia and its employees, collaborators or anyone who has access to this data, undertake not to disseminate any content in this section in any way.
Rates and Payments:
Buyers and successful bidders will have to pay the price of the Final Good, at the award amount, with the addition of other applicable costs or shipping costs (including shipping costs related to the return of the goods if the user rejects an auction or direct sale item), insurance costs, costs related to the passage through customs, service costs, etc.
We may change our rates from time to time by posting the changes on the site or in the Messages section 15 (fifteen) days prior to the effective date of the change. In the event that the user does not intend to accept the new rates, the user may close his account without consequences within 15 (fifteen) days of notification of the change in rates. In order to process transactions, Mdsitalia makes use of various payment services; the specifics of these services also include the management of information traffic. Mdsitalia is not responsible for the actions or efficiency of the above services, not being affiliated with any of these, as a result, Mdsitalia divests itself of all responsibility for the actions attributable to each of these services, including those relating to payments; for what concerns any damage or loss, the user acknowledges the non-responsibility of Mdsitalia.
As a rule, the Good in question is assigned exclusively following a regular payment, finalized through the platform. With respect to each payment transaction, the user agrees and undertakes not to provide an invalid method or without the necessary authorization, and acknowledges each payment as final and non-refundable.
For any question relating to payment transactions, do not hesitate to contact us at the following address: info@mdsitalia.it
Copyright:
All contents present on the platform, unless otherwise provided, are produced, protected by copyright, by Prima Solution or its third-party suppliers or authorized users. The set of all contents (and their mutual distribution) is the property of Prima Solution, and is protected by Italian copyright law. Except where specified, there is no authorization to modify, copy, distribute (for a fee), transmit, display, reproduce, reuse, publish, license, download, store for later use, inspire other works, transfer or sell any information or content obtained through the Platform, whether in part or in its entirety. The authorization can be recognized only upon request to Prima Solution or its affiliated third parties or authorized users. The use of content by users without authorization may violate copyright and copyright laws and is sanctioned by them.
Your ownership and licenses:
While using our Online Site, you may upload material such as descriptions of Items, photographs of your Items, videos etc (“User Material”). The following rules apply to any uploaded User Material:
You understand and agree that you are responsible for User Material that you post to the Online Site. You understand and agree that any User Material you upload or post to the Online Site:
– It is not fallacious, inappropriate or false;
– It is not discriminatory and/or derogatory in any way and is not otherwise offensive, does not incite violence and/or harassment of other people and, in the opinion of Mdsitalia, is not in conflict with morality and good taste, is not violent, does not contain links to pornographic material or pornographic websites, and does not promote illegal activities;
– Does not in any way prejudice the good reputation of Mdsitalia, of the companies connected to it and/or of its employees;
– It is free of charge, does not violate laws or regulations or the Terms of Use, does not violate the rights of third parties (including, for the avoidance of doubt, intellectual property rights and other proprietary rights) and does not in any other way constitute an offense against third parties or Mdsitalia;
– In the event that such User Material contains personal data, the uploading or posting of the User Material complies with applicable privacy laws.
By posting User Material on our Online Site, you grant Mdsitalia a free, partial rights-exempt, worldwide, non-exclusive, perpetual and non-revocable license that allows you to make public domain your User Material and/or to reproduce it for all the purposes that Mdsitalia deems necessary (including promotional purposes). However, you retain all intellectual property rights in your User Material.
This license allows us to promote your Items and to promote our Site online in any format and through any channel both online and live. Under this license, we have the right to translate your User Material and promote it on our main page for the purpose of promoting your Items and/or our Site online. It is also for this reason that the license does not terminate if your account is canceled or when you decide to stop using the online site. You also agree not to claim any moral rights on the use of User Materials against Mdsitalia.
We have the right to have User Material relating to a given Object translated (including automated translations) so that the Objects can be presented to Users in different countries. We may, at our discretion and in exceptional circumstances, change the description of the Item, remove the Item from the auction and terminate a Contract of Sale. The cancellation of the transaction means that Mdsitalia’s role as mediator in the conclusion and/or execution of the Sales Contract comes to an immediate and irrevocable end. Such circumstances include incorrect descriptions of the Object and translation errors.
We have the right to remove or edit your User Material from the Online Site, without being liable for any damages and without being obligated to pay any compensation to anyone.
If you believe that any User Material is illegal, we kindly ask you to let us know. The only obligation of Mdsitalia is to remove User Material of an unequivocally illegal nature after having received a report. We may decline a request to block or remove User Material or cease activity if we have any doubts about the validity of the communication or the legitimacy of the evidence provided.
Monitoring / Termination:
Mdsitalia holds the right to ascertain and prosecute any transgressions regarding the above according to the provisions of the law. The user acknowledges that Mdsitalia is not burdened by any obligation to monitor access to the platform, but has the right to apply such measures for the purpose of supervising the Platform and providing the aforementioned services, to ensure that the user complies with the Terms & Conditions, and complies with a legal obligation or a court, a government agency or other institutional bodies. Mdsitalia has the right, but not the obligation, to supervise any activity and content related to the Platform. Mdsitalia reserves the right to investigate any violations and complaints concerning the Platform’s policies; he is also the holder of the right to exercise any type of appropriate action. Furthermore, it reserves the right, at any time, and without any notice or reason, to suspend, close an account, to partially or totally limit its use.
Disclaimer:
Although Mdsitalia aims to set up an efficient and reliable Platform, the information, the Platform, the Goods and the descriptions of the Goods and services may contain errors, omissions and other inaccuracies. The user independently bears the risk deriving from the use of the Platform and the related services, information on the Goods and information published on it.
Mdsitalia does not offer guarantees regarding the correct functioning of the Platform, nor does it ensure that the files or information downloaded from the Platform are free from viruses, contaminations or features that are potentially harmful to the user.
Waiver of Rights / Disclaimers:
Since Prima Solution cannot be held responsible for any declaration, promise, information or communication provided by the Sellers, or for the conditions or authenticity of any Good (and the user’s satisfaction with respect to a Good), and since it does not declare certain any affirmation about the possibility of making part or all of the payments deductible from taxes, Prima Solution is exempt from any appeal presented by tax government bodies regarding statements made by users.
Law:
The aforementioned Terms & Conditions have been drawn up and compliance will be ensured in accordance with Italian law. The User and Prima Solution both agree to settle any dispute according to the terms of this law.
Terms and Termination:
From the moment the user accesses the Platform, the Terms & Conditions become effective and remain so, binding and enforceable for the time in which the user will use the Platform. Furthermore, Prima Solution has the right to pursue legal actions if a user uses the Platform with misleading reasons or against the law, or the use of the Platform violates these Terms & Conditions. The exercise of this right by Prima Solution is aimed at defending its name, its credibility, its business and other users. In addition to this, Prima Solution reserves the right to interrupt the use of the Platform by a user, with or without justification. The interruption of the activity will be experienced promptly and without notice. The user who does not agree with the Terms & Conditions will have the right to interrupt the use of the Platform and its services. The user can also obtain the removal of information related to the account, if he has previously registered, by sending an email to info@mdsitalia.it.
Modification of the Terms of Use:
Prima Solution may modify or supplement these Terms of Use at any time by posting the revised Terms of Use on the Online Site. If a change or addition materially affects your rights or obligations, we will notify you by email, or we will notify you of the changes while you use the Online Site.
If you continue to use the Online Site after the modification or integration of the Terms of use, you demonstrate by this that you irrevocably accept the Terms of use in the new modified or integrated version. In the event that you do not accept the amended or supplemented Terms of Use, you may (and will need to) discontinue your use of the Online Site and delete your Account.
Prima Solution reserves the right to transfer the rights and obligations deriving from the Terms of Use to third parties, in which case you will be informed. If you do not find the transfer of obligations to a third party acceptable, you may discontinue using the Online Site and cancel your Account, subject to the applicability of the Terms of Use, including Article 9 of these General Terms of Use.
It is the right of Prima Solution to possibly limit access and use of the Platform to jurisdictions, persons and geographical areas.
With regard to the provisions of the Terms & Conditions or in relation to the use of the Platform, the user and Prima Solution are not bound by joint ventures, partnerships, terms of employment.
Severability Clause
In the event that one or more provisions of the Terms of Use are null or void in whole or in part for any reason, the User and Prima Solution remain bound by the remaining Terms of Use. We will replace the void and/or invalid part (in relation to the specific User or the specific situation) with valid provisions. Such new provisions will have legal consequences as much as possible in line with the invalid provisions, according to the content and object of the Terms of Use.
LAST UPDATED: June 20, 2023