Teascanner Terms and Conditions of the Sale Service on the Marketplace

GENERAL PREMISES

These General Terms and Conditions of Sale on the Marketplace govern the offer and sale of Goods and Services carried out remotely via the Platform.

Seller offers and sells its Goods and/or Services via the Platform, in accordance with the Terms and Conditions set out in the present Annexe and those set out by the Sellers itself. For this purpose the Seller needs to undertake disclosure and make them available to the Buyers before the conclusion of the purchase contract.

Nue s.r.l. it is - and will always be - unrelated to the Purchase Contracts.

1. GOODS AND SERVICES ON SALE VIA THE PLATFORM

Goods and Services on sale via the Platform related to the commercial sector of Tea and include, for example, drinks, infusions, tea leaves, and any other accessories connected to Tea consumption and storage.

For each Good or Service, the Seller undertakes to provide Customers with any useful and mandatory information pursuant to the Applicable Laws, as well as a detailed description (also by images), the Price, delivery methods and costs, publishing them on a section named "Product Sheet".

The Seller is expressly prohibited from promoting and advertising on the Platform, its own e-commerce Website or other Websites and/or other sales platforms, through whatever links, images, text, contents etc.

2. USERS’ REGISTRATION PROCEDURE

Users can make a purchase through the Platform only after registering and only if they are at least 18 years of age.

Pursuant to art. 3, I comma, lett. a) of the Consumer Code, a consumer is an individual acting not in connection with an entrepreneurial, commercial, craft or professional activity.

Registration with the Website enables users, through a reserved and personal area/account, to do the following:

check the tracking of the shipment and status of the orders placed via the Platform;
check the history of orders placed;
check the list of shipping addresses added during the purchase;
manage their personal data and modify them at any time;
benefit from the dedicated services that may be activated by the Platform or the Seller, from time to time;
review each actually made purchase and, regarding that experience, express an evaluation opinion on the Seller's performance.

The User is liable for the login credentials use and safekeeping. They can be used only by the User and cannot be transferred to third parties. The User undertakes to keep the login credentials secret and to ensure that no third parties have access to them. The User also undertakes to immediately inform Nue s.r.l. – using the email address marketing@teascanner.com - in the event that suspects or becomes aware that such data are being unduly used or disclosed.

The User is liable for the truthfulness of the information provided with the Registration Application Form and undertakes to indemnify and hold harmless Nue s.r.l. from any damage suffered, including any compensation obligation and/or penalties, deriving from and/or connected to the breach of registration and onboarding procedures and Login Credentials safe keeping rules.

3. INFORMATION, PROCEDURE AND CONSEQUENCES OF THE PURCHASE CONTRACT

Pursuant to the Applicable Laws on e-commerce, the Seller informs the User/Buyer of the following:

In order to execute a purchase contract concerning one or more Products on the Website, the user is required to fill in an order form in digital format and send it to the Seller, through the Platform, following the instructions that will be provided on the Website, from time to time;
Before proceeding with the purchase of the Good or Service, the User must have carefully read the Good or Service Features Sheet (“Product Sheet”);
Once the order form has been registered, the Buyer will be asked to accept the General Terms and Conditions of Sale Service referred to in this Annexe and the General Terms and Conditions of Sale set up by Seller;
The Purchase Contract is concluded when the Seller accepts the purchase order;
Each order will be processed by each Seller, within 72 hours from the relative request.

The User can still make multiple orders of purchase even if directed to different Sellers;

once the order form has been accepted by the Seller, the User will receive a confirmation email to its email address;
the User will be able to access the order form and/or the related data through its personal account.

The Purchase Contract is entered into between the Seller and the Buyer, in accordance with the provisions of the General Terms and Conditions of Sale Service of the MarketPlace and in the General Terms and Conditions of Sale set up by the Seller. Therefore, the Seller is the sole and exclusive person liable for the conclusion and execution of the Purchase contract while Nue s.r.l. is always unrelated and exonerated from any liability deriving from the conclusion, termination and/or execution or non-execution of the Purchase Contract.

The Seller undertakes to hold Nue s.r.l. harmless and indemnified, from any liability arising from or in any case connected with the conclusion, termination, failure to conclude and/or execution and/or failure to execute the Purchase Contract.

4. SELLER’S LIABILITY AND WARRENTY

The Seller is aware and accepts to be the sole person liable for the activities carried out and the Goods and Services promoted through the Platform, and undertakes to comply with the Applicable Laws with particular reference to the provisions of the Consumer Code, to Legislative Decree 14 March 2014, n. 14, where applicable, and, in general, to all Regulations and Laws about e-commerce, distance contracts, personal data protection, marketing of food stuff, etc.

The Seller declares and acknowledges that it is solely person liable for the offer and the sale of Goods and Services, for the Purchase Contract and the consequent relationship with the Buyer, and furthermore for the truthfulness, correctness, completeness, accuracy, non-misleading of the mandatory information and of the Legal Documentation provided and/or make available to the Customers and Buyers.

The Seller declares and guarantees that in its General Terms and Conditions of Sale will not insert terms and/or conditions contrary to the Applicable Laws and/or information and/or data that do not correspond to the true and/or not exhaustive and/or incorrect and/or not accurate and undertakes to keep Nue s.r.l. harmless and to indemnify from any damage, including sanctions by the competent authorities, which may arise in the event of this provision breach.

Therefore the Seller undertakes: (1) making the Buyer available, on the “Product Sheet”, all the Mandatory Information and particularly those required by the Electronic Commerce Decree, the Consumer Code and the D. Lgs. 14 March 2014, n. 49, where applicable, before the conclusion of the Purchase Contract; (2) after the conclusion of the Purchase Contract and before its execution, providing the Buyer the Mandatory Information, already made available in the pre-contractual phase, on a durable medium, in accordance with the Applicable Laws and, in particular, the Consumer Code; (3) making available and/or provide, as appropriate, the Legal Documentation, in accordance with the provisions of the applicable Laws and, in particular, of the Consumer Code.

The Seller declares and guarantees that the Goods and Services Offer and/or Sale on the MarketPlace do not violate the rights of any third parties. Particularly they do not violate the Product manufacturer's rights and/or the brands owner and/or licensee rights and they are fully compliant with the Applicable Law.

In particular, the Seller declares and guarantees that: (1) the Products and/or trademark(s) identifying them are authentic, original and not counterfeit (2) the Products have been lawfully put on the market of the European Union and lawfully purchased (3) the Products are not subject to any selective distribution agreements and/or agreements prohibiting the distribution of the same by any third parties, including for the purposes of their online resale; (4) in the event that the Seller is not the manufacturer of the Products, the Seller has purchased them from persons entitled to the sale and/or distribution of the same.

The Seller represents and warrants that the Goods and Services on sale are compliant with the Applicable Laws on: distance sales and e-commerce; protection of consumer rights; prohibition of sale to minors; labelling; legal guarantee of conformity; copyright and intellectual property rights; fair competition, etc..

Furthermore, the Seller will represents and warrants that Goods and Services Offer and Sale will not contain erotic, pedo- pornographic, pornographic, dangerous, defamatory and/or obscene material; it will not be included on the List of Banned Products.

The Seller undertakes not to promote and advertise on the Platform, its own e-commerce Website or other Websites and/or other sales platforms, through whatever links, images, text, contents etc.

The Seller is, and acknowledges to be, the sole person liable for the compliance of the Products to the characteristics and requirements, including their availability, made available or provided to the Customer, and assumes, directly, any risk arising from and/or related to such responsibility, hereby undertaking to hold Nue s.r.l. indemnified and harmless in that regard.

The Seller is, and acknowledges to be, the sole responsible, inter alia, for the following: (1) the delivery of the Products to the Buyer; (2) the application of the Right of Withdrawal or its exclusion; (3) the application, or failed application of the Legal Guarantee of Conformity, and undertakes to hold Nue s.r.l. indemnified and harmless against any damage that the same may suffer in connection with any breach of the Applicable Laws.

In any case, Nue s.r.l. reserves the right to do the following: (1) prohibit the Seller from including in the Catalogue, or remove from the Catalogue if already included, Products appearing on the List of Banned Products or non compliant to the Applicable Laws, the Contract, the Legal Documentation, the Mandatory Information and/or the Purchase Contract; (2) suspend the commercialisation of the Products, in the event that it is not compliant to the Contract and/or the Purchase Contract and/or the Seller's General Terms and Conditions of Sale Service; (3) adopt any measures that may be reasonably necessary or useful in order to prevent the commercialisation of Products that are not compliant to the Applicable Laws, included in the List of Banned Products and/or in an incorrect or non-relevant product category of the Catalogue, promptly informing the Seller thereof.

5. AMENDEMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE SERVICE ON THE MARKETPLACE

Any amendments to these Marketplace Terms and Conditions of Sale will be effective from the time of their disclosure on the Website and will not have retroactive effectiveness.

Buyers and Sellers are therefore invited to regularly access the Platform and to consult the most up-to-date version of these "General Terms and Conditions of Sale on the Marketplace", before making any purchase.

Consequently the applicable General Terms and Conditions of Sale are those in force on the date of the purchase order sent.

The Buyer, by sending the confirmation of his purchase order unconditionally accepts and undertakes to observe, in his relations with the Seller, these "General Terms and Conditions of Sale on the Marketplace" and the payment methods as well as declares to have read and accepted all the information provided, pursuant to the aforementioned regulations. The Buyer also accepts that the Seller cannot be engaged in different Terms and Conditions unless previously agreed in writing. The order forwarding confirmation implies the full knowledge and acceptance of mentioned Terms and Conditions of Sale Service on the Marketplace.

6. SELLER’S INFORMATION REQUIREMENTS

Without prejudice to all the provisions contained in the articles above and the requirements to comply with the Applicable Laws, the Seller, most notably, in connection with each offer, undertakes to provide: (1) the price of Goods and Services inclusive of VAT; in the event the Seller decide to indicate Goods and Services prices in a different currency, the Platform will directly provide the conversion into Euro, using a proprietary algorithm; (2) the delivery costs applicable to each delivery method offered to the Customer; (3) any other costs and/or charges that the Buyer is required to pay in connection with the Product; (4) the date by which the same undertakes to deliver the good and/or provide the service; (5) the terms and conditions that apply to the exercise of the Right of Withdrawal, including the address to which the Buyer shall send the withdrawal notice and the address where the Buyer shall return the Products; (6) the main characteristics of the Products; (7) the modalities in which the Legal Guarantee of Conformity can be exercised by the Buyer; (8) if applicable, the exclusion of the Right of Withdrawal and the conditions and circumstances in which it is not possible for the Buyer to exercise said right.

7. PURCHASE CONTRACTS

The Seller undertakes not to redirect its Customers and/or Buyers to its Sales Channels, and not to redirect any transactions with the Customers and/or Buyers outside the Platform, and not to promote or to advertise Sales Channel different from the Teascanner Platform, undertaking, to the greatest possible extent and as set forth by Applicable Laws, to communicate with the Customers and Buyers through the specific messaging system offered by the Platform.

8. PAYMENT OF THE PURCHASE PRICE

The Buyer will be able to purchase Goods and Services on the Platform only by Credit Cards or Paypal, through Mangopay payment technologies.

The data relating to credit cards used for purchases on the Platform will be kept, protected and treated only by Mangopay and not shared with the Teascanner Platform manager.

Sales Proceeds will be credited directly to the Seller's personal E-Wallet, through Mangopay payment services.

The Seller’s E-Wallet is managed directly by the Platform and the Seller can access it whenever he wants through his personal dashboard, according to Mangopay Terms and Conditions.

The payment of the Buyer’s purchase order is directly credited on the Seller’s personal E-Wallet. The Seller undertakes to accept the Buyer’s purchase order within 72 hours from its send. In case he will not, the purchase order will be automatically refused and the payment will be refunded to the Buyer.

The Seller undertakes to ship the accepted order within 7 days since it’s been accepted. In case of missed or late shipped, the purchase order will be refused and the relative payment will be refunded to the Buyer.

Each month, the Seller will be able to transfer the revenues of sales successfully completed – minus Nue s.r.l.’s commissions - from the E-Wallet to his bank account or Paypal. The transfer requested after the 28th of each month will be free of commissions; the transfer requested before that date will be charged with a fixed fee € 3,00.

The Seller undertakes to accept the Terms and Conditions of the contract governing the Seller's Payment Account and of the contract governing the Mangopay payment services.

9. ACCEPTANCE OR REFUSAL OF THE PURCHASE ORDER

The Seller undertakes to accept or refuse the Buyer’s purchase orders within 72 hours from their send.

The Seller undertakes to deliver the Products within the terms indicated in the Seller's General Conditions of Sale and, in any case, to arrange for the shipment of the goods no later than 7 days from the acceptance of the order.

In relation to each Offer and/or Product and/or Service, the Seller undertakes to indicate to all Customer the processing times of the order and/or shipping and undertakes to communicate to the Buyer all information regarding the shipping date – which must take place within 7 days counting from the purchase order acceptance - the delivery date, the status and details of the shipment and/or delivery, including any relevant documentation as well as the name of the carrier in charge of the delivery.

10. BUYER’S WITHDRAWAL AND CLAIMS

The Seller is the sole person liable for application of the Right of Withdrawal and the Legal Guarantee of Conformity, and the Applicable Laws on marketing of food stuff.

The Buyer can and must, therefore, contact the Seller to exercise these rights under the terms provided for by the Consumer Code (14 days from the conclusion of the contract). Nue s.r.l., who is foreign to the Purchase Contract, undertakes to promptly forward to the Seller any requests about exercising the Right of Withdrawal and/or Legal Guarantee of Conformity that may be received by mistake.

The Seller is the sole responsible for any claims, complaints, disputes, suits, requests for refund and/or compensation - including for damages of any kind, known and unknown, suspected and non-suspected, reported and unreported – that might be made by Customers and/or Purchasers, other Sellers and/or any other third party (each individually and all collectively the “Disputes”), and for any damages and/ or prejudice that the Customers, Purchasers, other Sellers and/or any other third party might suffer (“Damages”) as a consequence of any Good or Service sale on the Marketplace.

Therefore, regarding the paragraph above, the Seller undertakes to hold harmless and indemnify Nue s.r.l. from any damage and/or claim and/or dispute.

The Seller is (and the same represents and acknowledges to be) the sole responsible for: (1) managing the Buyers’ request about: Purchase Contract withdrawal; Purchase Contract termination; product change or return and/or relative refunds, in accordance with the Applicable Laws, the Terms and Conditions of Sale, Legal Documentation, and Purchase Contract; (2) calculating and paying the reimbursement within the period set forth by law, in accordance with the Applicable Laws, the Terms and Conditions of Sale, Legal Documentation, and Purchase Contract.

In the circumstance the Seller will not promptly manage the Buyer’s claim or will reject it, the Buyer will be allowed to forward the claim directly to the Teascanner Platform. In the event that, at the end of the proceeding, the Platform will decide to rembourse the Buyer, the relative amount will be withdrawn from the Seller’s E-Wallet and the Seller itself will be reached by a “warning”. Nue s.r.l. reserves the right to ban from the Platform the Seller who will have accrued three warnings.

In the circumstance the Seller does not respond to the refund request within 7 days, Teascanner will automatically accept the request and refund the Buyer.

11. ANOMALIES ON THE USER / PURCHASER ACCOUNT

In the event of orders, placed by anyone, that appear suspicious in consideration of the quantity of products purchased, or the frequency of the purchases made, the Seller, in agreement with Nue s.r.l., reserves the right to take any actions that may be necessary to ensure the interruption of any such conduct, including the suspension of the access to the Website, the cancellation of the registration with the Website, or rejection or cancellation of irregular orders.

12. SELLER'S REPUTATION AND FEEDBACK

The Platform provides Customers/Buyers with a system to rate and review the Seller's performance as well as the Goods and Services purchased.

For this purpose, after having received the Good or Service purchased through the Platform, the Customer will receive an email to its email address, in which he will be asked to rate its experience. The rating is based on multiple indices: (1) quality of the product received; (2) value for money; (3) clarity of the information received and Seller's reliability; (3) promptness of delivery; (4) overall evaluation of the shopping experience.

The Buyer may also leave a specific comment that will be visible to the Seller, who will have the right to reply.

The opinions and comments expressed by the Buyers will be visible on the “Product Sheet” and on the “Seller Page”.

13. TERMS AND CONDITIONS MANGOPAY

You confirm that you have read and agree to these Terms and Conditions, the Additional Terms and Conditions of the Professional Seller, the terms and conditions of MANGOPAY SA and any other contractual documentation referred to in these Terms and Conditions.