The www.eastmarketplace.com website (the "Site"), managed and owned by Learning to Fly S.r.l. (“LTF”), is an e-commerce platform that offers users the ability to bid, sell and buy items, in various sales formats and from anywhere.
Conditions for the use of the Site and Services
The use of the Site and any use of the LFT Services implies that users are prohibited from:
• violating the law, the rights of others or the rules established by LTF
• use the Site or the Services of the Site in the absence of the ability to act and enter into legally binding contracts (for example, due to minors or due to temporary suspension or revocation of the user from the right to use the Services)
• manipulate the price of objects to interfere with the advertisements of other users
• publish false, inaccurate, misleading, defamatory or offensive datas
• transfer the LTF account and / or user ID to others without LTF's consent
• use or post spamming, chain messages or pyramid sales schemes
• use the contact information of other users for purposes other than the conclusion of a specific transaction on the Site (including the use of such information to send advertising materials directly to users, unless these users have given their explicit consent to receive such materials)
• spread viruses or any other technology aimed at damaging the Site or the interests or property rights of other users
• use robots, spiders, scrapers or other automated tools to access the Site Services
• copy, modify or disseminate the rights or contents of the Site or the Services or the intellectual property rights and trademarks registered by LTF
• copy, reproduce, reverse engineer, modify, create derivative works, distribute or publicly disseminate any content (except for information of the user himself) of the Site or Services without the prior authorization of LTF and third parties
• collect information about users, including email addresses, without their consent
• contact other users directly to negotiate and / or conclude a transaction relating to a product outside the Site or, in general, in such a way as to prejudice LTF rights or interests
• disseminate links to other websites and / or identifying elements of other websites on which the products would also be sold
• not to disclose personal or banking data through the Site unless necessary for the conclusion of the sales of the products published on the Site.
Restrictions and limitations in the use of the Site, the Services or the LTF account
LTF will have the right to take the aforementioned measures against the user of the Site without the need for any notice in the event that:
• the user has received a number of complaints for unpaid purchases or for goods sold that do not conform to their description such as to compromise his reliability
• the user's PayPal account has been suspended
• the user has taken actions that may entail legal liability for LTF or third parties
• LTF has a well-founded suspicion that the user is violating the rights of third parties
• the user is abusing other users
• the user has concluded transactions of items already sold on the Site outside the Site
• despite the attempts made, LTF is not able to verify or confirm the information provided by the user when registering on the Site.
Copyright and database rights
All the contents made available by LTF through the Site or its Services in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software, are the property of LTF or its content providers and are protected by copyright and database rights laws.
It is not permitted to systematically extract and / or reuse parts of the Site or Services without the express written consent of LTF. In particular, without the express written consent of LTF, it is not permitted to use data mining, robots or similar acquisition or extraction devices to extract (one or more times) and reuse any substantial part of the Site or individual Services. It is also forbidden for the user to create and / or publish their own database that reproduces substantial parts (e.g. prices and product lists) of the Site or Services without the express written consent of LTF.
Content posted by the user on the Site
By uploading the content to the Site, the user automatically acknowledges that they own and / or have the right to use such content and that the use of such content does not violate the intellectual property rights of third parties. In the event that LTF receives a complaint from a third party for infringement of intellectual property rights or economic exploitation in relation to any content published by the user on the Site, it reserves the right to immediately remove the content, without the need to verify or wait the outcome of the verification of the basis of the complaint.
When the user provides content, by inserting / uploading it on the Site, he / she grants LTF a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensed right (through multiple levels), to exercise any copyright, advertising , trademarks, database rights and intellectual property rights of the content, in any known media now or in the future. Furthermore, the user renounces all moral rights he has over the content to the maximum extent permitted by law.
Users are prohibited from uploading, distributing or otherwise disseminating through the Site or its Services any material and / or content that is illegal, obscene, defamatory, harmful to the rights relating to the personal data of third parties, abusive or otherwise illegitimate and / or any material or content that may constitute a crime or lead to commit a crime, and / or violate any law or right of LTF and / or third parties, as well as any material that may in any way damage the image and good name of LTF.
Users undertake to inform LTF of any fraudulent use that is made by third parties of their username, credentials and / or password, as soon as they become aware of it, and to hold LTF harmless for any damage, loss or cost suffered by LTF as a consequence of access to information on the user's account by third parties, if the use of the account has been authorized by the user himself or if he is aware of it.
Conditions for the publication of offers of sale on the Site
The publication on the Site of any offer of products for sale is subject to the prior acceptance by the user-seller (the "Seller") of the conditions established in the Sellers Agreement and in the other documents referred to therein.
In the event that the user uses the Site to carry out a commercial activity, he is also required to comply with the applicable legislation relating to online sales.
Failure by the Seller to accept or violate the conditions of the Sellers Agreement or the applicable law for online sales entitles LTF to remove the offer from the Site and, possibly, to revoke the Seller's LTF account.
LTF also reserves the right to cancel unconfirmed or inactive Seller accounts for a long time. In the latter case, LTF will send a notice with a notice of 30 (thirty) days.
Conditions for the purchase of products offered for sale on the Site
The purchase of a product offered for sale on the Site is subject to the registration of the user-buyer and the consequent assignment to the user-buyer of a specific LFT account.
When a user purchases a product on the Site, he accepts:
• to read the entire sale advertisement before making an offer;
• to enter into a legally binding contract with the Seller for the purchase of the object of the offer, at the price and other conditions indicated in the sale offer.
Any purchase of a product on the Site by underage users presupposes and implies the authorization and supervision of their respective parents or of those who exercise their authority or protection, who will therefore assume all responsibility for the actions of the minor towards the Seller, LTF and any other third parties involved in any capacity.
Once registered, the user can use his account by accessing it through his e-mail address and the password created during the registration phase on the Site. The credentials, for which users are responsible at all times, must never be disclosed to third parties, nor can their use be granted to third parties. Users undertake not to create or use an account other than the one initially created, neither with their own identity nor with that of third parties.
Liability of LTF in relation to the Site and Services
Users access the Site independently and at their sole risk. LTF declines any responsibility with respect to any damage or prejudice suffered in any way by users as a result of accessing and using the Site, the Services or the download of any material for any reason present on the Site, including viruses, malware or others malicious electronic content on the Site. LTF, while trying to keep the Site and the Services safe and functioning adequately, cannot guarantee the continuous operation or continuous access to the Site or the Services. Offers, updates and other notification features in the Services may not work in real time, being subject to delays beyond LTF's control. Within the limits set by the Consumer Code and other applicable laws, LTF cannot be held responsible for economic losses, including loss of data, profits, earnings, activities, opportunities, goodwill or for damage to reputation, or for damage that is not reasonably foreseeable and derive, directly or indirectly, from:
• the use or inability to use the Services by the user • information on pricing, postal services or other guidelines provided by LTF
• the delay or interruption of the Services
• viruses or other malicious software obtained by accessing, even via links, the Site or Services
• glitches, bugs, errors, or incorrectness of any type of Service
• damages to hardware tools resulting from the use of any Service
• suspension, restriction, limitation or other activities adopted by LTF in relation to an account or sales advertisements or other content created by the user in accordance with the Sellers Agreement or in accordance with any other rule of the Site
• duration or manner in which the Seller's advertisements appear in the results of user searches.
LTF has the right to make changes to the Site, for example for technical or commercial reasons. If these changes do not significantly and / or negatively affect the terms of provision of the Services, users may be informed of the changes made, but their approval will not be required. LTF is not responsible for the contents of any other website that may be made accessible through links or multimedia links on the Site, it being understood that these links are provided only in order to allow users to access more complete information. Users are not authorized to create links and links to the Site without the prior written consent of LTF
Liability of LTF in relation to sales made through the Site
LTF does not have possession of the goods offered for sale or sold through the Site, does not transfer the ownership of the items from the seller to the buyer, has no role and is not involved in the sale that takes place between sellers and buyers. The sales contract is concluded directly between buyers and sellers.
Even if LTF were to offer indications on prices, payment services, postal services and other information relating to the offers of objects published on the Site, such indications and information are only indicative and the user can decide not to use them.
LTF has no control, does not guarantee and has no responsibility for the existence, quality, safety and lawfulness of the advertised items; the truthfulness or accuracy of the content posted by users and advertisements; the ability of buyers to pay the price of objects; the ability of users to sell, buy and bid. LTF cannot ensure that a buyer or seller will actually be able to complete the transaction or return an item.
Via Atto Vannucci n. 11, 20135 Milan, Italy
Applicable law and competent court
This agreement is governed by Italian law.
Any dispute relating to the application or interpretation of this agreement is referred to the exclusive jurisdiction of the Court of Milan, without prejudice to the rights of consumers to refer to the court of their place of residence.