EXPOPLANT - Vendita e acquisto online di piante, arbusti, rose, semi e molto altro

Legal notice.

These general conditions govern the distance purchasing of the subscription to the marketplace-service available on the website   www.expoplant.com (in the following “Website”). These General Conditions of Subscription are formulated in accordance with the Italian Legislative Decree no. 70 of 9 April 2003, transposing the European Directive on Information Society Services (the so called "E-Commerce Directive")

1.1 For the purposes of these general conditions the following definitions apply (without distinction between singular and plural):

1. “Terradice srl: the subscription service provider in respect of the marketplace on the Website;

1. “Client”: any natural or legal person (consumer excluded) like for example a gardener, producer, garden centre, wholesaler and retailer, that purchases the subscription online through acceptance of these Subscription Conditions ;

1. “Distance contract”: the contract stipulated online on the Website, for the purpose of a time-limited, renewable subscription to the services provided by Expoplant, in order to benefit from the marketplace of the Website, as defined later;

1. “Marketplace”: the electronic communication platform available on the Website for the purpose of bringing together supply and demand of goods and services of plant and flower sectors, for the exclusive trade of herbaceous, shrubby and arboreal plants, including any technical procedure that allows to manage the pre-contractual as well as the contractual, the payment and the post-contractual phase;

1. “Parties”: the company Terradice srl and the Client (collectively)

1. “Professionals”: natural or legal person (e.g. gardeners, producers, garden centres, wholesale traders and retailers) acting in the exercise of their business, trade, profession or artisanal activities, or their intermediary/ies.

1.2 These General Conditions of Subscription shall apply only to Clients represented by professionals and do not apply to private parties represented by consumers.

2.1 The subscription to the Expoplant-Marketplace available on the Website is a service to be applied to following lines of Clients:

• Wholesalers (producers, garden centres, wholesale traders and retailers)
• Gardeners

2.2 The conclusion of the distance contract for the activation  of the subscription to the Expoplant-Marketplace is subject to the previous registration/subscription by the Client to the matching profile, as well as to creating an account on the Website.

2.3 As a result of creating an account and subscribing to the Expoplant-Marketplace, following features shall be enabled, corresponding to the activated subscription type (basic - plus - premium):

1. the wholesalers (producers, garden centres, wholesale traders and retailers) are enabled to upload their own product sheets on the Website´s Marketplace, according to the specific technical guidelines. Each product sheets includes pictures, descriptive parameters in relation to appearance and cultural feature, as well as to parameters to help define the product´s quality - the completion of some fields is mandatory. The product sheets are listed in specific electronic herbaceous, shrubby and arboreal plant catalogues in order to create an electronic offer-for-sale-channel for third parties (represented by other wholesalers, gardeners, or by private consumers). The offer for sale is to be understood in relation to own sector-specific products and is carried out by means of electronic commerce techniques; in relation to the offers for sale and even after the subscription-activation and any eventual subsequent changes to the preselected options, the wholesalers may choose to: (1) to display the own company/trade name and the own trademark and logo in the Marketplace and in the product sheets published on the Website, or (2) not to publish such references; in the first case the sale takes place directly between the wholesaler and the buyer, in accordance with the general conditions of online-sale which the wholesaler (1) undertakes to deliver in advance to Terradice srl for the publication in the Marketplace or (2) undertakes to receive from Terradice srl for the publication in the Marketplace; in the second case, in place of wholesaler´s references, the name of Expoplant shall be displayed. Expoplant shall then go ahead with the purchase of the products from the wholesaler and shall be part of the subsequent contract for online-sale, in accordance with the own general conditions for sale applying to the final user;
2. the wholesalers (producers, garden centres, wholesale traders and retailers) shall furthermore be enabled to use the search-function in the Website´s Marketplace, namely in the product sheets and/or in the catalogues of herbaceous, shrubby and arboreal plants, published by other wholesalers and shall be enabled to purchase through the e-commerce platform, sector-specific products offered by these third parties; in case of a purchase, the wholesaler may view (in the Marketplace and in the product sheets) company/trade names, trademarks and logos of other wholesalers that offer the products for sale, or may proceed with the purchase directly from other wholesalers by Expoplant´s undertaking, provided that the wholesalers´ references are not displayed;
3. the gardeners shall be enabled to use exclusively the search-function in the Website´s Marketplace, namely in the product sheets and/or in the catalogues of herbaceous, shrubby and arboreal plants published by wholesalers and shall be enabled to purchase through the e-commerce platform, sector-specific products offered by these third parties; the gardeners may view (in the Marketplace and in the product sheets) company/trade names, trademarks and logos of the wholesalers that offer the products for sale, or may proceed with the purchase by Expoplant´s undertaking, provided that the wholesalers´ references are not displayed. The possibility for gardeners to publish own offers for sale in the Website´s Marketplace is excluded.

2.4 In case the wholesalers choose - in the framework of the offer of sale of their products in the Marketplace and in accordance with the preselected type of subscription and with the following article 2.7. - not to publish their company/trade name, trademark or logo on Website´s product sheets, they undertake to sign a seperate drop-shipping contract with Terradice srl, for the purpose of fixing the rights and obligations with Terradice srl that in this case shall take on the status of effective party in relation to the final buyer and in the framework of the distance contract for the sale of the wholesalers´products.

2.5 The execution of the drop-shipping contract referred to in the previous point is mandatory even in cases where the wholesalers are directly involved parties of the distance contract (insofar as they are are holders of a subscription type that enables to display - in the Marketplace and in the product sheets published on the Website - their own company/trade name, trademarks and logos), though they subsequently decide to make at the same time an anonymous offer for sale - of single products or of product categories - on the Website.  In these cases, and in the means of the functionalities of the Website, the wholesalers have the obligation to sign the drop-shipping contract with Terradice srl, prior to making the offer for sale. Terradice srl shall then take on the status of effective party in relation to the final buyer and in the framework of the distance contract for the sale of those single products and/or product categories.

2.6 If the buyer of the products offered for sale in the Marketplace by a wholesaler is represented by a gardener or a wholesale trader that is holder of a BASIC subscription, the wholesaler acknoledges and accepts that this line of buyer is not enabled to view the company/trade name, trademark and logo of the wholesaler in Marketplace - neither in the product sheets, nor on any other place on the Website. This is also the case where the wholesaler is holder of a subscription type providing for the possibility to display the own company/trade name in the Marketplace and in the published product sheets.   In these cases, the buyer - represented by a gardener that is holder of a BASIC subscription - views only the references of the company Terradice srl that shall take on the status of effective party in relation to the final buyer and in the framework of the distance contract for the sale of the wholesaler´s products.  In such cases the wholesaler is not obliged to sign any drop-shipping contract, but ensures hereby Expoplant a continued stock availability or, if this is not the case, undertakes to inform Expoplant and to publish or update the product sheet in the Marketplace, indicating the actual availability.

2.7 Following subscription types for the Expoplant-Marketplace are available:

1. Basic Subscription – free

The Basic Subscription is for free and enables the Wholesale Client, amongst others, to:

• access the own private user interface and change the settings
• upload to the own private user interface, own products, namely up to 200 product sheets, including a description corresponding to the given product sheet
• sell the products published in the product sheets
• purchase an unlimited number of products from other Wholesaler
• provide feedback in relation to the purchases made
• sell up to 10 products, choosing not to publish the own company name
• receive up to 50 customised notifications from other users, in accordance with the plant search of your interest (by the means of the settings/preferences selected by the Wholesaler in the own user interface)
• publish up to 10 plant-search advertisements (using the form approved for that purpose)
• request from Expoplant up to 10 quotations for the purchase of plant combinations (using the form approved for that purpose).

The basic subscription does not entitle the Wholesaler to:

• view the company/trade name of other sellers: the wholesaler shall only be entitled to view the name of Expoplant
• display the own e-mail and phone contact information
• display the own website´s domain
• download a company´s catalogue with the products uploaded on Expoplant
• benefit from a customisable profile

The subscription shall run for an unlimited period and expire only with the deletion of the own personal account from the Website or with the upgrade to a Plus or Premium subscription. In order to delete the own account, the client shall contact Expoplant directly at  info@expoplant.com.

Terradice srl accepts following forms of payment: Credit card payments via the circuits Visa and Mastercard, Paypal™, payment by bank transfer.

The Basic Subscription is for free and enables the Gardener Client, amongst others, to:

• access the own private user interface and change the settings
• purchase an unlimited amount of plants
• provide feedback in relation to the purchases made
• view the ranking feedback of the sellers (stars)
• publish up to 10 plant-search advertisements (using the form approved for that purpose)
• request from Expoplant up to 5 quotations for the purchase of plant combinations (using the form approved for that purpose).
• request - once the purchase wasmade - from Expoplant a quotation for the planting of the purchased products, using the form approved for that purpose (Expoplant forwards the request to the seller; if the seller is not interested, the request shall be forwarded to a Gardener with a Premium subscription. The final quotation shall then be sent to the Client that can accept or deny the offer).

The basic subscription does not entitle the Gardeners to:

• view the company/trade name of other sellers: the gardener shall only be entitled to view the name of Expoplant
• view the contact informations of the sellers
• view any eventual text of the reviews included in the ranking feedback
• receive customised notifications when new products get published
• benefit from a customisable profile
• receive cooperation proposals and assignments from Expoplant

The subscription shall run for an unlimited period and expire only with the deletion of the own personal account from the Website or with the upgrade to a Plus or Premium subscription. In order to delete the own account, the client shall contact Expoplant directly at  info@expoplant.com.

Terradice srl accepts following forms of payment: Credit card payments via the circuits Visa and Mastercard, Paypal™, payment by bank transfer.

1. Plus Subscription - against payment

The Plus Subscription is available against payment and enables the Wholesale Client, amongst others, to:

• access the own private user interface and change the settings
• upload to the own private user interface, own products, namely up to 500 product sheets, including a description corresponding to the given product sheet
• view any feedback in relation to the sellers, including eventual feedback text
• sell the products published in the product sheets
• purchase an unlimited number of products from other Wholesaler
• provide feedback in relation to the purchases made
• sell up to 20 products, choosing not to publish the own company name
• receive up to 400 customised notifications from other users, in accordance with the plant search of your interest (by the means of the settings/preferences selected by the Wholesaler in the own user interface)
• publish up to 20 plant-search advertisements (using the form approved for that purpose)
• quest from Expoplant up to 20 quotations for the purchase of plant combinations (using the form approved for that purpose)
• display the own e-mail and phone contact information
• receive cooperation proposals and assignments from Expoplant, after the sale of own products

The Plus subscription does not entitle the Wholesaler User to:

• display the own website´s domain
• download a company´s catalogue with the products uploaded on Expoplant
• benefit from a customisable profile

The subscription shall run for a duration of six months or one year, from the date of receipt by Expoplant of the payment confirmation and shall expire after 180 or after 365 days.  Prior to the subscription´s expiration Terradice srl may contact the user, even several times, via the contact details provided by the user during the subscription phase, for the purpose of a renewal-proposal of the same subscription or of an upgrade to a Premium subscription.  In case the subscriber fails to request a renewal, by expiring of the subscription, the Plus subscription shall be deactivated. The user shall then be only entitled to continue to benefit from the Website with a Basic subscription. In case of withdrawal before the expiry date, no form of reimbursement is provided for.  In order to request the termination of the subscription, the client shall contact Terradice srl via PEC mail or by registered letter.

If the Wholesaler wishes to upgrade the Plus subscription to a Premium subscription before the expiry date of the Plus subscription, the costs for the months the user did not benefit from during the Plus subscription, shall be refunded after receipt of the payment for the Premium subscription.

Terradice srl accepts following forms of payment: Credit card payments via the circuits Visa and Mastercard, Paypal™, payment by bank transfer.

The Plus Subscription is available against payment and enables the Gardener Client, amongst others, to:

• access the own private user interface and change the settings
• purchase an unlimited amount of plants
• provide feedback in relation to the purchases made
• view any feedback in relation to the sellers, including eventual feedback text
• receive customised notifications when new products get published
• publish up to 20 plant-search advertisements (using the form approved for that purpose)
• request from Expoplant up to 20 quotations for the purchase of plant combinations (using the form approved for that purpose)
• request - once the purchase was made - from Expoplant a quotation for the planting of the purchased products, using the form approved for that purpose (Expoplant forwards the request to the seller; if the seller is not interested, the request shall be forwarded to a Gardener with a Premium subscription. The final quotation shall then be sent to the Client that can accept or deny the offer).

The basic subscription does not entitle the Gardeners to:

• benefit from a customisable profile
• receive cooperation proposals and assignments from Expoplant

The subscription shall run for a duration of six months or one year, from the date of receipt by Expoplant of the payment confirmation and shall expire after 180 or after 365 days. Prior to the subscription´s expiration, Terradice srl may contact the user, even several times, via the contact details provided by the user during the subscription phase, for the purpose of a renewal-proposal of the same subscription or of an upgrade to a Premium subscription. In case the subscriber fails to request a renewal, by expiring of the subscription, the Plus subscription shall be deactivated. The user shall then be only entitled to continue to benefit from the Website with a Basic subscription. In case of withdrawal prior to the expiry date, no form of reimbursement is provided for. In order to request the termination of the subscription, the client shall contact Terradice srl via PEC mail or by registered letter.

If the Wholesaler wishes to upgrade the Plus subscription to a Premium subscription before the expiry date of the Plus subscription, the costs for the months the user did not benefit from during the Plus subscription, shall be refunded after receipt of the payment for the Premium subscription.

Terradice srl accepts following forms of payment: Credit card payments via the circuits Visa and Mastercard, Paypal™, payment by bank transfer.

1. Plus Subscription - against payment

The Plus Subscription is available against payment and enables the Wholesale Client, amongst others, to:

• access the own private user interface and change the settings
• upload to the own private user interface, an unlimited number of own products, including a description corresponding to the given product sheet
• sell the products published in the product sheets
• purchase an unlimited number of products from other Wholesaler
• provide feedback in relation to the purchases made
• sell an unlimited number of products, choosing not to publish the own company name
• receive an unlimited amount of customised notifications from other users, in accordance with the plant search of your interest (by the means of the settings/preferences selected by the Wholesaler in the own user interface)
• publish up to 50 plant-search advertisements (using the form approved for that purpose)
• request from Expoplant up to 30 quotations for the purchase of plant combinations (using the form approved for that purpose)
• display the own e-mail and phone contact information
• display the own website´s domain
• keep a high ranking of the own products in the search
• download a company´s catalogue (including the products uploaded on Expoplant) in .pdf format
• benefit from a customisable profile
• receive cooperation proposals and assignments from Expoplant, after the sale of own products

The subscription shall run for a duration of six months or one year, from the date of receipt by Expoplant of the payment confirmation and shall expire after 180 or after 365 days. Prior to the subscription´s expiration Terradice srl may contact the user, even several times, via the contact details provided by the user during the subscription phase, for the purpose of a renewal-proposal of the same subscription. In case the subscriber fails to request a renewal, by expiring of the subscription, the PREMIUM subscription shall be deactivated. The user shall then be only entitled to continue to benefit from the Website with a Basic subscription. In case of withdrawal prior to the expiry date, no form of reimbursement is provided for. In order to request the termination of the subscription, the client shall contact Terradice srl via PEC mail or by registered letter.

Terradice srl accepts following forms of payment: Credit card payments via the circuits Visa and Mastercard, Paypal™, payment by bank transfer.

The Premium Subscription is available against payment and enables the Gardener Client, amongst others, to:

• access the own private user interface and change the settings
• purchase an unlimited amount of plants
• provide feedback in relation to the purchases made
• view any feedback in relation to the sellers, including eventual feedback text
• receive customised notifications when new products get published
• publish an unlimited number of plant-search advertisements (using the form approved for that purpose)
• request from Expoplant an unlimited amount of quotations for the purchase of plant combinations (using the form approved for that purpose)
• benefit from a customisable profile
• receive cooperation proposals and assignments from Expoplant
• request - once the purchase was made - from Expoplant a quotation for the planting of the purchased products, using the form approved for that purpose (Expoplant forwards the request to the seller; if the seller is not interested, the request shall be forwarded to a Gardener with a Premium subscription. The final quotation shall then be sent to the Client that can accept or deny the offer).

The subscription shall run for a duration of six months or one year, from the date of receipt by Expoplant of the payment confirmation and shall expire after 180 or after 365 days. Prior to the subscription´s expiration Terradice srl may contact the user, even several times, via the contact details provided by the user during the subscription phase, for the purpose of a renewal-proposal of the same subscription. In case the subscriber fails to request a renewal, by expiring of the subscription, the Premium subscription shall be deactivated. The user shall then be only entitled to continue to benefit from the Website with a Basic subscription. In case of withdrawal prior to the expiry date, no form of reimbursement is provided for. In order to request the termination of the subscription, the client shall contact Terradice srl via PEC mail or by registered letter.

Terradice srl accepts following forms of payment: Credit card payments via the circuits Visa and Mastercard, Paypal™, payment by bank transfer.

2.8 In addition to the conclusion of a subscription type, the user may also subscribe to a Starter Package to be understood as a help for the activation of the e-commerce function. The subscription to the package is possible by filling out a membership form approved for that purpose, to be requested from Terradice srl The user shall then complete, sign and forward the form back to Terradice srl - via PEC mail or by registered letter.  By means of the Starter Package, an operator assigned by Terradice srl shall provide assistance to the Wholesaler for the use of the Website and particularly:

- for the creation of an own account in the Expoplant Marketplace and for the preference settings available

- for the creation of the own profile (if available)

- for the upload-process of the product sheets, for the process of taking pictures in the company and uploading them, for the posting of information about product cultivation and qualities (following the indications from the Wholesaler)

- for the drafting of eventual quotations

- during the selection of the most suitable packing and shipping methods

- during the selling and shipping process

The Starter Package shall run for an unlimited period and shall be renewed automatically every six months, provided the user fails to cancel the package by notifying Terradice srl by PEC mail or registered letter, at least 30 days before the semi-annual expiry date.

3.1 In accordance with article 7 of the Italian Legislative Decree (d.lgs.)  no. 70/2003, the following mandatory informations are communicated:

3.2 The identity, the registered office and contact details of Terradice srl, provider of the Marketplace service offered on the Website are the following:

Terradice srl

Registered office: Via Colombara 63/a 31037 Loria (TV)

Tax and VAT number: 04980060265

Registered in the Register of Companies (Registro delle Imprese, Treviso, Italy) as no.: TV-415638

Fully paid-up share capital: Euro 12.000,00 €, from which the amount of capital actually paid equals Euro 0.

Tel. +39 (0) 423 1916881

Fax. Tel. (39) 0423 1911443

Email:  info@expoplant.com

PEC:  expoplant@pec.it

The registered office and the addresses laid down in article 3.3., letter (a), is where the customer may address the complaints.

3.3 In addition to the mandatory informations laid down above, following informations are communicated, by means of the Italian Legislative Decree no. 70/2003:

1. with regard to the reference details allowing to contact rapidly Terradice srl and communicate directly and effectively, following details, including phone number, fax number and electronic mail, are to be laid down: Tel. +39 (0) 423 485581 - Fax. (39) 0423 1916881 - Email:  info@expoplant.com - PEC: expoplant@pec.it
2. Registered in the Register of Companies (Registro delle Imprese di Treviso, Italy) as no.: TV-415638.

3.4  These General Conditions of Subscription and the article 3. laid down above, published online, are intended as information in relation to a long-term service provided for the Client, in accordance with article 13 (3) of the Italian Legislative Decree no. 70/2003.

4.1 Article 11 of the Italian Legislative Decree no. 70/2003 requires from any provider of goods and/or services disclosure towards the Client, regarding specific information in relation to the conclusion of the distance contract.  Therefore Terradice srl fulfils the obligations of disclosure owed to clients.

4.2 With regard to the various technical steps to be followed during the conclusion-phase of the subscription contract, the user may benefit from guidelines on the Website, that enable the Client to verify and validate each submitted information and to correct eventual errors prior to the submission of the electronic form containing the proposal for the purchase order and to the conclusion of the distance contract.

4.3 With regard to the storage of the distance contract, after its conclusion it shall be stored. The Client shall then view the text in the own personal interface and shall receive an email containing a summary of the activated subscription and of the concluded distance contract.

4.4 With regard to the technical functions provided to the Client for identifying and correcting input errors prior to the placing of the order, the system requests a confirmation of the correctness of the inserted data prior to the conclusion of the distance contract and automatically reports eventual errors, if the user fails to complete mandatory fields during the process of placing the order.

4.5 Italian is the only language offered for the conclusion of the contract.

4.6 With regard to functions offered for notifying complaints, see section 9.

4.7 The clauses and general conditions of the contract provided to the Client, are and shall remain available: storing and reproducing is possible any time through saving the website or using the copy/paste function.  Furthermore, the email with the order confirmation contains an attachment with the General Subscription Conditions or a link connecting the Client directly to a page that enables to view and print the conditions.

4.8 With regard to further details about the conclusion of the distance contract for the subscription to the Expoplant Marketplace, following informations are communicated:

• the final selling prices represent an automatic percentage increase in relation to the prices for wholesalers (if indicated) and gardeners (if indicated) and appear increased in the Catalogue published in the Website´s Marketplace:
• depending on each case, the dispatch and/or delivery logistics for sold and/or purchased products is carried out differently, based on the settings selected by the wholesaler and on the seller-buyer relation that can depend on four logistics types:
  • delivery by the wholesaler-seller to the final user (another wholesaler, a gardener or a private customer), by means of an own vehicle;
  • delivery by the wholesaler-seller by means of couriers or self-employed drivers from an outside company;
  • collection by the buyer (another wholesaler, a gardener or a private customer) at the wholesaler-seller´s office;
  • the wholesaler-seller may request a transport, shipping and delivery service at the Expoplant Logistics Service.

5.1 By signing this distance contract for the subscription, the professional:

• specifically accepts pay the amount demanded for the conclusion and the activation of the subscription, based on the selected subscription type and the profile, as laid down above in point 2.4.;

• in the case the wholesaler offers for sale the own products to a third party, the wholesaler acknowledges the right of Terradice srl.to deduct as remuneration for further fees in respect of the offered service, an amount that equals the percentage laid down in the table below: 
  

*The commission is not calculated on transport expenses incurred, if the selling party benefits from the anonymous sale and in case of a sale to professional users (wholesaler and gardeners) with a basic subscription.  

5.2 Prior to the submission of the subscription-activation request to the Expoplant Marketplace, the Clients are encouraged to ensure that they have read and understood the guidelines and the General Conditions laid down, as they have binding force from the moment of the conclusion of the distance contract, by means of the acceptance of the subscription request by Terradice srl By submission of the subscription request to Terradice srl, the Client acknowledges and declares to have read all the instructions provided during the procedure and to be aware that the submission of the purchase-order request for the subscription - if accepted by Terradice srl - will include an obligation to pay and to fully accept these General Conditions.

5.3 If the Client´s activation request for the subscription is accepted, Terradice srl acknowledges receipt of the received order by forwarding the own final acknowledgement and order confirmation to the email address specified by the Client during the process of registration to the Website. This acknowledgement and order confirmation contains - as provided for in the applicable regulation - a summary of the general subscription conditions of the concluded distance contract, informations in respect to the characteristics essential to the Marketplace service.

5.4 The order and the receipt are to be understood as received, if the receiving parties have the possibility to access them.

6.1 Terradice srl accepts only following forms of payment: Credit card payments via the circuits Visa and Mastercard, Paypal™, payment by bank transfer. The amount of the order is charged on the date of the order confirmation. The recipient of the order paid with the credit card shall be the holder of the used credit card. Terradice srl reserves the right to request from the Client a copy of a valid identity document forwarded by fax, in order to verify the ownership.

6.2 The card details are handled directly by PayPal, specialised in the management of online payments.  All details are encrypted through the use of 128-bit cryptographic keys (SSL) and subsequently submitted to the bank, which prevents them being accessed by unauthorized third parties. Terradice srl does not have access to such data and does not view them.

6.3 Terradice srl reserves the right to verify whether the conditions of this clause are met, by requesting from the banking institution issuing the (credit) card, the verification of the genuineness of this card´s ownership. In these cases, the terms for the execution of the order shall commence on the date of the bank´s positive verification, if such verification has taken place.

7.1 The basic subscription for the Wholesale Clients shall run for an unlimited period and expire only with the deletion of the own personal account from the Website or with the upgrade to a Plus or Premium subscription. In order to delete the own account, the Client shall contact Expoplant directly at  info@expoplant.com.

The Basic subscription for the Gardener Clients shall run for an unlimited period and expire only with the deletion of the own personal account from the Website or with the upgrade to a Plus or Premium subscription. In order to delete the own account, the Client shall contact Expoplant directly at  info@expoplant.com.

The Plus subscription for Wholesaler Clients shall run for a duration of six months or one year, from the date of receipt by Expoplant of the payment confirmation and shall expire after 180 or after 365 days. Prior to the subscription´s expiration, Terradice srl may contact the user, even several times, via the contact details provided by the user during the subscription phase, for the purpose of a renewal-proposal of the same subscription or of an upgrade to a Premium subscription. In case the subscriber fails to request a renewal, by expiring of the subscription, the Plus subscription shall be deactivated. The user shall then be only entitled to continue to benefit from the Website with a Basic subscription. In case of withdrawal from the subscription prior to the expiry date, no form of reimbursement is provided for. In order to request the termination of the subscription, the client shall contact Terradice srl via PEC mail or by registered letter. If the Wholesaler wishes to upgrade the Plus subscription to a Premium subscription before the expiry date of the Plus subscription, the costs for the months the user did not benefit from during the Plus subscription, shall be refunded after receipt of the payment for the Premium subscription.

The Plus subscription for Gardener Clients shall run for a duration of six months or one year, from the date of receipt by Expoplant of the payment confirmation and shall expire after 180 or after 365 days. Prior to the subscription´s expiration, Terradice srl may contact the user, even several times, via the contact details provided by the user during the subscription phase, for the purpose of a renewal-proposal of the same subscription or of an upgrade to a Premium subscription. In case the subscriber fails to request a renewal, by expiring of the subscription, the Plus subscription shall be deactivated. The user shall then be only entitled to continue to benefit from the Website with a Basic subscription. In case of withdrawal from the subscription prior to the expiry date, no form of reimbursement is provided for. In order to request the termination of the subscription, the client shall contact Terradice srl via PEC mail or by registered letter.

If the Gardener wishes to upgrade the Plus subscription to a Premium subscription before the expiry date of the Plus subscription, the costs for the months the user did not benefit from during the Plus subscription, shall be refunded after receipt of the payment for the Premium subscription.

The Premium subscription for Wholesaler Clients shall run for a duration of six months or one year, from the date of receipt by Expoplant of the payment confirmation and shall expire after 180 or after 365 days. Prior to the subscription´s expiration Terradice srl may contact the user, even several times, via the contact details provided by the user during the subscription phase, for the purpose of a renewal-proposal of the same subscription. In case the subscriber fails to request a renewal, by expiring of the subscription, the Premium subscription shall be deactivated. The user shall then be only entitled to continue to benefit from the Website with a Basic subscription. In case of withdrawal prior to the expiry date, no form of reimbursement is provided for. In order to request the termination of the subscription, the client shall contact Terradice srl via PEC mail or by registered letter.

The Premium subscription for Gardener Clients shall run for a duration of six months or one year, from the date of receipt by Expoplant of the payment confirmation and shall expire after 180 or after 365 days. Prior to the subscription´s expiration Terradice srl may contact the user, even several times, via the contact details provided by the user during the subscription phase, for the purpose of a renewal-proposal of the same subscription. In case the subscriber fails to request a renewal, by expiring of the subscription, the Premium subscription shall be deactivated. The user shall then be only entitled to continue to benefit from the Website with a Basic subscription. In case of withdrawal from the subscription prior to the expiry date, no form of reimbursement is provided for. In order to request the termination of the subscription, the client shall contact Terradice srl via PEC mail or by registered letter.

8.1 The Client undertakes to use the Expoplant Marketplace service in a professional manner and in a way that does not affect the image and reputation of Terradice srl by undertaking on his/her own full responsibility. In particular the Professional represented by Wholesalers enabled to offer for sale own products in the Website´s online Marketplace, guarantees by way of example and not limited thereto:

• that the offered products - sold directly or sold through Expoplant -, have all essential characteristics and qualities promised to the final user;
• that the product sheets match the actually delivered products;
• that the availability of each product offered for sale on the Website´s Marketplace is guaranteed by a continued stock availability and, if this is not the case, to undertake to inform Terradice srl and to publish or update the product sheet in the Marketplace, indicating the actual availability;
• that the delivery of the sold and products, shipped to the final user by means of an own vehicle or by means of couriers or self-employed drivers of outside companies selected by the Professional, is carried out in accordance with the methods and timing the Professional or Expoplant guarantees the final buyer;
• to provide cooperation to Terradice srl, if complaints are made or post-contractual service is requested by the final buyer;
  
• that any own general conditions for the online sale to the final buyer fully comply with the applicable legislation in respect to distance sale.

Furthermore, the Client undertakes to avoid evade or circumventing the regulations relevant to the service, and in particular:

• Clients with a Basic Subscription may not display own contact details as phone numbers, email and website-addresses and thus undertake to exclude links and contact details from any displayed field as well as from the product sheets´ titles/headers, subtitles, notes relative to the plants and images;
• Regardless of the subscription type, the Client undertakes not to include signs, text, watermarks or other elements in the images uploaded in the Marketplace and to exclude pictures/photographs containing labels which may infer the company´s identity/name as well as to exclude contact details, links and website addresses from fields that are not designed for this purpose;
• The Client undertakes to select exclusively photographs taken by him/herself or by his/her co-workers of the plant business, as upload image for the offered product, and to avoid generic images or other content as pictures downloaded from catalogues or from the internet;
• The Client undertakes not to contact the buyers for the purpose of the sale of the products by means of other distribution channels than the Website;
• The Client undertakes not to use any buyer´s contact details for the purpose of the unsolicited dispatch of messages or of advertisement that may be relative also to other businesses;
• The Client undertakes not to implement unfair trade practices and/or trade practices which may be contrary to the logic of this agreement, such as - by way of example and not limited thereto - objectively unjustified price reductions in relation to the offered product and by means of practices as for example unreasonable increases in shipping rates.

8.2 The subscription to the Expoplant Marketplace may be revoked or deactivated by Terradice srl, if the Professional fails to comply with these Conditions.

8.3 The Professional grants Terradice srl full indemnity in respect of the regulations of this article.

9.1 The Distance Contract has been drafted and will be construed in accordance with the laws of the Italian Republic.

9.2 Any disputes between Terradice srl and the Client in relation to this General Conditions for Sale are reserved to the territorial and exclusive jurisdiction of the Court of Treviso, subject to the limits laid down below:

• the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 concerning the law applicable to contractual obligations (commonly known as the "Rome I" Regulation) which governs the identification of the applicable law in case of conflicts of law relating to civil and commercial contractual obligations;
• the Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 concerning the law applicable to contractual obligations (commonly known as the "Rome II" Regulation) which entered into force on 11 January 2009 and governs the identification of the applicable law in case of conflicts of law relating to civil and commercial non-contractual obligations.
• the Regulation (EC) No 44/2000 of the Council of 22 December 2000 concerning judicial competence.

9.3 Where some provisions of the General Conditions of Sale are deemed invalid or inapplicable, the same will still be interpreted in such way as to reflect the common intention of Terradice srl and its Clients, according to the remaining provisions.

9.4 With reference to any other eventual schemes available for dispute settlement and in accordance with article 12 (1), letter f of the Italian Legislative Decree 70/2003, the information is provided that alternative procedures are not foreseen.

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