1. Operator Details and Definitions
This service is developed, provided and managed on a provisional and experimental basis (Beta phase) by:
(Hereinafter collectively referred to as the "Operator" or "Controller").
In this document the following definitions apply:
- “Platform”: the web application / digital intermediation software managed by the Operator (reachable through the provisional domain provided or any future domain) that allows Businesses to create a digital store to display products and Customers to search for businesses and send orders.
- “Business”: the professional user or company registering on the Platform in the course of its business or commercial activity.
- “Customer”: the end user browsing the Platform to look for businesses and send order requests.
- “User”: any party (Business or Customer) accessing or using the Platform.
2. Subject of the Service and Nature of the Intermediation
The Platform provides exclusively a technological infrastructure and intermediation software. Specifically, it offers:
- To Businesses: a web interface to upload images, texts and product descriptions and to receive order requests through redirection to or integration with external services (e.g. WhatsApp).
- To Customers: a web catalogue to view products and forward order requests to Businesses.
Exclusion from the transaction: The Platform acts solely as a software provider. The Operator is not a party to the sales contract between the Business and the end Customer, does not directly collect the price of the goods sold by Businesses and is not responsible for delivery, quality, warranty, conformity, shipping or invoicing of the products offered.
3. Registration, Requirements and Account
- To use the Platform it is necessary to register an account providing truthful and up-to-date data.
- The Business is solely responsible for the truthfulness and lawfulness of the data entered.
- The User must diligently safeguard the access credentials to their account.
- The Operator reserves the right to suspend or delete without notice any account that breaches these Terms or applicable law.
4. Free Trial Period, Future Subscriptions and B2B Withdrawal
4.1 Free Trial Period
Every new Business is entitled to a free trial period of 7 (seven) days, starting from registration and requiring no credit card or payment method. At the end of the 7 days, without activating a subscription, the digital store will be automatically suspended or hidden.
4.2 Subscription Activation and Payments
- At the end of the free trial, in order to continue using the Platform, the Business may activate a paid subscription.
- Payments are processed through third-party payment service providers (e.g. Stripe).
- Automatic renewal: The subscription renews automatically upon expiry unless cancelled by the Business from its personal area.
- Failed payment: If the fee cannot be charged, the Operator reserves the right to suspend access to the store within 3 (three) business days.
4.3 Exclusion of the Right of Withdrawal (B2B Relationships)
The services provided by the Platform are intended exclusively for business or professional activities (B2B). The 14-day right of withdrawal granted by the Italian Consumer Code to private consumers only does not apply to Businesses. The Business may cancel the subscription at any time with effect from the end of the period already paid, with no right to partial refunds.
5. How Orders Work and Third-Party Services (WhatsApp)
- Orders are sent through redirection to or integration with the WhatsApp platform (Meta Platforms Inc.).
- The Operator does not guarantee constant availability or delivery of messages sent through WhatsApp or external infrastructure.
- The Operator cannot be held liable for outages, account blocks or changes to Meta Platforms Inc.'s terms of use.
6. Content Uploaded by the Business and Indemnity
The Business declares that it holds all intellectual property rights (trademarks, copyright, licences) over the content and products uploaded. Publishing unlawful, misleading content or content infringing third-party rights is prohibited.
The Business undertakes to fully indemnify and hold the Operator harmless from any claim, penalty or compensation request raised by third parties or authorities in relation to the products sold or the content published by the Business itself.
7. Limitation of the Operator's Liability
- The Platform is provided "as is" and "as available". The Operator does not warrant the absence of errors or technical interruptions.
- The Operator is not liable for loss of turnover, loss of profit or loss of data suffered by Businesses.
- Liability cap: Save for wilful misconduct or gross negligence, the Operator's maximum financial liability towards the Business shall in no case exceed the amount actually paid by the Business in the last month of subscription (or €0 during the free trial).
8. Data Protection and Appointment as Data Processor (GDPR)
- Personal data: Registration data is processed in accordance with the Platform's Privacy Policy.
- DPA appointment (Art. 28 GDPR): With regard to the personal data of end Customers sending orders through the Platform, the Business acts as Data Controller and appoints the Operator as Data Processor pursuant to Art. 28 of EU Regulation 2016/679 (GDPR).
- The Operator undertakes to process such data solely to enable the technical provision of the service and to segregate business data with adequate security measures.
9. Changes to the Terms
The Operator reserves the right to amend these Terms at any time by publishing them on the Platform. Continued use of the service constitutes acceptance of the changes.
10. Governing Law and Jurisdiction
- These Terms are governed by Italian law.
- For any dispute arising between the Operator and Businesses (B2B), the courts of the Operator's city of residence shall have exclusive jurisdiction.