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GENERAL TERMS AND CONDITIONS OF SALE

CONSIGNMENT SERVICE

In force as of November 1, 2020
The Seller, who is a consumer, i.e. a person who uses the AKIREH Services (as defined below) for a purpose which not attains to its business activity or corporate object (hereinafter, the “Seller”), must carefully read and accept the following general terms and conditions of contract (hereinafter, the “GTC”) to sell its Products (as defined below) which have been sent by the Seller to AKIREH S.r.l. or taken over by AKIREH S.r.l. from the Seller under a consignment contract.
The GTC describe the terms and conditions applicable to the access to the www.akireh.com site (hereinafter the “Site”) and to the sale of the Products through the Site.
This document is a legally binding agreement between the Seller, who shall have previously registered on the Site and AKIREH S.r.l., with registered office in Milan (Italy),via Monte Santo, 4, 20121 – VAT no. 11673730963, enrolled with the Companies’ Register of Milano – Monza – Brianza – Lodi (hereinafter “AKIREH”), in its quality as owner and manager of the Site.
Articles of the GTC
– Article 1 (Application and acceptance of the GTC)
– Article 2 (Performance of the AKIREH Services)
– Article 3 (Sellers)
– Article 4 (Seller account)
– Article 5 (Breaches)
– Article 6 (Products for sale)
– Article 7 (Loss or damage of Products during shipment or storage)
– Article 8 (Conditions of acceptance of products)
– Article 9 (Inability to authenticate and Counterfeited products)
– Article 10 (Duration of the sales service and return of products)
– Article 11 (Price determination and management)
– Article 12 (Seller Profit and payments)
– Article 13 (Waiver of Warranties – Limitation Of Liability)
– Article 14 (Seller’s liability)
– Article 15 (Force majeure)
– Article 16 (Intellectual property rights)
– Article 17 (Termination)
– Articles 18 (Communications)
– Article 19 (Miscellanea)
– Article 20 (Applicable law)
– Article 21 (Jurisdiction and dispute resolution)
DEFINITIONS and WHEREASES
For the purposes of this document:
“Products” means items such as new or second-hand objects and all kinds of furnishing accessories such as design objects, decorative accessories, furnishing fabrics, antiquities and, more generally, whatever can be considered as a complement to the house, individual and leisure, that are being or have been commercialized by the Seller and that may be sold through the Site.
“AKIREH’s Services” include
(a) the registration on the Site by the Seller and the creation of a specific page for the Seller on the Site (hereinafter, the “Seller’s Account”);
(b) the storage and safekeeping of the Seller’s Products;
(c) the verification of the authenticity, quality and conditions of the Products;
(d) the offering for sale of the Products by creating and displaying a description and the related photographs of the Products:
on the Site;
on AKIREH’s mobile app (hereinafter, the “AKIREH’s App”);
in AKIREH’s sole discretion, at AKIREH’s retail stores (hereinafter, the “AKIREH’s Retail Stores”);
(e) the managing all of the activities related to the sale of the Products to the users of the Site (hereinafter, the “Buyers”);
(f) in the case of sale of any Products, its packaging and shipping to each Buyer;
(g) the receipt of the amounts paid by each Buyer, corresponding to the Final Purchase Price (as defined below);
(h) the payment of the Seller’s Profit (as defined below) for each Product Sold (as defined below), and
(i) the return to the Seller of any unsold Product within the timeframe and in the modalities agreed upon.
1. APPLICATION AND ACCEPTANCE OF THE GTC
1.1 The provision of the Services by AKIREH to the Sellers is subject to the terms and conditions contained in this document as well as to the privacy policy and cookie policy published on the Site and accessible on the pages: https://www.ardevot.com. Therefore, in order to use the AKIREH Services, the Seller must read carefully and accept the GTC.
1.2 The Seller, by accepting the GTC, declares to be in possession of all the necessary requirements to use the AKIREH Services.
1.3 The Seller acknowledges and accepts that AKIREH might unilaterally make changes to the GTC, at any moment, by publishing the amended version of the GTC on the Site and notifying the Seller, with a 14 days’ notice, by e-mail, of such amendment. The modified GTC do not apply to products accepted for sale (as defined below), before the date in which the changes to the GTC became effective. It is understood that, following a modification, the Seller will have the right to withdraw from the GTC, in accordance with article 17 below. The use of the AKIREH Services and the Site by the Seller following a modification of the GTC will be considered as acceptance by the Seller of the changes made by AKIREH to the GTC.
1.4 The official language of the GTCis Italian. Any version drafted in other languages has a merely informative nature and represents a courtesy translation. Therefore, in case of controversy with regard to the interpretation of the GTC, the prevailing and governing language shall be the Italian language. The Italian version is available on the Site (by selecting the language).
1.5 Sellers shall not make, and are not entitled to make, any change to the GTC.
1.6 The GTC shall become valid and effective when the Seller’s Account is activated by AKIREH upon the Seller’s request and shall cease to be valid and effective when the Seller’s Account is deactivated by AKIREH or by the Seller.
2. PERFORMANCE OF THE AKIREH SERVICES
2.1 All the AKIREH Services available on the Site are in general provided by AKIREH to the Seller.
2.2 In order to use the AKIREH Services, the Seller shall sign in on the Site as a member. AKIREH reserves the right to limit or make changes to the terms and conditions of use of the AKIREH Services.
2.3 At its sole discretion, AKIREH will be entitled to limit, deny or create different levels of access to and use of the AKIREH Services (or any part of the AKIREH Services).
2.4 Some AKIREH Services might be provided by third-party suppliers of AKIREH.
3. SELLERS
3.1 As a condition to access and use the Site and the AKIREH Services, the Seller accepts and undertakes to comply with and respect all the applicable laws and regulations as well as the GTC (as amended and/or integrated from time to time).
3.2 The Seller accepts to use the Site and the AKIREH Services exclusively to sell his own Products through the Site, subject to the acceptance of the GTC for the purchase activities and to compare Products through the Site, subject to the acceptance of the GTC applicable to Buyers for the purchase activities through the Site. The Seller undertakes not to copy, reproduce, download, republish, sell, distribute or resell any of the AKIREH Services or information, text, image, design, video, audio, directory, file, database, list and/or content available on or through the Site.Using any material or content available on or through the Site (hereinafter, the “Site Content”) is forbidden.Using any Site Content for purposes different from those expressly allowed under the GTC (i.e., promotion and sale of Products)is forbidden.
3.3 The Seller is obliged to read and accept the privacy policy and cookie policy of AKIREH, available on the Site.
3.4 The Seller undertakes not to perform any action aimed at impairing the integrity of the computer systems of AKIREH and/or any other Seller/Buyer and/or gaining unauthorized access to such systems.
4. SELLER’S ACCOUNT
4.1 The Seller must be registered on the Site in order to access and use the AKIREH Services through the Seller’s Account. AKIREH reserves the right to refuse, for any reason, the registration request from a Seller.
4.2 Upon registration on the Site, AKIREH assigns an account, an ID and a password to each registered Seller. Sellers will be allowed to change their password by accessing their own Seller’s Account and following the instructions provided therein.
4.3 Each Seller can access his Seller’s Account by logging in and using his personal password. The Seller is the sole responsible for keeping the login ID and password secret and safe and for all activities performed on the Seller’s Account. No Seller can share, assign or allow the use of hisSeller’s Account, login or password to third parties. The Seller undertakes to promptly send a notice to AKIREH upon becoming aware of any unauthorized use of his login, password or Seller’s Account or of any security breach of hisSeller’s Account.
5. BREACHES
5.1 If the Seller breaches the GTC or AKIREH has reasonable grounds to believe that the Seller might have breached the GTC, AKIREH will be entitled to suspend or deactivate the Seller’s Account or suspend the use of any AKIREH Services, without this entailing in any case any responsibility for AKIREH. AKIREH has also the right to limit, deny or exclude any current or future use of any of the AKIREH Services provided by AKIREH.
5.2 The Seller undertakes to indemnify and keep AKIREH, its affiliates, employees, agents and representatives harmless from any and all damages, losses and liabilities (including legal expenses) caused by the improper use of the Site and/or the AKIREH Services and/or by the breach of the GTC.
6. PRODUCTS for CONSIGNMENT
6.1 AKIREH will sell the Products which it has received from the Seller or which it has taken over from the Seller on the basis of the principles of a consignment contract.
6.2 Consequently, the Seller will retain the ownership and rights of each Product delivered to AKIREH, even after the transfer to AKIREH of the physical possession of that Product, until the moment in which the Product becomes a Product Sold (as defined below). In light of the above, the Seller undertakes not to sell or attempt to sell in any form and/or through any channel, directly or indirectly, other than the sale through the Site, any Product received in consignment by AKIREH pursuant to the GTC.
6.3 A Product is to be considered sold when:
it is sold by AKIREH to a Buyer and is not returned to AKIREH within the 14th day after receipt of the Product at the Buyer’s address (hereinafter the “Return Period”);
it is lost, stolen, damaged or destroyed during the Approved Shipping (as defined below) and while in the possession of AKIREH;
(hereinafter referred to as the “Product Sold“).
6.4 Following receipt or take-over of the Product from the Seller, AKIREH will send a notification of receipt of the Product to the email address provided by the Seller at the time of registration on the Site.
6.5 Once received by AKIREH, the Products will be evaluated and inspected by AKIREH (hereinafter, the “AKIREH Validation”). After the AKIREH Validation, the Seller will be able to access the Seller’s Account on the Site and find each Product that has been accepted in consignment (hereinafter, the “Accepted Product”) and its indicative sale price determined by AKIREH for such Accepted Product.
6.6 The price of each Accepted Product shall be determined at the sole discretion of AKIREH, subject to the provisions of Article 11 below and, in any case, without prejudice to the Price Management as defined below and described in paragraph 11.2 letter b.
6.7 The Product Accepted will be processed and indicated as available for sale on the Site and on other partner sites and on the AKIREH App.
6.8 AKIREH may use the Accepted Products for any photo shoot or event (including the sale of the Accepted Products during such event) organized by AKIREH anywhere in the world.
7. LOSS OF OR DAMAGE TO PRODUCTS DURING SHIPMENT OR STORAGE
7.1 AKIREH will only accept the Products from the Seller for consignment. The Seller shall be liable for any risk of loss or damage to the Product until AKIREH physically enters into possession of the Product in question.
7.2 Otherwise, in the event that the Seller uses the approved and pre-paid shipping label that provides a shipping method approved by AKIREH, AKIREH assumes the risk of loss or damage to the Products from the time of shipment (hereinafter referred to as the “Approved Shipment”).
7.3 If a Product is lost, damaged or stolen during the Approved Shipment or while in possession of AKIREH, that Product is considered a Product Sold and AKIREH will be required to pay the Seller Profit (as defined below).Such Seller Profit is calculated, depending on the case, (a) on the basis of the estimated selling price at the time of loss or damage, whether such loss or damage occurs during the Approved Shipment; (b) on the Initial Sale Price (as defined below) if the loss or damage occurs after the AKIREH Validation; or (c) on the basis of the Final Sale Price (as defined below) if the loss or damage occurs after the sale.
7.4 Such remedy will be the only remedy and the only recourse against AKIREH for lost, damaged or stolen Products and will replace any other remedy otherwise available under the law or equity.
8. CONDITIONS OF ACCEPTANCE OF PRODUCTS
8.1 After receiving or taking over the Product from the Seller, AKIREH will evaluate and inspect each item in order to determine, at its sole discretion, the originality, quality and value of the Product in question.The conditions of the object will affect the assessment of AKIREH.
8.2 AKIREH accepts the Product in consignment only if:
(i) the Seller’s representations and warranties contained in Article 14 below are true and correct;
(ii) AKIREH determines at its sole discretion that (a)the Product is new/never used (with or without packaging and original documents) or in excellent condition (equal to new) or very good (i.e. it has not deteriorated due to excessive wear and/or use); (b)the Product is washed, clean and odorless; (c) if a Product needs a minimum of fine tuning to commercialize it and prevent it from being rejected and returned to the Seller, it is understood that in such a case AKIREH may take such initiatives as it deems appropriate at its sole discretion; and
(iii) the product is included in the current brand list of AKIREH (hereinafter the “Brand List”) at the time of evaluation (the Brand List is available on the Site).
(iv) AKIREH determines by its exclusive discretion that the Product is original.
8.3 Without prejudice to the assessment and inspection of the originality of the Products by AKIREH, the Seller shall be and remain the sole responsible for such originality towards the Buyers and any third party.
8.4 Products that do not meet all the above criteria will not be accepted by AKIREH and alternatively will be:
(i) returned to the Seller, at its own expenses, to the same address at which AKIREH took delivery of the Product or to the address provided by the Seller at the time of registration on the Site; or
(ii) with the written consent of the Seller, donated to a charity chosen by AKIREH.
9. COUNTERFEITED PRODUCTS
9.1 The Seller is solely responsible for ensuring the originality of any Product it supplies to AKIREH. In the event that AKIREH should ascertain that a Product is not original, AKIREH may, in its sole discretion, reject the non-original Product.
9.2 If AKIREH at any time should determine that a Product is counterfeited, AKIREH will notify its determination to the Seller and grant him the opportunity to provide evidence of the Product’s originality that might be acceptable to AKIREH.
9.3 Should AKIREH ascertain the lack of originality of a Product, AKIREH will arrange for its return to the Seller, at the latter’s expense. If the Product is not recovered by the Seller, at its own expense, within 45 days of the notification sent to the Seller, the Product will be destroyed.
9.4 Should AKIREH definitively determine that the Product is counterfeited, AKIREH will immediately inform the competent authority and send the Product to such authority.
9.5 The Seller acknowledges, understands and confirms that it is aware of all laws and regulations applicable to Products for consignment that are counterfeited or have been stolen. The Seller also understands and accepts that AKIREH will cooperate with any judicial and law enforcement authorities for the application of such laws and regulations.
10. DURATION OF THE CONSIGNMENT SERVICE AND RETURN OF PRODUCTS
10.1 The duration of the consignment service for each Product begins on the date of AKIREH Validation and ends 365 days later (hereinafter, the “Duration of the Consignment Service”). The Seller may request, in writing, AKIREH to extend the Duration of the Consignment Service and AKIREH, in its sole discretion, may refuse to accept such extension.
10.2 If a Product remains unsold at the end of the Term of the Consignment Service, AKIREH will notify the Seller and, at the option of the Seller and at the expense of AKIREH:
(i) return the Product to the Seller; or
(ii) donate the product to a charity chosen by AKIREH.
10.3 If the Seller does not respond to AKIREH’s notice that the Product remained unsold within fourteen (14) days, AKIREH may freely dispose of the unsold Product, alternatively by giving it to a charitable organization of its choice or by destroying the Product in question.
11. PRICE DETERMINATION AND MANAGEMENT
11.1 Pursuant to the GTC, AKIREH will display the Products on the Site, the partner Sites and the AKIREH App. At the sole discretion of AKIREH, the Products may be simultaneously displayed and offered for sale at events organized by AKIREH. AKIREH will make every commercially reasonable effort to sell the Products.
11.2 The Seller acknowledges and agrees that:
a) AKIREH, at its sole discretion, will determine the initial selling price of each Product (hereinafter, the “Initial Selling Price”) on the basis of its assessment of the Product (taking into account, among other things, the brand, the type of Product, the year of production, the color and of course the conditions), together with its own determination of the current market price for that Product.
b) AKIREH may apply price reductions and promotions during the Service Duration period of the Sales Account, at its sole discretion and without notifying the Seller, in order to market and sell the Products efficiently, unless the Seller and AKIREH agree in writing to sell the Product at a specific price. Starting from the 90th day of the online sale, the reduction of the initial sale price will be equal to a 5% every 30 days, up to a maximum of 50%. For items with an initial sale price of €5000.00 up, the reduction will always start from the 90th day after the item went online, but the initial sale price will be discounted by 5% every 60 days and will not exceed 25%. The percentage of the Seller’s profit will always be calculated based on the final selling price, after the application of the discounts.
12. SELLER PROFIT AND PAYMENTS
12.1 For the purposes of this document,
“Site Credit” means an account in the name of the Seller on which the Seller may credit any amount due to him by reason of its Sold Products. The Seller may use this Site Credit exclusively to make purchases on the Site.
“Final Selling Price” means the price at which the Product becomes a Sold Product, after applying the applicable discounts and promotions and excluding shipping.
“Seller Percentage” means the rate to calculate the profits due to the Seller for each Product that becomes a Sold Product, as stated in the table below (the “Seller Profit”):
PERCENTAGE SELLER YOUR PERCENTAGE VARIES ACCORDING TO FINAL SELLING PRICE
●60% With a final sale price up to €99.99
●65% With a final sale price between € 100,00 and € 150,00
●70% With a final sale price between €150.01 and €999.99
●75% With a final sale price between €1,000.00 and €5,000.00
●80% With a final sale price over € 5.000,00
12.2 The percentages due to the Seller in relation to the sale of the Products are calculated in accordance with the rates illustrated and described in the preceding definition of “Seller Percentage” and will apply to the individual Products.
12.3 Without prejudice to the above, AKIREH may also, from time to time, at its sole discretion, make other changes to the structure of its percentages and to the Seller Percentages that will become valid and effective from the 15th day after receipt, by the Seller, of the related notification sent by AKIREH.
12.4 Seller Profit Calculation: AKIREH will pay the Seller a Seller Profit for each Product Sold. The Seller Profit will be equal to the Final Sale Price of the Product multiplied by the applicable Seller Percentage. The Seller Profit will be the only payment that the Seller will receive under the GTC.
12.5 Payments:
a) AKIREH will pay the Seller Profit (i) on the 10th day of each month for sales occurred between the 1st and the 15th day of the previous month; and (ii) on the 25th day of each month for sales occurred between the 16th and the last day of the previous month. For the purposes of this provision, the sale of a Product is understood to have taken place at the time when the relevant order for the sale of that Product was executed by the Buyer.
b) At the choice of the Seller, payments will be made to the Seller (i) directly on its Site Credit; or (ii) by bank transfer or Paypal. The Seller may at any time choose to change the payment option between the two identified above, it being understood that the new payment option will apply to all profits resulting from sales made after the choice of the new payment method.
12.6 In the event of any dispute between the Seller and AKIREH, AKIREH shall have no obligation to pay any profit or other amount due to the Seller, including, but not limited to, any amounts outside the dispute, at least until the dispute is resolved. AKIREH may retain any Seller Profit due (including that due for a Sold Product not subject to dispute) in total or partial satisfaction of any sum owed by the Seller to AKIREH.
13. WAIVER OF WARRANTIES – LIMITATION OF LIABILITY
13.1 The Seller expressly understands and agrees that the Seller’s use of the AKIREH Services is at its sole and own risk.
13.2 The AKIREH’S consignment service and AKIREH Services are provided on an “as is” and “as available” basis.
13.3 AKIREH expressly denies any type of warranty, whether express or implied, including but not limited to, the implied warranties of merchantability, made for a particular purpose.
13.4 AKIREH makes no warranty that:
(a)AKIREH Services will meet the Seller’s requirements; or
(b)AKIREH Services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, that the Seller obtains from AKIREH Services or through or from the Site, shall create any warranty not expressly indicated in the GTC.
13.5 AKIREH and its officers, employees, agents, partners, and collaborators shall not be liable to the Seller for any direct, indirect, incidental, special, consequential, or exemplary damages or for damages deriving from loss of profits, goodwill, use, data, or for other intangible losses (even if AKIREH has been advised of the possibility of such damages) resulting from:
(a)the use or the inability to use the AKIREH Services or the Site;
(b) the unauthorized access to or alteration of Seller’s communications or data;
(c)the activities contemplated by the GTC; or
(d)any other matter relating to the AKIREH Services or the GTC.
13.6 In no event the liability of AKIREH under the GTC will exceed the amount that has actually been received as a result of the sale of the Products.
13.7 The above disclaimers and limitations are a fundamental part of AKIREH’s business, and AKIREH would not enter into the GTC without such disclaimers and limitations. Please seek the advice of professional sto understand the content of the GTC and for an evaluation of any specific opinion, advice, product, service, or other content.
14. SELLER’S LIABILITY
14.1 The Seller declares and warrants that (a)he has full powers and freedom to accept the GTC, (b)he uses the Site for personal purposes, and (c) all personal data (and therefore, name, surname and address) provided with his registration on the Site are true, correct and updated.
14.2 The Seller represents and warrants that the information and documentation provided by the Seller during his registration process or upon AKIREH’s request are correct, true and updated. The Seller also undertakes to always keep the information provided on hisSeller’s Account updated.
14.3 By registering on the Site, the Seller accepts, also pursuant to the privacy policy of AKIREH, that all the information provided to AKIREH will be stored and processed according to the same privacy policy and to the applicable law.
14.4 The Seller represents and warrants that all the information he will forward to AKIREH:
are true, accurate, complete;
are not false, misleading or deceptive;
do not have any direct or indirect link to other Sites whose content might cause a breach of the GTC.
14.5 The Seller further represents and warrants that:
he is the sole and only owner of the Products, has a valid and marketable title for each Product and has the right to give on consignment and sell such Products;
no Product is subject to any lien or other constraints;
the Products do not include counterfeited goods;
the Products do not infringe, violate or constitute an undue appropriation of trademarks, copyrights or other intellectual property rights or other proprietary rights of third parties, of any state law, or of any administrative regulation;
he will not use the AKIREH Services or the Site for fraudulent and/or illegal purposes;
he will not use the AKIREH Services on behalf of third parties, except in cases expressly authorized in writing by AKIREH;
he will not perform spamming or phishing activities;
he will not carry out any activity that might enable the growth of computer viruses or other destructive tools and codes that can damage, interfere with, intercept, deactivate, destroy any software or hardware, data or personal information;
he will not carry out any activity aimed at undermining the integrity of data or systems used by AKIREH and/or any other Seller and/or Buyer or gaining unauthorized access to such data or systems;
he will not execute, nor try to execute, transactions with the Sellers outside of the Site.
14.6 The Seller shall indemnify and hold AKIREH harmless from all damages, suits, disputes, awards, losses, expenses and costs, including but not limited to, legal fees and costs, incurred and/or to be incurred by AKIREH as a result of and/or in relation to the breach of the GTC by the Seller and/or false or inaccurate representations and warranties contained in the GTC, provided by the Seller by accepting the GTC when registering on the Site, as well as those resulting from or deriving, in any way, from the publication and/or sale of the Product by AKIREH, including, but not limited to, civil or criminal cases relating to the originality, conformity or ownership of the Product, sales’ lawfulness or copyright or trademark infringement.
15. FORCE MAJEURE
AKIREH shall never be deemed responsible for delays, errors or interruptions regarding the contents provided on the Site or AKIREH Services that directly or indirectly arise from natural events or events that do not fall within AKIREH’s control, including, without limitation, issues related to the Internet, telecommunications or other equipment breakdowns, lack of power, strikes, labour disputes, civil disorders, insurrections, pandemics, labour or materials shortages, fires, floods, storms, explosions, wars, governmental actions, court or national or international tribunals’ orders or underperformance by third parties.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 AKIREH is the sole owner of all the rights and contents of the Site and of the AKIREH Services provided on the Site. The Site and the AKIREH Services represent privileged commercial information and constitute intellectual property rights globally protected by copyright and the applicable relevant laws. All ownership and intellectual property rights of the Site and the AKIREH Services are and shall be the exclusive property of AKIREH.
16.2 The name “AKIREH”, the logo, the pictogram and all connected icons and logos and trademarks or registered trademarks are trademarks owned by AKIREH. Any unauthorized copy, change, use or publication of such trademarks is strictly forbidden.
17. TERMINATION
17.1 Pursuant to art. 49, paragraph 1, letter (h) of the Consumer Code (Legislative Decree no. 206of September 6, 2005), the Seller has the right to terminate the GTC, without providing any reason, within 14 days from the subscription of the GTC (hereinafter, the “Termination Period”). In order to exercise the right of termination, the seller must notify in writing (for example, by e-mail) his decision to terminate the GTC to AKIREH S.r.l., Via Monte Santo, 4, 20124 Milan, Italy, e-mail address hello@akireh.com . For this purpose it is possible, but not mandatory, to use the standard termination form that can be downloaded here. In this case, AKIREH will send the seller an acknowledgement of receipt by e-mail. In order to comply with the termination period, the Seller must send a notice of exercise of the right of termination before the expiry date of the above period.
17.2 After the exercise of the Seller’s termination of the GTC, AKIREH shall return the Products of the Seller in any case no later than fourteen (14) days from the day on which AKIREH became aware of the decision to exercise the right of termination.
17.3 To the extent permitted by applicable laws, the act of sending any product to AKIREH or the act of AKIREH to take delivery of any product before the end of the termination period shall be considered as an express waiver, by the Seller, of the right of termination with regard to the Product already received by AKIREH.. Therefore, suchProduct will remain subject to the GTC.
17.4 AKIREH has the right to terminate the GTC without notice and without giving any reason thereof. In order to exercise the right of termination, AKIREH will notify the Seller in writing (for example, by e-mail) of the decision to exercise the right of termination at the e-mail address provided by the Seller during the registration process on the Site. In that case, the provisions of paragraph 17.2 above shall apply mutatis mutandis.
COMMUNICATIONS
18.1 All legal communications or requests from or on the Site or through the AKIREH Services should be made in writing and sent to AKIREH by e-mail (unless otherwise specified by AKIREH) to the following address: legal@akireh.com.
18.2 AKIREH shall make all notices to the Seller at the e-mail address provided by the Seller during the registration process on the Site. The Seller is solely responsible for the constant updating of such information provided to AKIREH.
19. MISCELLANEA
19.1 AKIREH and the Seller are and will always be independent contractors; among them there is no agency, collaboration, joint venture, employment or franchise relationship.
19.2 If one or more of the provisions of the GTC should be void or otherwise invalid or ineffective, AKIREH and the Seller shall remain bound by all the other provisions of the GTC. In such a case, they shall replace the invalid or non-binding provisions with other valid and binding provisions which have, to the maximum possible extent, an effect similar to the invalid or ineffective ones, taking into account the contents and purpose of the GTC.
19.3 The possible tolerance of one of the parties to the conduct of the other party in violation of the GTC does not imply waiver of the rights deriving from the breached provisions, nor of the right to demand the fulfilment of all the terms and conditions set forth in the GTC.
19.4 The Seller is not authorized to assign the GTC or any interest that the Seller might have in such GTC without the prior written consent of AKIREH. Any prohibited assignment will be considered null and void towards AKIREH.
19.5 The headings of the articles used in the GTC were placed only for convenience and cannot be used to interpret the meaning or intent of the GTC.
APPLICABLE LAW
20.1 The GTC are governed by and are to be interpreted in accordance with Italian Law and in particular (but without limitations) in accordance with the Consumer Code (Legislative Decree no. 206 of September 6, 2005) and Legislative Decree no. 70 of April 9, 2003, regulating electronic commerce.
21. JURISDICTION and dispute resolution
21.1 Any dispute relating to the interpretation, validity and execution or in any way arising from the GTC and/or the activities related to the use of the Site and/or the AKIREH Services, will be devolved to the exclusive jurisdiction of the city where the Seller has its residence or domicile, pursuant to art. 66 bis of the Consumer Code.
21.2 AKIREH suggests to the Seller that he should inform AKIREH in advance of any dispute by contacting AKIREH’s legal department by writing to legal@akireh.com.
21.3 The Seller may activate a procedure for the out-of-court settlement of the dispute in accordance with the requirements of art. 141 sqq. of the Consumer Code. In the event that the Seller activates this procedure, AKIREH guarantees its participation in a friendly settlement attempt that the user can promote in front of an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan.
21.4 The Seller also has the right to use the online dispute resolution procedure available at http://ec.europa.eu/consumers/odr/.
21.5 In addition, for any cross-border dispute relating to the application, execution and interpretation of the GTC, the Seller, who is habitually resident or domiciled in a Member State of the European Union other than Italy, may introduce the European Small Claims Procedure established by Regulation (EC) No. 861/2007 of the European Council before the competent court, provided that the value of the dispute does not exceed, excluding interest, the fees and expenses, Euro 5.000,00 on the date on which the competent court receives the application form. The text of the Rules of Procedure can be found at https://eur-lex.europa.eu/eli/reg/2007/861/oj
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, where applicable, the Seller declares that it has read and expressly and specifically approved the following articles:
– Article 2 (Performance of the AKIREH services)
– Article 5 (Breaches)
– Article 7(Loss or damage to products during shipment or storage)
– Article 8 (Conditions of acceptance of Products)
– Article 9 (Counterfeited products)
– Article 10 (Duration of the consignment service and return of Products)
– Article 11 (Price determination and Management)
– Article 13 (Waiver of Warranties – Limitation Of Liability)
– Article 14 (Seller’s liability)
– Article 15 (Force majeure)
– Article 17 (Termination)
– Article 19 (Miscellanea)
– Article 20 (Applicable law)
– Article 21 (Jurisdiction and dispute resolution)
GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONAL SELLERS
In force as of November 1, 2020
The Seller, that is a professional seller, i.e. a company using any of AKIREH Services(as defined below) for a purpose which attains to its business activity or corporate object (hereafter the “Seller”), shall carefully read and accept the following general terms and conditions of sale (hereinafter, the “GTC”) to sell its products (as defined below), which have been sent by the Seller to AKIREH S.r.l. or taken over by AKIREH S.r.l. from the Seller, under a sales contract.
The GTC describe the terms and conditions applicable to the access to the www.akireh.com site (hereinafter the “Site”) and to the sale of the Products through the Site.
This document is a legally binding agreement between the Seller, who shall have previously registered on the Site and AKIREH S.r.l., with registered office in Milan (Italy),via Monte Santo, 4, 20124 – VAT no. 11673730963, enrolled with the Companies’ Register of Milano – Monza – Brianza – Lodi (hereinafter“AKIREH”), in its quality as owner and manager of the Site.
DEFINITIONS and WHEREASES
For the purposes of this document:
“Products” means items such as new or second-hand objects and all kinds of furnishing accessories such as design objects, decorative accessories, furnishing fabrics, antiquities and, more generally, whatever can be considered as a complement to the house, individual and leisure, that are being or have been commercialized by the Seller and that may be sold through the Site.
“AKIREH’s Services” include
(a)the registration on the Site by the Seller and the creation of a specific page for the Seller on the Site (hereinafter, the “Seller’s Account”);
(b)the storage and safekeeping of the Seller’s Products;
(c) the verification of the authenticity, quality and conditions of the Products;
(d)the offering for sale of the Products by creating and displaying a description and the related photographs of the Products:
on the Site;
on AKIREH’s mobile app (hereinafter, the “AKIREH’s App”);
in AKIREH’s sole discretion, at AKIREH’s retail stores (hereinafter, the “AKIREH’s Retail Stores”);
(e) the managing all of the activities related to the sale of the Products to the Users of the Site (hereinafter, the “Buyers”);
(f) in the case of sale of any Products, its packaging and shipping to each Buyer;
(g) the receipt of the amounts paid by each Buyer, corresponding to the Final Purchase Price (as defined below);
(h) the payment of the Seller’s Profit (as defined below) for each Product Sold (as defined below), and
(i) the return to the Seller of any unsold Product within the timeframe and in the modalities agreed upon.
1. APPLICATION AND ACCEPTANCE OF THE GTC
1.1The provision of the Services by AKIREH to the Sellers is subject to the terms and conditions contained in this document as well as to the privacy policy and cookie policy published on the Site and accessible on the pages: https://www.akireh.com. Therefore, in order to use the AKIREH Services, the Seller must read carefully and accept the GTC.
1.2 The Seller, with the acceptance of these GTC, declares to be in possession of all the necessary requirements to use the AKIREH Services.
1.3 The Seller acknowledges and accepts that AKIREH might unilaterally make changes to the GTC, at any moment, by publishing the amended version of the GTC on theSite and notifying the Seller, with a 14 days’ notice, by e-mail, of such amendment. The modified GTC do not apply to products accepted for sale (as defined below), before the date in which the changes to the GTC became effective. It is understood that, following a modification, the Seller will have the right to withdraw from the GTC, in accordance with the article 17 below. The use of the AKIREH Services and the Site by the Seller following a modification of the GTC will be considered as acceptance by the Seller of the changes made by AKIREH to the GTC.
1.4 The official language of theGTCis Italian. Any version drafted in other languages has a merely informative nature and represents a courtesy translation. Therefore, in case of controversy with regard to the interpretation of the GTC, the prevailing and governing language shall be the Italian language. The Italian version is available on the Site (by selecting the language).
1.5 Sellers shall not make, and are not entitled to make, any change to the GTC.
1.6 TheGTC shall become valid and effective when the Seller’sAccount is activated by AKIREH upon the Seller’s request and shall cease to be valid and effective when the Seller’sAccount is deactivated by AKIREH or by the Seller.
2. PERFORMANCE OF THE AKIREH SERVICES
2.1 All the AKIREH Services available on the Site are in general provided by AKIREH to the Seller.
2.2 In order to use the AKIREH Services, the Seller shall sign in on the Site as a member. AKIREH reserves the right to limit or make changes to the terms and conditions of use of the AKIREH Services.
2.3 At its sole discretion, AKIREH will be entitled to limit, deny or create different levels of access to and use of the AKIREH Services (or any part of the AKIREH Services).
2.4 Some AKIREH Services might be provided by third-party suppliers of AKIREH.
3. SELLERS
3.1 As condition to access and use the Site and the AKIREH Services, the Seller accepts and undertakes to comply with and respect all the applicable laws and regulations as well as the GTC (as from time to time amended and/or integrated).
3.2 The Seller accepts to use the Site and the AKIREH Services exclusively to sell its own Products through the Site, subject to the acceptance of the GTC for the purchase activities and to compare Products through the Site, subject to the acceptance of the GTC applicable to Buyers for the purchase activities through the Site. The Seller undertakes not to copy, reproduce, download, republish, sell, distribute or resell any of the AKIREH Services or information, text, image, design, video, audio, directory, file, database, list and/or content available on or through the Site.Using any material or content available on or through the Site (hereinafter, the “Site Content”) is forbidden.Using any Site Content for purposes different from those expressly allowed under these GTC (i.e., promotion and sale of Products)is forbidden.
3.3 The Seller is obliged to read and accept the privacy policy and cookie policy of AKIREH, available on the Site.
3.4 The Seller undertakes not to perform any action aimed at impairing the integrity of the computer systems of AKIREH and/or any other Seller/Buyer and/or gaining unauthorized access to such systems.
4. SELLER’S ACCOUNT
4.1 The Seller must be registered on the Site in order to access and use the AKIREH Services through the Seller’s Account. AKIREH reserves the right to refuse, for any reason, the registration request from a Seller.
4.2 Upon registration on the Site, AKIREH assigns an account, an ID and a password to each registered Seller. Sellers will be allowed to change their password by accessing their Seller’s Account and following the instructions provided therein.
4.3 Each Seller can access the Seller’s Account by logging in and using its personal password. The Seller is the sole responsible for keeping the login ID and password secret and safe and for all activities performed on the Seller’s Account. No Seller can share, assign or allow the use of theSeller’s Account, login or password to third parties. The Seller undertakes to promptly sent a notice to AKIREH upon becoming aware of any unauthorized use of its login, password or Seller’s Account or of any security breach of theSeller’s Account.
5. BREACHES
5.1 If the Seller breaches the GTC or AKIREH has reasonable grounds to believe that the Seller might have breached the GTC, AKIREH will be entitled to suspend or deactivate the Seller’s Account or suspend the use of any AKIREH Services, without this entailing in any case any responsibility for AKIREH. AKIREH has also the right to limit, deny or exclude any current or future use of any of the AKIREH Services provided by AKIREH.
5.2 The Seller undertakes to indemnify and keep AKIREH, its affiliates, employees, agents and representatives harmless from any and all damages, losses and liabilities (including legal expenses) caused by the improper use of the Site and/or the AKIREH Services and/or by the breach of the GTC.
6. PRODUCTS for sale
6.1 AKIREH will sell the Products which it has received from the Seller or which it has taken over from the Seller on the basis of the principles of a consignment contract.
6.2 Consequently, the Seller will retain the ownership and rights of each Product delivered to AKIREH, even after the transfer to AKIREH of the physical possession of that Product, until the moment in which the Product becomes a Product Sold (as defined below). In light of the above, the Seller undertakes not to sell or attempt to sell in any form and/or through any channel, directly or indirectly, other than the sale through the Site, any Product received by AKIREH in consignment pursuant to these GTC.
6.3 A Product is to be considered sold when:
is sold by AKIREH to a Buyer and is not returned to AKIREH within the 14th day after receipt of the Product at the Buyer’s address (hereinafter the “Return Period”);
is lost, stolen, damaged or destroyed during the Approved Shipping (as defined below) and while in the possession of AKIREH;
(hereinafter referred to as the “Product Sold“).
6.4 Following receipt or take-over of the Product from the Seller, AKIREH will send a notification of receipt of the Product to the email address provided by the Seller at the time of registration on the Site.
6.5 Once received by AKIREH, the Products will be evaluated and inspected by AKIREH (hereinafter, the “AKIREH Validation”). After the AKIREH Validation, the Seller will be able to access the Seller’s Account on the Site and find each Product that has been accepted in consignment (hereinafter, the “Accepted Product”) and its indicative sale price determined by AKIREH for such Accepted Product.
6.6 The price of each Accepted Product shall be determined at the sole discretion of AKIREH, subject to the provisions of Article 11 below and, in any case, without prejudice to the Price Management as defined below and described in paragraph 11.2, letter b.
6.7 The Product Accepted will be processed and indicated as available for sale on the Site and on other partner sites and on the AKIREH App.
6.8 AKIREH may use the Accepted Products for any photo shoot or event (including the sale of the Accepted Products during such event) organized by AKIREH anywhere in the world.
6.9 The Seller undertakes to deliver only perfectly clean Products that’s to say Products that have been cleaned and, if necessary, ironed.
6.10 In case of deliveries made thorough AKIREH or withdrawn directly by AKIREH itself, AKIREH has the right to charge the Seller with the costs reasonably incurred for cleaning and/or ironing the Products and also has the right to deduct these costs from any sum due to the Seller by AKIREH. In order to avoid disputes, the Seller undertakes to pay particular attention to the packaging of the Products shipped (for example, using opaque envelopes or reinforced wrapping with air bubbles coating and resilient closures).
7. LOSS OR DAMAGE TO PRODUCTS DURING SHIPMENT OR STORAGE
7.1 AKIREH will only accept the Products from the Seller for consignment. The Seller shall be liable for any risk of loss or damage to the Product until AKIREH physically enters in possession of the Product in question.
7.2 Otherwise, in the event that the Seller uses the approved and pre-paid shipping label that provides a shipping method approved by AKIREH, AKIREH assumes the risk of loss or damage to the Products from the time of shipment (hereinafter referred to as the “Approved Shipment”).
7.3 If a Product is lost, damaged or stolen during the Approved Shipment or while in possession of AKIREH, that Product is considered a Product Sold and AKIREH will be required to pay the Seller Profit (as defined below).
7.4 Such remedy will be the only remedy and the only recourse against AKIREH for the lost, damaged or stolen Products and will replace any other remedy otherwise available under the law or equity.
8. CONDITIONS OF ACCEPTANCE OF PRODUCTS
8.1 After receiving or taking over the Product from the Seller, AKIREH will evaluate and inspect each item in order to determine, at its sole discretion, the originality, quality and value of the Product in question.
8.2 AKIREH accepts the Product for sale only if:
(i) the Seller’s representations and warranties contained in Article 14 below are true and correct;
(ii) AKIREH determines at its sole discretion that (a)the Product is new/never used (with or without packaging and original documents) or in excellent condition (equal to new) or very good (i.e. it has not deteriorated due to excessive wear and/or use); (b)the Product is washed, clean and odorless; (c) if a Product needs a minimum of fine tuning to commercialize it and prevent it from being rejected and returned to the Seller, it is understood that in such a case AKIREH may take such initiatives as it deems appropriate at its sole discretion; and
(iii) the product is included in the current brand list of AKIREH (hereinafter the “Brand List”) at the time of evaluation (the Brand List is available on the Site).
8.3 Without prejudice to the assessment and inspection of the originality of the Products by AKIREH, the Seller shall be and remain the sole responsible for such originality towards the Buyers and any third party.
8.4 Products that do not meet all the above criteria will not be accepted by AKIREH and alternatively will be:
(i) returned to the Seller, at its own expenses, to the same address at which AKIREH took delivery of the Product or to the address provided by the Seller at the time of registration on the Site; or
(ii) with the written consent of the Seller, donated to a charity chosen by AKIREH.
9. COUNTERFEITED PRODUCTS
9.1 The Seller is solely responsible for ensuring the originality of any Product it supplies to AKIREH.
9.2 If AKIREH at any time should determine that a Product is counterfeited, AKIREH will notify its determination to the Seller and grant him the opportunity to provide evidence of the Product’s originality that is acceptable to AKIREH.
9.3 Should AKIREH ascertain the lack of originality of a Product, AKIREH will arrange for its return to the Seller, at the latter’s expense. If the Product is not recovered by the Seller, at its own expense, within 45 days of the notification sent to the Seller, AKIREH reserves the right to decide in total autonomy which initiatives to take.
9.4 Should AKIREH definitively determine that the Product is counterfeited, AKIREH will immediately inform the competent authority and send the Product to such authority.
9.5 The Seller acknowledges, understands and confirms that it is aware of all laws and regulations applicable to Products for consignment that are counterfeited have been stolen. The Seller also understands and accepts that AKIREH will cooperate with any judicial and law enforcement authorities for the application of such laws and regulations.
10. DURATION OF THE CONSIGNMENT SERVICE AND RETURN OF PRODUCTS
10.1 The duration of the consignment service for each Product begins on the date of AKIREH Validation and ends 365 days later (hereinafter, the “Duration of the Consignment Service”). The Seller may request, in writing, AKIREH to extend the Duration of the Consignment Service and AKIREH, in its sole discretion, may refuse to accept such extension.
10.2 If a Product remains unsold at the end of the Term of the Consignment Service, AKIREH will notify the Seller and, at the option of the Seller and at the expense of AKIREH:
(i) return the Product to the Seller; or
(ii) donate the product to a charity chosen by AKIREH.
10.3 In any case, if a Product is still unsold after the end of the Term of the Consignment Service, AKIREH may propose to the Seller the reduction of the price recognized to the Seller and the Sales Price, to be both determined jointly.
10.4 If the Seller does not respond to AKIREH’s notice that the Product remained unsold within fourteen (14) days, KIREH may freely dispose of the unsold Product, alternatively by giving it to a charitable organization of its choice or by destroying the Product in question.
11. PRICE DETERMINATION AND MANAGEMENT
11.1 Pursuant to the GTC, AKIREH will display the Products on the Site, on the partner Sites and on the AKIREH App. At the sole discretion of AKIREH, the Products may be simultaneously displayed and offered for sale at events organized by AKIREH. AKIREH will make every commercially reasonable effort to sell the Products.
11.2 The Seller acknowledges and accepts that the price to which it is entitled and the selling price for the buyer of each individual Product will initially be those expressly agreed upon in writing with AKIREH, who will proceed to sell the Products at the agreed selling price.
11.3 Such agreed sales prices shall in any case be considered as purely indicative, reserving AKIREH the right to sell each individual Product at a lower or higher price depending on market conditions. This is without prejudice to the right of the Seller to receive the price initially recognized to him for each individual Product.
12. PAYMENTS
12.1 AKIREH shall pay to the Seller the price it is entitled to under Art. 11.2 through Bank Transfer/Paypal. For such purpose, AKIREH will send monthly sales reports to the Seller (if there have been any), against which the Seller will be required to issue a specific invoice in the name of AKIREH, which in turn will pay the invoice within 30 days from the end of the month in which the invoice was issued. AKIREH shall be released from any further obligation towards the Seller at the time of payment.
12.2 In the event of disputes between the Seller and AKIREH, AKIREH shall have no obligation to pay any profit or other amount due to the Seller, including, but not limited to , any amounts outside the dispute, at least until the dispute is resolved. AKIREH may setoff any sum due to the Seller (including those due for the Sold Products not subject to dispute) in total or partial satisfaction of any sum due by the Seller to AKIREH.
13. WAIVER OF WARRANTIES – LIMITATION OF LIABILITY
13.1 The Seller expressly understands and agrees that the Seller’s use of the AKIREH Services is at its sole and own risk.
13.2 The AKIREH’S consignment service and AKIREH Services are provided on an “as is” and “as available” basis.
13.3 AKIREH expressly denies any type of warranty, whether express or implied, including but not limited to, the implied warranties of merchantability, made for a particular purpose.
13.4 AKIREH makes no warranty that:
(a) AKIREH Services will meet Seller’s requirements; or
(b) AKIREH Services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, that the Seller obtains from AKIREH Services or through or from the Site, shall create any warranty not expressly indicated in the GTC.
13.5 AKIREH and its officers, employees, agents, partners, and collaborators shall not be liable to the Seller for any direct, indirect, incidental, special, consequential, or exemplary damages or for damages deriving from loss of profits, goodwill, use, data, or for other intangible losses (even if AKIREH has been advised of the possibility of such damages) resulting from:
(a) the use or the inability to use the AKIREH Services or the Site;
(b) the unauthorized access to or alteration of Seller’s communications or data;
(c) the activities contemplated by the GTC; or
(d) any other matter relating to the AKIREH Services or the GTC.
13.6 In no event the liability of AKIREH under the GTC will exceed the amount that has actually been received as a result of the sale of the Products.
13.7 The above disclaimers and limitations are a fundamental part of AKIREH’s business, and AKIREH would not enter into the GTC without such disclaimers and limitations. Please seek the advice of professionals to understand the content of the GTC and for an evaluation of any specific opinion, advice, product, service, or other content.
14. SELLER’S LIABILITY
14.1 The Seller represents and warrants that he has full power and freedom to accept the GTC.
14.2 The Seller represents and warrants that the information and documentation provided by the Seller during the registration process or upon AKIREH’s request are correct, true and updated. The Seller also undertakes to always keep the information provided on the Seller’s Account updated.
14.3 By registering on the Site, the Seller accepts, also pursuant to the privacy policy of AKIREH, that all the information provided to AKIREH will be stored and processed according to the same privacy policy and to the applicable law.
14.4 The Seller represents and warrants that all the information it will forward to AKIREH:
are true, accurate, complete;
are not false, misleading or deceptive;
do not have any direct or indirect link to other Sites whose content might cause a breach of the GTC.
14.5 The Seller further represents and warrants that:
it is the sole and only owner of the Products, has a valid and marketable title for each Product and has the right to give on consignment and sell such Products;
no Product is subject to any lien or other constraints;
the Products do not include counterfeited goods;
the Products do not infringe, violate or constitute an undue appropriation of trademarks, copyrights or other intellectual property rights or other proprietary rights of third parties, of any state law, or of any administrative regulation;
it will not use the AKIREH Services or the Site for fraudulent and/or illegal purposes;
it will not use the AKIREH Services on behalf of third parties, except in cases expressly authorized in writing by AKIREH;
it will not perform spamming or phishing activities;
it will not carry out any activity that might enable the growth of computer viruses or other destructive tools and codes that can damage, interfere with, intercept, deactivate, destroy any software or hardware, data or personal information;
it will not carry out any activity aimed at undermining the integrity of data or systems used by AKIREH and/or any other Seller and/or Buyer or gaining unauthorized access to such data or systems;
it will not execute, nor try to execute, transactions with the Sellers outside of the Site.
14.6 The Seller shall indemnify and hold AKIREH harmless from all damages, suits, disputes, awards, losses, expenses and costs, including but not limited to, legal fees and costs, incurred and/or to be incurred by AKIREH as a result of and/or in relation to the breach of the GTC by the Seller and/or false or inaccurate representations and warranties contained in the GTC, provided by the Seller by accepting the GTC when registering on the Site, as well as those resulting from or deriving, in any way, from the publication and/or sale of the Product by AKIREH, including, but not limited to, civil or criminal cases relating to the originality, conformity or ownership of the Product, sales’ lawfulness or copyright or trademark infringement.
15. FORCE MAJEURE
AKIREH shall never be deemed responsible for delays, errors or interruptions regarding the contents provided on the Site or AKIREH Services that directly or indirectly arise from natural events or events that do not fall within AKIREH’s control, including, without limitation, issues related to the Internet, telecommunications or other equipment breakdowns, lack of power, strikes, labour disputes, civil disorders, insurrections, pandemics, labour or materials shortages, fires, floods, storms, explosions, wars, governmental actions, court or national or international tribunals’ orders or underperformance by third parties.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 AKIREH is the sole owner of all the rights and contents of the Site and of the AKIREH Services provided on the Site. The Site and the AKIREH Services represent privileged commercial information and constitute intellectual property rights globally protected by copyright and the applicable relevant laws. All ownership and intellectual property rights of the Site and the AKIREH Services are and shall be the exclusive property of AKIREH.
16.2 The name “AKIREH”, the logo, the pictogram and all connected icons and logos and trademarks or registered trademarks are trademarks owned by AKIREH. Any unauthorized copy, change, use or publication of such trademarks is strictly forbidden.
17. TERMINATION
AKIREH has the right to terminate the GTC without notice and without giving any reason thereof. In order to exercise the termination right, AKIREH will notify the Seller in writing (for example, by e-mail) of the decision to exercise the termination right at the e-mail address provided by the Seller during the registration process on the Site.
18. COMMUNICATIONS
18.1 All legal communications or requests from or on the Site or through the AKIREH Services should be made in writing and sent to AKIREH by e-mail (unless otherwise specified by AKIREH) to the following address: legal@akireh.com.
18.2 AKIREH shall make all notices to the Seller at the e-mail address provided by the Seller during the registration process on the Site. The Seller is solely responsible for the constant updating of such information provided to AKIREH.
19. MISCELLANEA
19.1 AKIREH and the Seller are and will always be independent contractors; among them there is no agency, collaboration, joint venture, employment or franchise relationship.
19.2 If one or more of the provisions of the GTC should be null or otherwise invalid or ineffective, AKIREH and the Seller shall remain bound by all the other provisions of theGTC. In such a case, they shall replace the invalid or non-binding provisions with other valid and binding provisions which have, to the maximum possible extent, an effect similar to the invalid or ineffective ones, taking into account the contents and purpose of the GTC.
19.3 The possible tolerance of one of the parties to the conduct of the other party in violation of theGTC does not imply waiver of the rights deriving from the breached provisions, nor of the right to demand the fulfilment of all the terms and conditions set out in the GTC.
19.4 The Seller is not authorized to assign the GTC or any interest that the Seller might have in such GTC without the prior written consent of AKIREH. Any prohibited assignment will be considered null and void towards AKIREH.
19.5 The headings of the articles used in the GTC were placed only for convenience and cannot be used to interpret the meaning or intent of the GTC.
APPLICABLE LAW AND JURISDICTION
20.1The GTCare governed and shall be interpreted according to Italian law.
20.2 Any dispute relating to the interpretation, validity and execution or in any way arising from the GTC and/or the activities related to the use of the Site and/or AKIREH Services shall be of the exclusive competence of the Court of Milan.
20.3 AKIREH advises the Seller to first notify the existence of any complaints by contacting AKIREH’s legal department writing to legal@akireh.com.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, where applicable, the Seller declares that it has read and expressly and specifically approved the following articles:
– Article 2 (Performance of the AKIREH services)
– Article 5 (Breaches)
– Article 7(Loss or damage to products during shipment or storage)
– Article 8 (Conditions of acceptance of products)
– Article 9 (Counterfeited products)
– Article 10 (Duration of the sales service and return of products)
– Article 11 (Price determination and management)
– Article 13 (Waiver of Warranties – Limitation Of Liability)
– Article 14 (Seller’s liability)
– Article 15 (Force majeure)
– Article 17 (Termination)
– Article 19 (Miscellanea)
– Article 20 (Applicable law and Jurisdiction)

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