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B2B Portal

Are you a company and want to sell through our marketplace? It's very simple: fill out the registration form and, after a careful check by us, you will be enabled to create your shop!

We remind you that participation in TBE does not require monthly fees, you will only pay a 3.5% commission on completed sales at the end of each month.

Buyers Terms & Conditions

Welcome to TBE! We are delighted to have you with us.
Get comfortable and have fun, but don’t forget to follow our house rules.

  • Acceptance of these Conditions
  • The other documents we have mentioned
  • Your privacy
  • Your account on TBE
  • Your Use of Our Services
  • Expiration Term (Resolution)
  • Warranties and limitation of liability (i.e. things you cannot sue us for)
  • Indemnification (i.e. what happens if you sue us)
  • Disputes with other users
  • Disputes with TBE
  • Changes to the conditions
  • Some and more legal details
  • Contact information

1. Acceptance of these Conditions

This document and the other documents to which we refer below constitute our regulations, or what we officially call the Conditions of Use (“Conditions” for short). The Conditions are a legally binding contract between you and TBE.
By accepting the Terms, you agree to resolve any dispute through binding individual arbitration, thereby waiving any right to submit the decision on these disputes to a judge or jury, and waiving the right to participate in any class action, trial collective arbitration, or representative action.

This contract establishes the rights and responsibilities of the user when he uses thebottlexchange.com/.it and the other services provided by TBE (we will refer to all of these as the “Services”), so we recommend that you read it carefully. By using one of our Services (even just by browsing our website), the user accepts these Conditions. If you do not accept these Conditions, you will not be able to use the Services. Are you with us? Great, read on!

2. Other documents we mentioned

TBE’s Services connect people from all over the world, both online and offline, to create, sell and buy unique products. Here is a practical guide to help the user understand the specific rules that are important to him, depending on how he uses the Services:

The house rules for everyone.
In using any of our Services, the user accepts these Conditions, our Privacy Policy.

Our rules for sellers.
If the user sells any item through our Services, this regulation applies.

Our Buyer Policy.
If the user uses our services to browse or purchase, this regulation applies.

Our Third Party Policy.
These regulations apply to intellectual property owners, TBE users, affiliates, and anyone requesting information from TBE.

All these regulations are part of the Conditions, so the user must make sure to read those that are relevant to him. Of course, you will have to read the rest of this document, because it applies to everyone!

3. Your Privacy

We know that personal information is important to the user, so they are also important to us. Our Privacy Policy explains how to use the information of the user who uses our Services. In using our Services, the user also consents to the processing of his information by us, in the ways defined in the Privacy Policy, which we invite you to read here.
Both TBE and the seller process the personal information of the members (for example, the name, email address and physical address of the buyer) and therefore consider themselves separately responsible for data control regarding the personal information of the buyer according to the EU laws. This means that each party is responsible for the personal information processed for the provision of the Services. For example, if a seller unintentionally reveals the name of a buyer and his email address in the fulfillment of another buyer’s order, the seller, and not TBE, will be responsible for such unauthorized disclosure.
If TBE and the user are jointly responsible for the processing of personal data or information, and if TBE is sued, it is subject to sanctions, or otherwise incurs costs caused by the user’s action, in as joint controller of the purchaser’s data, the user agrees to indemnify TBE for the expenses incurred in connection with the processing of the purchaser’s personal information. See Section 9. Indemnification (or what happens if the user sues us) for more information regarding the user’s indemnification obligations towards TBE.

4. Your Account on TBE

The user must create an account with TBE to use some of our Services. Here are some rules on accounts created with TBE:

a. You must be at least 18 years old to use our Services.
Children under 18 are not allowed to use TBE. Depending on your country regulation, in some cases users under 21 are not allowed to purchase alcohol or alcoholic products, so these users are not allowed to use TBE according to their country regulations.

b. The user must be honest with us.
You must provide accurate personal data. It is forbidden to use false information or impersonate another individual or another company through your account.

c. Choose an appropriate username.
If the user decides not to have his full name as the name associated with his account, remember that you cannot use offensive or vulgar language, violate someone’s intellectual property rights or otherwise violate our Conditions.

d. The user is responsible for his own account.
The user is solely responsible for any activity related to the account. If you share an account with other people, the person whose financial information is associated with the account will ultimately be held responsible for all activities. If the user registers as a commercial entity, he personally guarantees that he has the authority to accept the Conditions on behalf of the entity. Furthermore, the accounts are not transferable.

e. You must protect the password.
As we have already said, the user is solely responsible for any activity on his account, so it is important to keep the account password safe.

f. Let’s clarify our relationship.
Nothing in these Conditions constitutes an agency, partnership, joint venture, work or franchise relationship between the user and TBE.

5. Your use of our services

License to use our Services. We grant the user a limited, non-exclusive, non-transferable and revocable license for the use of our Services, in accordance with the Conditions and the following restrictions in particular:

a. Prohibition to use our Services to violate the law.
The user agrees that he will not violate any law in connection with his use of the Services. This includes all local, state and international laws that may apply to the user. For example, it is the user’s responsibility to obtain all the permits or licenses that his shop requires; the user cannot sell any goods that violate the laws; you must comply with our Sanctions Regulations, and may not commit fraud (including false statements or notifications of infringement), theft, engage in anti-competitive conduct, dangerous conduct or commit any other illegal action or crimes against TBE, against another TBE user or a third party.

b. Payment of invoices.
The user is responsible for paying all the amounts that he owes to TBE. With the exception of the foregoing, the user is solely responsible for the collection and / or payment of applicable taxes for purchases or sales made through our Services. For digital items sold to buyers based in Australia, Belarus, EU, Iceland, India, New Zealand, Norway, Russia, Serbia, South Africa, South Korea, Switzerland, Taiwan, Turkey or United Arab Emirates, TBE will take care of collect and remit the correct amount of value added tax or VAT. Some countries may refer to VAT using other terms, such as “Goods and Services Tax” (GST), but we will refer to VAT and other local sales taxes collectively as “VAT”. In addition, TBE will calculate, collect and pay sales tax, where applicable. Our Regulations on commissions and payments illustrate in a comprehensive manner the user’s commissions, invoices and taxes and how to pay them.

c. Prohibition to steal what belongs to us.
You undertake not to use techniques such as “web crawling” or “web scraping” on the pages of the Services, and not to try to decode or attempt to obtain the original code of the Services.

d. Prohibition to damage our systems.
The user must not interfere with or attempt to interrupt our services, for example by spreading viruses or other harmful computer codes.

e. Follow our Trademark Policy.
The name “The Bottle Exchange” and other TBE trademarks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or commercial images of TBE. If the user wishes to use our trademarks, they must follow our Trademark Regulations.

f. Share your ideas.
We love user suggestions and ideas! They can help us improve the user experience and our Services. All unsolicited ideas or other materials sent to TBE by the user (excluding User Content or items that the user sells through our Services) are considered non-confidential and not owned by the user. The user grants us a non-exclusive, worldwide, free, irrevocable, sub-licensable and perpetual license to use and publish such ideas and materials for any purpose, without any compensation for the user.

g. Communicate with us online.
From time to time TBE will provide certain legal information in writing. By using our Services, the user accepts our Electronic Communications Regulation, which describes how we will provide such information. The regulation states that we can send you information electronically (e.g. via email) instead of sending hard copies (which is more beneficial to the environment), and that the agreement you accept electronically has the same value. of his signature on paper.

6. Resolution

Termination by the user.
We are sorry when users leave us, however the user can terminate the account with TBE at any time, through the account settings. The cancellation of the account will not affect the availability of some of the User Content that the same has published through the Services prior to termination. Of course, the user will have to pay the outstanding invoices.

Termination by TBE.
We can terminate or suspend the user’s account (or any other related account) and his access to the Services at any time, for any reason, and without notice. If we were to resolve to do such a thing, it is important to understand that the user has no legal or contractual right to continue using our Services, for example, to sell or buy on our website. TBE may refuse service to anyone at any time for any reason.
If the user or TBE suspends the account, it is possible that the user loses all information associated with his account, including the User Content.
We may discontinue the Services. TBE reserves the right to modify, suspend or discontinue the Services at any time, for any reason. We will not be liable to the user for the effect that any changes to the Services may have on the user, including the user’s income or their ability to generate revenue through the Services.

Survival.
The Conditions will remain in force even after access to the Service is canceled or the use of the Service by the user ends.

7.Guarantees and limitation of liability (or limits on the user’s ability to sue us)

Items purchased by the user.
The user is aware that TBE does not produce, store or inspect any of the items sold through our Services, except those expressly identified with the TBE logo. The items in our marketplace, except for the aforementioned exception, are produced, offered for sale and sold directly by independent sellers, therefore TBE cannot and does not accept to provide any guarantee as to their quality, safety or even legality. Any legal claim relating to an item that the user has purchased must be addressed directly to the seller of the product. The user indemnifies TBE from any claims relating to items sold through our Services, including defective items, false declarations by sellers, or items that have caused physical damage (as in cases of product liability).

The contents to which the user has access.
The user may come across materials that he deems offensive or inappropriate while using our Services. We make no warranties regarding the content posted by users through the Services. TBE is not responsible for the accuracy, compliance with copyright, legality or decency of the content posted by users accessed through the Services. The user releases us from any liability relating to such content.

The people with whom the user interacts.
The user can use the Services to interact with other people, both online and in person. However, the user acknowledges that we do not verify the users of our services, and indemnifies us from any liability relating to his interactions with other users. We invite the user to be careful and use caution and common sense in all interactions with others, especially if he meets someone in person. This Help article provides some good advice on how to manage in-person meetings.

Third Party Services.
Our Services may contain links to third-party websites or services that we do not own or control (for example, links to Facebook, Twitter, and Pinterest). The user may need to use third-party products or services in order to use some of our Services (such as a compatible mobile phone to use our mobile applications). When accessing these third-party services, the user assumes the risk. These Third Parties may require the user to accept the respective Terms of Use. TBE is not a party to these agreements, which exclusively concern the user and the Third Party.

WARRANTIES.
THE BOTTLE EXCHANGE IS COMMITTED TO MAKING OUR SERVICES THE BEST POSSIBLE, BUT WE ARE NOT PERFECT, AND SOMETIMES THINGS CAN GO WRONG.
THE USER IS AWARE THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). WE EXPRESSLY DISCLAIM ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS THE WARRANTIES ARISING FROM THE METHOD OF EXECUTION, NEGOTIATION AND TRADING CUSTOMS.
WE DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY TIME OR PLACE; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET THE USER’S EXPECTATIONS. THE USER MAY USE THE SERVICES EXCLUSIVELY AT THEIR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TBE NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR REVENUES, OR FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES WITH THE SERVICES OR THESE TERMS. IN NO EVENT WILL TBE’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE VALUE OF ONE HUNDRED (100 EUROS) OR THE AMOUNT PAID TO TBE IN THE PREVIOUS TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Compensation (or what happens if the user sues us)

We hope this will never happen, however if TBE is sued because of something for which the user is responsible, the user agrees to defend us and hold us harmless from the consequences of his actions. This means that you will defend TBE (including any of our employees) and hold it harmless from any legal claim or request (including reasonable legal fees) arising from your actions, from the use (or abuse) of our Services, from the violation of Conditions or the violation of the rights of third parties perpetrated by the user’s account.
We reserve the right to manage our legal defense in the manner we deem appropriate, even if the user is compensating us, in which case the user agrees to cooperate with us so that we can execute our strategy.

9. Disputes with other users

If the user is involved in a dispute with another user of the TBE Services or a Third Party, we invite him to contact the other party and try to resolve the dispute amicably.

Dispute Resolution System.
Buyers and vendprs who are unable to resolve disputes regarding a transaction on our websites or mobile applications can access our Dispute System. TBE will try to help you resolve disputes in good faith and solely on the basis of our interpretation of our policies, in our sole discretion; we will not make judgments on legal issues or claims. TBE has no obligation to resolve any disputes.

TBE release.
The user releases TBE from any claims, requests and claims for compensation arising from disputes with other users or other parties.

10. Disputes with TBE

If the user has something to reproach us, please let us know, and we hope to be able to solve the problem.
If we are unable to do so, the following rules will govern any legal dispute involving our Services:

a. Applicable law.
The Conditions are governed by Italian Laws. These laws will apply regardless of the user’s place of residence.

b. Arbitration.
THE USER AND TBE AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM, OR CONCERNING, THE TERMS WILL BE DEFINITIVELY RESOLVED BY DEFINITIVE AND BINDING ARBITRATION, USING THE ITALIAN LANGUAGE, ADMINISTRATED BY THE LEGISLATIVE CODE 06/09/2005 206, GU 08/10/2005 and subsequent amendments and m.m. (“AAA”) (updated in implementation of Directive 2013/11 / EU on ADR for consumers and subsequent amendments and additions).
THE ARBITRATION, INCLUDING MATTERS CONCERNING THE ARBITRABILITY THRESHOLD OF THE DISPUTE, WILL BE MANAGED BY A SINGLE ARBITRATOR IN COMPLIANCE WITH THESE RULES.
The judgment on the arbitration award can be brought before any court having jurisdiction by matter or value.
Any arbitration under the Terms will take place on an individual basis: class arbitration and class actions are not permitted.
The user agrees that by accepting the Conditions, the same user and TBE, without prejudice to the above, have the right to lodge an appeal with the Court of competent jurisdiction to obtain an injunction or other equitable or precautionary remedy, pending a decision final referee.

c. Arbitration Costs.
Payment for all reasonable registration, administrative, and arbitration fees will be in accordance with the Commercial Arbitration Rules.

d. Jurisdiction.
OUR REGISTERED OFFICE IS IN SAN MAURO PASCOLI (FORLI-CESENA STATE, ITALY), THEREFORE ANY LEGAL ACTION AGAINST TBE RELATING TO OUR SERVICES MUST BE INTRODUCED AND TAKEN TO THE COURT OF CESENA.

e. Changes.
If any changes are made to the “Disputes with TBE” Section after the date on which the user last accepted the Conditions, these changes will not apply to any claims relating to legal proceedings against TBE prior to the date in which the changes become effective. TBE will notify any material changes to the TBE Disputes Section at least 30 days prior to the date on which such changes become effective. If you do not accept the changes to these conditions, the user may send TBE a written notification, by pec. By refusing one of the modified terms, the user agrees to arbitrate any dispute with TBE in accordance with the provisions of this section “Disputes with TBE” on the date on which the terms were last accepted, including all changes prior to the I decline. If you reopen a closed account or create a new one, the user agrees to comply with the updated version of the Terms.

11. Changes to the Conditions

We may update these Terms from time to time. If we believe the changes are important, we will notify our users by posting them through the Services and / or by sending users an email or message on this topic. In this way, the user can decide whether he wants to continue using the Services. Changes will be effective at the time of their publication, unless otherwise specified. The user is responsible for examining and familiarizing himself with any changes.
The use of the Services by the user following the changes constitutes acceptance of the updated Conditions.

12. More detailed legal aspects

The Conditions, including all the regulations that make them up, replace any other agreement between the user and TBE regarding the Services. If any part of the Conditions is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Conditions otherwise remain in full force and effect. Our failure to exercise any part of the Conditions does not constitute a waiver of our right to subsequently enforce that part or any other part of the Conditions. TBE has the right to assign its rights and obligations deriving from the Conditions.

Contact Informations

For questions relating to these Terms, please send an email to info@thebottlexchange.it