NEXCOD ERMS AND CONDITIONS
This site is managed by NEXCOD S.r.l. , a limited liability company with registered office in Corso Vittorio Emanuele 21 / s Torre del Greco (NA) Italy Proprietor of the nexcod brand. Throughout the site, the terms "us", "our" refer to "Nexcod". The services offered by this website, including all information, tools and services available on this site for the user are provided upon acceptance of all terms, conditions, policies and communications indicated in this document. By visiting our website and / or purchasing something from us, we undertake and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms and conditions and policies herein / or available via hyperlink. These Terms of Service apply to all users of the site without any exclusion, namely visitors, suppliers, customers, merchants and / or content contributors. Please read these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not accept all the terms and conditions of this contract, then you can not access the website or use any service. If these general conditions of service are considered an offer, acceptance is expressly limited to these Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and / or changes to our website. It is your responsibility to periodically check this page for any changes. Continued use or access to the site after the publication of any changes implies acceptance of these changes.
1. Consent for the use of electronic transmission channels In relation to these terms and conditions, you may be entitled to receive certain documents, such as contracts, notices and communications in writing. To facilitate the use of the site, you give us permission to provide these documents electronically instead of in paper form.
1.1 Keeping your e-mail address updated on our site In order to ensure receipt of documentation and electronic communications, the user agrees to inform us immediately of any changes to the email address by updating the information in the account on the site or by contacting the customer care.
1.2 Hardware and software required to use site services for your business To access and keep records and communications provided electronically, you must:
(a) a valid email address;
(b) an information system operating on a platform such as Windows or Mac;
(c) an Internet connection;
(d) Current versions of the software, browsers, plug-ins or other computer applications and programs identified on the site (users using other browsers may experience compatibility difficulties);
(e) a current version of a program that reads accurately and files displays PDFs, such as Adobe Acrobat Reader version 7 or higher;
(f) a computer or device and an operating system capable of supporting all of the foregoing;
(g) a printer for printing and storing records and communications in paper form or storage space on the hard disk to store records and communications in electronic format. You should keep a copy of all electronically received contracts and communications. By electronically accepting this agreement, you declare that you have read and understood your consent to receive documents and communications in electronic format; meet the minimum hardware and software requirements mentioned above; and your consent will remain in effect until it is withdrawn as specified above.
2. NEXCOD: Account
2.1 Account Eligibility
To use some site services, you need to register an account. NEXCOD offers site services for your business, or not for personal home use. It is necessary to have, and hereby, the user declares to have, an independent company (whether it is a self-employed single owner / sole proprietor or company or other commercial entity). To register an account, you must be, and hereby the user declares to be, a legal entity or an adult with the power to enter into legally binding contracts. When registering an account, you must accept the terms of this agreement. By creating an account, using the site or services, or clicking to accept the Terms of Service when requested on the site, you agree to:
(a) respect the processes, procedures and guidelines described on the website and on this agreement;
(B) be financially responsible for the use of the Website and the purchase and / or delivery of Services;
(c) maintain its obligations as specified in this document that you agree to accept, unless such obligations are prohibited by applicable law or this agreement. NEXCOD reserves the right, in its sole discretion, to refuse, suspend or revoke access to the Site and Site Services after discovery that the information you provide in any form or published on the site is not truthful, accurate and complete, or such information or other conduct violates this agreement, or for any other reason or without reason in its sole discretion.
The user declares that he is not:
(1) a citizen or resident of a geographical area in which access to or use of the Site is prohibited by laws, decrees, regulations, treaties or administrative documents;
(2) a citizen or resident, or located in a geographical area that is subject to sanctions or embargoes by Italy; or
(3) an individual, or employed or associated with an entity, located in a geographical area that is subject to sanctions or embargoes by Italy.
2.2 Account registration
The user agrees to provide truthful, accurate and complete information during registration and access to the site, making himself available to provide NEXCOD with any information and / or document necessary for the registration or updating of information in order to guarantee the accuracy, completeness and truthfulness. You must not provide false and / or misleading information about your position. You must not provide false or misleading information about your business, its skills, or the services / products provided. You must not register more than one account per customer without the express written permission of NEXCOD. Expressly forbidden to request or authorize another person to create an account in their own name, for their own use or benefit.
2.3 Verification of the identity and of the beneficial owner
When registering an account and from time to time thereafter, the same will be verified, on an exemplary but not exhaustive level, the validation of data through the use of third-party databases or verification of documentation provided by part of third-party agencies duly mandated by NEXCOD. The user expressly authorizes NEXCOD, directly or through third parties in charge, to carry out investigations necessary to validate your identity and confirm ownership of your e-mail or payment instruments used, always in compliance with current regulations. If requested, it is necessary to provide all the information required for the correct identification of the effective account holder as well as the payment instruments used.
2.4 User names and password
When registering an account, you will be asked to choose a username and password for the account. You are fully responsible for safeguarding and maintaining the confidentiality of your account username and password. You authorize NEXCOD to assume that any person using the site with your username and password (if any) is expressly authorized to act for you. You agree to inform us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access by username and password of any account user.
2.5 Feedback (Comments)
For the benefit of all users of the NEXCOD marketplace, we encourage you to leave an objective and balanced feedback about the shopping experience and the user with whom you have transacted. The user acknowledges and accepts that the feedback results will be made up of comments, ratings, and other feedback left by other users, and that NEXCOD will make available to the other users of the site, feedback and rating of each individual user. NEXCOD provides its public feedback system as a means by which users can share their views publicly without NEXCOD censoring any comments. NEXCOD does not investigate any comments made by users about their accuracy or reliability, but can do so if a user requests it. You may be held legally liable for damages incurred by other users or third parties due to your observations, if such observations are legally prosecutable or defamatory. NEXCOD is not legally responsible for any feedback or comment posted or made available on the site by any user or third parties, even if the information is defamatory or otherwise legitimately punishable. In order to protect the integrity of the feedback system and to protect users from abuse, NEXCOD reserves the right (but does not obligate itself) to remove comments or information published that violates the terms of service or negatively affects it in its exclusive exclusive judgment on the image of the marketplace.
2.6 Suspension of the account
Nexcod SRL reserves the right to suspend the account of a seller or buyer on a temporary basis (for the purpose of integration of documentation or information) or permanently at any time. In case of a permanent suspension Nexcod will refund the unblocked funds present in the e-wallet associated with the account, not earlier than 10 working days and not after 30 days from the suspension on the associated bank account.
The occurrence of one or more of the following behaviors is a cause for suspension:
- Violation of the terms and conditions of Nexcod or of our financial partner Lemonway SAS
- Request for suspension by our financial partner Lemonway SAS
- Behavior that tends to deceive the Nexcod self-check system or buyers
- Sale of products not acceptable by Nexcod or Lemonway
- Illicit activities of any kind, even if not described in this document
- Insertion of false personal data or counterfeit documentation
- Activities that cause damage, even involuntary, to the Nexcod Community
- Attività che causino danni, anche involontari, alla Community Nexcod
- nappropriate and continuous use of complaints by the seller
3. Purpose of site and site services
The Website is a marketplace where users are able to identify each other and buy or sell goods and services online, benefiting from a successful payment / collection system of the transaction managed by NEXCOD, through the creation of electronic accounts registered to users at LEMON WAY SAS with registered office in 14 rue de la Beaune 93100 Montreuil-sous-Bois France payment institution duly authorized and in possession of the license No. CIB: 16568WEB. Under the terms of this Agreement, NEXCOD provides site services to users, including hosting and maintaining the site, allowing the formation of purchase and sale contracts, reserving the right to coordinate disputes related to these service contracts. . When creating an account, NEXCOD will ask LEMON WAY SAS to create an e-wallet account to hold the user's funds. The account balance will appear on the "balance" screen of the NEXCOD account, but will be actually deposited on an electronic account at LEMON WAY SAS in accordance with article 3.1 and the articles in this document.
3.1 Guarantee Deposit Account (escrow)
NEXCOD uses LEMON WAY for the creation of electronic accounts held by users where the amounts indicated in the account balance are actually deposited. LEMON WAY is used, as a third party supplier, in connection with the opening of e-wallet accounts for the collection, payment, possession, and receipt of funds and for any other purpose useful for the proper functioning of the site. NEXCOD does not receive and hold any sum sent or received by or on behalf of the user, but merely verifies the success of the transaction by informing LEMON WAY, also through automated systems, which will make available the sums already already deposited in the account of user at LEMON WAY. In fact, within your account there will be two separate entries: one representing the total credit present but not available on the LEMON WAY account, (the TOTAL CREDIT), the other representing the credit present and available for the withdrawal on the LEMON WAY account. After entering a product or service, the first time a customer makes a purchase of a product / service, the amount will be deposited in a LEMON WAY account of the seller, and the sum of money will appear as a TOTAL CREDIT, waiting for the transaction is completed successfully and the sum is made available. The sum will then appear as an unlocked credit and it will be possible for the user to dispose of it.
Each order completed successfully, will generate the credit to your LEMON WAY account of the amount generated deducted from the commissions of NEXCOD and any other costs for the services offered. This amount will be visible as a TOTAL CREDIT on your account screen. NEXCOD also instructs LEMON WAY with automated tools, to release the funds when the transaction is completed, or upon receipt of the goods by the buyer and consequent positive feedback issued by the same, or in any case after 7 days from the transaction without having been open complaints. The sums are made available for collection on the funds request page, according to the terms and conditions of the LEMON WAY service which are an integral part of these Terms and Conditions. NEXCOD reserves itself at your sole discretion and without the need to provide reasons to remove announcements of products or services that do not comply with the law or with these conditions or that do not affect the image of the marketplace.
3.3 The buyers
Once the payment is confirmed, the order will be created and assigned a unique order number. The sellers will have to provide for the sending of goods using one of the transport systems offered by the site, even using a shipper, at his care and expense, among those proposed on the site. An order is marked as complete after the order has been delivered and in any case 7 days have elapsed from the date of delivery of the item without any complaints. We encourage our buyers and sellers to resolve conflicts with each other, also using the Complaints function. If for any reason this fails, users can contact the NEXCOD customer service department which will proceed to assess the dispute fairly.
The shipment of the goods subject to the transactions will be managed only by the seller using a shipping agent proposed by the site. The buyer undertakes to use only one of the couriers offered by the NEXCOD website. Once the delivery is made, the seller is obliged to enter the shipping code in the appropriate field of the site in order to allow the automation that controls the receipt of goods, and ensures the proper functioning of the payment guarantee system NEXCOD .
3.6 Disputes and cancellations
We encourage our buyers and sellers to try to resolve conflicts between them. If for any reason this fails, users can contact our Customer Support department at the email [email protected]
4.1 Purchase protection
Nexcod undertakes to reimburse the buyer in the event that the conditions specified in point 4.2 are presented and if the buyer has fulfilled the contractual commitments in point 4.4. The requirements for reimbursement are to have opened a dispute ticket within seven days of receipt of the goods. If Nexcod resolves the claim in favor of the buyer, it will reimburse, net of bank charges (2% + 30 cents), the price of the entire purchase and the costs of the original shipment. Nexcod will not reimburse the buyer for shipping costs incurred to return the item to the seller or to a specified third party. If the seller, once he has received the replaced goods, he / she wants to propose the change of goods to the buyer and not the reimbursement will have to pay the expenses of the new shipment. During the dispute, Nexcod can ask one of the parties to send the goods to an address specified by the administrator in order to check and then return them to their rightful recipient.
4.2 Refund conditions
The refund or cancellation of the order can be requested in the following conditions
Failure to deliver the goods
The goods are damaged or not working
The goods are totally not in conformity with the description
4) The consumer has not received complete, precise and clear information on the goods sold
4.3 Standard reimbursement procedure
Nexcod in the first phase of the complaint invites the two parties to find a good solution that can allow the seller to collect the sum of the sale and not receive negative feedback, and that the buyer can have full satisfaction with his purchase. In the event that a good solution to the dispute can not be found, the NEXCOD complaints office will intervene and, at this stage, may request useful documentation from both parties to investigate and arbitrarily decide the dispute. If one of the two parties does not present the required documentation or give useful answers within three working days, NEXCOD may resolve to the detriment of the defaulting party. The decision of NEXCOD will represent an irrevocable arbitrary verdict in favor of one of the two parties.
4.4 Obligations of the Buyer
In order to receive a refund, the buyer is required to follow the guidelines indicated here:
A)The buyer undertakes to make himself available for delivery of the goods by the courier and to provide the correct shipping address;
B)The buyer agrees to issue a positive feedback or to open a dispute related to the order placed within 7 days of delivery, the buyer will not open the dispute within these terms and can not claim any refund or action by Nexcod;
C)The buyer undertakes to check the emails received by Nexcod (also in spam) and / or other notifications from the Nexcod panel on a daily basis during the period following the order. The buyer in case he received the notification of receipt of goods without actually having received it is required to immediately open a dispute.
Nexcod can not control the actual delivery of the order except through buyer feedback, in case of negligence on the part of the buyer Nexcod does not assume any responsibility.
D)It undertakes to keep the original packaging and not to throw it until positive feedback or after one week from delivery of the product;
E)The buyer undertakes to provide in the investigation phase related to the dispute all the required documentation that may include photos and videos of the goods;
F)The buyer undertakes to promptly provide answers and documentation during disputes;
G)The buyer undertakes not to abuse complaints, above all avoiding the opening of disputes for futile reasons.
Failure to comply with these obligations may result in the release of payment to the seller and / or suspension of the account.
4.5 Refund conditions in favor of the buyer for non-delivery of goods
The occurrence of one or more events described below is due to cancellation or refund of the order:
The shipment tracking code is not inserted into the panel by the seller within 10 days of payment.
The seller cancels the order
The destination address of the tracking code does not coincide with that of the customer; the date relating to the tracking code is earlier than that of the order
Actions have been carried out with the intent of deceiving the tracking system
Seller does not provide supporting documentation that the goods have been delivered to the buyer
The buyer refuses to deliver the goods from the courier, in this case the buyer is still obliged to open a complaint indicating the refusal of the goods to obtain a refund
The package is lost or retained during shipment by third parties (eg courier or customs) except in cases where the reason for the non-delivery is caused by the buyer (4.4 - point A)
4.6 Refund conditions in favor of the buyer for damaged goods
In the event the goods are damaged or not working and the buyer proves through photos or other documentation that the goods are not working or present damages not described in the article (only for used goods) the seller is obliged to replace the goods at their own expense or to reimburse the user. The seller will be solely responsible for any damage to the goods during shipment. In the event that third parties, for example the courier, damage the goods during the transport phase, it will be the responsibility of the seller to replace the goods at his own expense or to reimburse the buyer. It is not the responsibility of Nexcod but the exclusive responsibility of the seller to stipulate any insurance contracts with the courier and provide suitable packaging in order to prevent the goods from being damaged during transport.
4.7 Repayment terms in favor of the buyer for product not in conformity with the description
An article is defined as "totally inconsistent with the description" if it is substantially different from the last description received by the seller before payment. The seller assumes the burden of describing any defect, lack or damage that the goods present in the special form "description" present during the loading of the product. It also undertakes to explicitly declare in the title and in the description if it is a used product. On the other hand, entries are not required if it is a new product.
The occurrence of one or more events described below is a cause of refund of the order:
A) The user has received a completely different object;
B) User received an empty pack of the product;
C) The user has received a different quantity from the one indicated;
D) The user has received a different quantity from the one indicated;
5. Payment conditions
5.1 Service Rates
When a customer purchases a product, NEXCOD will credit the sum of the transaction to the seller through the LEMON WAY e-wallet service, withholding fees equal to:
4% on the amount subject to the transaction
0.35 € for each order placed
The amounts will be subject to regular invoice that will be sent to the seller, using the data provided during registration of the account.
5.2 Object invoicing and tax aspects
NEXCOD will have no responsibility to verify that the goods object of the transaction are correctly invoiced by the seller, according to current legislation, both as regards direct taxes and indirect taxes (application or not of VAT). The seller will be solely responsible for determining whether the law currently in force provides that an invoice or other tax document is issued for the purposes of legal and tax lawfulness of your professional residence status. NEXCOD undertakes to monitor the regularity of the transactions as well as the legitimate origin of the goods transacted by users, requesting, whenever it deems it necessary and its unquestionable judgment, documentation proving the provenance and the lawful possession of the goods exhibited and transacted through its site as well as documentation proving the legal and fiscal regularity of the subjects involved in the transactions, as well as fiscal documentation, packaging of the objects and any other element useful to verify the legitimate origin and the legal possession of the goods transacted and to verify the correctness of the transactions. Users agree to cooperate promptly with NEXCOD in providing copies of any document or information that may be reasonably required for such verification.
6. Relations with NEXCOD
NEXCOD is not required to verify the correctness of the information provided in the description of the products offered on the marketplace and in any case the information provided by the sellers. If a user signals the incorrectness of an advertisement, NEXCOD commits to contact the seller and investigate and for the purpose of regularity of listings on the marketplace.
7. The role of NEXCOD
7.1 Service Contract
NEXCOD is a marketplace where users are able to identify each other and buy or sell goods and services online, benefiting from a successful payment / collection system of the transaction managed by NEXCOD, through the creation of electronic accounts held by users at LEMON WAY SAS with registered office in 14 rue de la Beaune 93100 Montreuil-sous-Bois France payment institution duly authorized and in possession of the license No. CIB: 16568WEB. Under the terms of this Agreement, NEXCOD provides site services to users, including hosting and maintaining the site, allowing the formation of purchase and sale contracts, reserving the right to coordinate disputes related to these service contracts. . When creating an account, NEXCOD will ask LEMON WAY SAS to create an e-wallet account to hold the user's funds. The account balance will appear on the "balance" screen of the NEXCOD account, but will be actually deposited on an electronic account at LEMON WAY SAS in accordance with article 4.1 and the articles in this document.
7.2 Verification of third parties
The site provides various services provided by third parties to verify the credentials of a user and provide other information. NEXCOD is not responsible for the accuracy of the compliance of third-party services, for which reference should be made to the general conditions and terms and conditions of the sites themselves.
7.3 Connections and applications
The Site may contain links to third-party websites. The Site may also contain applications that allow access to third-party websites through the Site. These third-party websites are owned and operated by third parties and / or their licensees. Access to and use of third-party websites, including online communication services such as chat, e-mail and calls will be governed by the terms and policies of applicable third party websites. The user acknowledges and accepts that NEXCOD is not responsible for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products present or available on third-party websites. You are responsible for deciding whether you wish to access third-party sites by clicking on a link or installing an application. You can use links and websites of third parties at your own risk and agree that the use of a third-party application or website through the Site is "as is" and "as it presents" without any warranty for any purpose.
7.4 Mobile devices and others
When using our mobile applications, you agree that fees and charges, such as your text messaging and data charges imposed by your carrier, will still apply. Our mobile applications may not contain the same functionalities available on the Website.
7.5 Site updates
NEXCOD reserves from time to time in its sole discretion to develop and provide updates on site services, which may include updates, bug fixes, patches and other bug fixes and / or new features (also known as "Updates") . Updates can also modify or delete some features and functionality in their entirety. NEXCOD reserves the right, at any time, to modify, suspend or interrupt the services of the site or any part thereof without prior notice. NEXCOD will not be liable to users or third parties for any modification, suspension or interruption of the services of the site or any part thereof.
8. Warranty exclusion
NEXCOD makes no representations about the items displayed on the Marketplace. Users agree to purchase the goods displayed on the site as well as "AS IS" and based on the availability indicated by the seller. NEXCOD can guarantee only the good functioning of the site and not the products sold there. Users undertake to hold NEXCOD harmless from any damage that may arise from the non-conformity of the products on display, even with regard to the guarantee of the products themselves.
9. Limitation of liability
NEXCOD is not responsible, and you agree to hold NEXCOD harmless, for any damages or losses arising from or in connection with this Agreement, by way of example but not exasuating by: The inability of the user to use our site or services ; delays or interruptions in our site or services; viruses or other malicious software obtained by accessing, or in connection with our site; damage to the hardware device deriving from the use of the site or services; content, site or services of third parties; suspension or other action taken against the account; Any compensation for damages, including non-contractual ones, by NEXCOD is admitted within the maximum amount of the object of the single transaction connected to the harmful event.
10. Agreement Duration and Resolution
This agreement, as amended from time to time, will be effective from the first visit to the site and will remain in force for the entire duration of use. ) This contract cancels and replaces any previous agreement, even if not written, between the same parties and can not be sold without prior written agreement. Furthermore, violations of this agreement may be prosecuted to the fullest extent permitted by law and may result in expenses and additional penalties. If a user's account is closed for any reason, it will no longer be possible to access the data, messages, files, and other material on the Site. NEXCOD undertakes to request, on behalf of the user, a refund to LEMON WAY of the amount of funds highlighted in the credit line unlocked and held in the user's E-Wallet account.
You agree to hold NEXCOD and its affiliates as well as your, officers, officers and employees harmless, against and against all losses, expenses, damages and costs, including reasonable legal fees, arising from the use of this site, including the violation of these terms and conditions by the user or any other person or entity.
12. Products not allowed
Exposure is not permitted and the sale of the following products is strictly prohibited:
a. Nourishes, Slimming pills, Sport Nutra, sports supplements, prescription drugs, drugs like viagra and related products, cigarettes, electronic cigarettes, weapons, blades (cortels, swords and the like) drugs, cannabis seeds, games of chance ( Betting and lotteries), toys without a CE certificate, Identity documents, government licenses and uniforms, Hazardous materials, subject to restrictions or regulations, Objects that encourage illegal activities, devices to break locks, franking machines, offensive material, objects related to the forces of order, material for adults (DVD, Toys and similar), cars, real estate;
b. imitation products similar to a product with the registered trademark (eg Cartier-Hermes-Lacoste.com) even if they are not precise imitations of a registered trademark;
c. completely broken products where the buyer can not control the features and enjoy its functions;
d. products stolen or deriving from other illegal activities, Nexcod can ask the seller for invoices or other documentation concerning the products on sale to find the correct origin and live animals of any kind.
The sale of food is subject to these precise requirements: They have a clearly specified expiration date. For all food advertisements it is mandatory to show the expiration date in the listing. They will be shipped to the buyer before the expiry date or use . They comply with the regulations applicable to foodstuffs and have not been altered in any way before or during shipment.
13. Applicable law and court for disputes
The Italian law applies to this contract. For any controversy related to this contract, the Court of NEXCOD will have jurisdiction, but reserves the right to appeal to the judge of the USER's registered office.