Sicilybay Terms and Conditions

This document sets forth the general terms and conditions of use of the sicilybay.shop website which o􏰀re Marketplace of Sicilian products provided by a third party vendor

Definitions
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Owner: Pietro Scarpaci, Via Catania 166, 90141 Palermo, F.O. SCRPTR72T02G273B , VAT No. 06789550826
Application: the website sicilybay.shop
Products: User: any individual who accesses and uses the Application
Third Party Supplier: the natural or legal person, other than the Owner, who offers the Products through the Application acting in the exercise of his or her commercial, craft or professional activity
Content: any textual or multimedia element on the Application, by way of example, ads, listings, reviews, images, etc.
Terms: this contract governing the relationship between the Owner and Users.
Relationships between Owner, Third Party Provider and Users The Application hosts a platform operated by the Owner that enables Users interested in the Products o􏰀erti by the Third Party Provider to be put in contact. When Products are o􏰀erti from Third Party Providers, the Owner is not a party to the relationship that will be established exclusively between Users and Third Party Providers and does not assume any responsibility arising from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, any contract entered into between Third Party Providers and Users is not subject to these Terms. Each Third Party Supplier’s terms and conditions of sale are published in the Application under the heading “Third Party Supplier Terms and Conditions.”
Detailed information about the offering of the Application
The Application provides Users The Marketplace brings together the best companies and craft businesses in Sicily and offers handicraft and food and wine products to the public.
Scope of the Terms The use of the Application implies acceptance of the Terms by the User. If you do not intend to accept the Terms and/or any other notices, legal notices, disclosures published or referred to therein, you may not use the Application or its services. The Conditions may be modi􏰁cate at any time.Any modi􏰁che will be in effect from the time they are posted on the Application. Before using the Application, you should read the Terms carefully and save or print them for future reference. The Owner reserves the right to change at its own discretion, at any time, the interface gra􏰁ca of the Application, the Content and its organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, where necessary, the relevant instructions.
Content submitted by Users The User may upload Content (comments) to the Application as long as it is not unlawful (i.e., obscene, intimidating, defamatory, pornographic, abusive, or in any way illegal or violates the privacy, intellectual and/or industrial property rights of the Owner and/or third parties), misleading, or is not otherwise detrimental to the Owner and/or third parties or does not contain viruses, political propaganda, commercial solicitation, mass e-mail, or any other form of spamming. In the event of a dispute by a third party, the User assumes full responsibility and agrees to indemnify and hold the Owner harmless from any damage, loss or expense. You warrant that Content is submitted to the Application through your account by those of age. For minors, submission of Content must be screened and authorized by parents or those exercising parental responsibility. The User is totally and exclusively responsible for the use of the Application with respect to the functions of publication, consultation, management of Content and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Content and his/her own behavior.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User for the purpose of appropriating his or her identity, or otherwise misrepresent the origin of Content.
The Owner is unable to ensure timely control over the Content received and reserves the right at any time to delete, move, modi􏰁care those that, in its discretion, appear to be illicit, abusive, di􏰀amatori, obscene or infringing of copyrights and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use over the submitted Content, without restriction of geographic area. The Owner may therefore, directly or through third parties of its 􏰁ducia, use, modify, copy, transmit, extract, publish, distribute, publicly perform, difuse, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any mode of communication) in any form, any Content (including images, messages, including audio and video) that should be sent by the User, including through third parties.
Submitted Content will not be returned and Owner will not be liable to Users for loss, modification or destruction of transmitted Content.
It is expressly prohibited unless explicitly authorized by the Holder: (i) The use of automatic ad uploading systems, except those expressly authorized, (ii) the serial publication and/or management of advertisements for third parties by any means or methods, (iii) resell the services of the Owner to third parties.

6. LicenseCreativeCommons

The Content and/or materials available on the Application are made available based on the terms of this license “Creative Commons Public License CC BY 4.0 EN” (hereinafter “License“). The Content and/or materials available on the Application are protected by copyright, other rights granted by copyright law (related rights, database rights, etc.) and/or other applicable laws. Any use of the content and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited.

The Owner grants the User the rights listed below on the condition that the User agrees to abide by the terms and conditions of the License.

The Owner allows the User to reproduce, distribute, communicate to the public, perform, recite, transform the Content and/or materials available on the Application by any means and format, for any 􏰁ne, including commercial, provided that the User acknowledges the authorship of the work to the Owner and provides a link to the license and indicates whether any modifications have been e􏰀ettuate. The full License can be viewed at this address: https://creativecommons.org/licenses/by/4.0/legalcode.it

7. Exclusion of warranty

The Application is provided on an “as is” and “as available” basis, and the Owner makes no express or implied warranties with respect to the Application, nor does the Owner make any warranty that the Application will meet the needs of Users or that it will never have interruptions or be error-free or that it will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but shall in no way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons wholly beyond the Owner’s control or for force majeure events.

8. LimitationofResponsibility
The Owner shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions

related to the use of the Internet outside its own control or that of its suppliers.

The Owner will also not be responsible for any damages, losses and costs incurred by the User as a result of failure to perform the contract for reasons beyond its control.

The Holder assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment,

The Holder will not be responsible for:

Any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User that is not a direct result of the breach of contract by the Owner

Incorrect or unsuitable use of the Application by Users or third parties
In no case shall the Owner be held liable for more than twice the amount of the cost paid by the User.

9. Forzamaggiore
The Holder shall not be held liable for failure or delay in the performance of its obligations, for

and unpredictable and, in any case, independent of his will.

The Holder’s performance of obligations will be understood to be suspended for the period of veri􏰁cano force majeure events.

The Holder will take any action in its power at 􏰁ne to find solutions that will enable the proper fulfillment of its obligations despite the persistence of force majeure events.

10. Linking to Third-PartySites
The Application may contain links to third-party sites/applications. The Holder exercises no control over them and,

therefore, is in no way responsible for the contents of these sites/applications.

Some of these links may redirect to third-party sites/applications that provide services through the Application. In these cases, the general conditions for use of the site/application and use of the service prepared by the third party will apply to the individual services, with respect to which the Owner assumes no responsibility.

11. Privacy
The protection and processing of personal data will be carried out in accordance with the Privacy Policy which can be viewed on page

https://sicilybay.shop/?page_id=3

12. Applicable Law and Jurisdiction
The Terms are subject to Italian law.

For Professional users, any dispute relating to the Application, execution and interpretation of these Terms shall be settled by the court of the place where the Owner is located.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions shall be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the Consumer User to bring an action before a judge other than the “consumer forum” pursuant to art. 66 bis of the Consumer Code, with territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Civil Procedural Code.

It is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.

13. Settlement of disputesonlinesforUsersConsumers

The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This instrument may be used by the Consumer User to settle non-judicially any dispute relating to and/or arising from contracts for the sale of goods and provision of services entered into online. Accordingly, the Consumer User may use such platform for the resolution of any dispute arising from the contract entered into online. The platform is available at: ec.europa.eu/consumers/odr/

Date 20/09/2023