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|1.1||Present Regulations describe Terms and Conditions applicable to our services on www.shellauction.net. The services are provided by the company AL&LA S.R.L. Unipersonale, domiciled in via Sempione 25, 20016 PERO (MI), ITALY, VAT number 09193880961, email: alelashellauction.net
. The original of this Document has been written in Italian. As you agree to this Document, you implicitly agree to the Italian version of it.|
|1.2||AL&LA S.R.L. Unipersonale, providing its services, operate through its employees and consultants. From this point on, AL&LA S.R.L. Unipersonale will be referred to as "Shellauction.net".|
|1.3||If you need further informations, please contact our Customer Service at alelashellauction.net
|1.4||Shellauction.net has the right to modify at any time the contents of these Regulations, thus including any modification about fees and payments, by publishing them on the website. The new Rules will be automatically effective after 15 (fifteen) days from their communication by electronic means to the interested Users. Within this deadline, if you do not agree with the new Terms and Conditions of the Regulations, you will be free tocancel any time simply by contacting our Customer Care service at alelashellauction.net
. This version of our Regulation has been updated the 12/10/2015|
|1.5||Shellauction.net is a public website for specialized collectors (both advanced and non-advanced). When you subscribe, you have to give your generalities according to the instructions reported below. After registration, you will receive an email from the Customer Service, asking you a brief presentation about yourself and some references of yours. This is necessary to guarantee a safer and higher standard service to our Users.
Users registering as Dealers have to send: 1)a valid identity paper (passport); 2) a reference letter from a Dealer that is already in shellauction.net or from a worldwide known dealer. However, each request will be undisputably valued by the Shellauction.net Staff.
Shellauction.net will have the undisputable right to admit or not any User to its services, assigning him a login and password.
|1.6||Shellauction.net will organize sales about once a month. As User, you will be informed by email about the dates of each Sale. Users can upload their shells in the website 15 days before the sales start. Uploading will be stopped the day before the sales start. Bidding will be available for a week; you can either post your current bid, or eventually a maximum value you're willing to pay for the item (Proxy bidding). Using the Proxy Bid option, if other Users will offer on the same shell, the system will automatically post your bids to beat others' offers, up to the maximum you have set with your proxy bid. When sales close you will receive an email with your won and/or sold items, with the data needed to conclude the transactions with your Customers/Purchaser. The data will also be available through your personal User Page.|
|1.8||Instructions for uploading your shells and to place bids are described in the appropriate website sections.|
|2||Needs and procedures for registration|
|2.1||During the registration process you will be asked to agree to present Terms and conditions, as indicated below.|
|2.2||Shellauction.net services are forbidden to persons under 18 years old. Moreover, our services cannot be used by Users that are temporarily or definitively banned from Shellauction.net.
If you are registered on behalf of a Company, you must have the authorithy to accept present Regulations.
Types of Users:
a) Collector: you may choose to register yourself as a Collector if you're only interested in purchasing shells on Shellauction.net.
b) Dealer: you may choose to register yourself as a Dealer if you're interested in selling shells. You may insert max 4000 item each month. In this case you will be charged by fees as reported in present Regulations (see 7.2). You will also be able to buy as any other Collector.
New Dealers are obliged to pay a deposit to cover the future commissions that will be due to Shellauction.net. Whether this deposit is due or not is under the undisputable decision of Shellauction.net, which will judge on provided references of the Dealer, and will be applied for a limited period, as necessary to obtain an appropriate feedback score that demonstrates the correctness of the Dealer. The amount of this deposit is fixed at the 7% of the starting value of the shells uploaded. This deposit is an account for future commissions and must be refilled each time as long as Shellauction.net will communicate it is no longer needed.
A regular invoice will be sent after payment for the account sum. This deposit is a tutorship and guarantee of your trustfulness.
|2.3||All Shellauction.net Users must respect National and International Laws, as well as the Regulations that discipline the use of Shellauction.net.|
|2.4||Shellauction.net and Users act fully autonomously and independently. Present Regulations do not imply any collaboration, agency, association, intermediation or employment.|
|3||Your personal data|
|3.1||Your personal data are all the informations you give to Shellauction.net or to other users when you register, offer, sell, send messages through the Message system, post feedbacks.|
|3.2||After registration, you can control and modify your data in the User Page, including:|
b) your email address;
c) registration data like, for instance, name, society, VAT number, address, city, nationality, Postal Code, telephone and fax numbers
d) your password
e) any other information in the Registration Form.
We request you to update soon your information if they change.
Choice of the login. It's forbidden, during the registration, to choose offensive or libelous login, or login that violate the Privacy Regulations or property laws, or induce in confusion or error with the names or logins justifiably used from other persons or companies. Shellauction.net has the indisputable right to cancel, modify, without any obligation to advise, the login.
|3.3||Prohibitions. Your personal data and your activities on Shellauction.net must not:
a) be false, wrong or misleading;
b) violate people's privacy and protection rights, for what the treatment of personal data is concerned;
c) violate Laws or Regulations (including, for example, Laws on export/import of goods, customer protection, unfair competition, racial discrimination and on deceptive advertisements);
d) contain libels, calumnies, threats or harassments;
e) contain viruses or other software that damage, interfere, intercept or steal operating systems, personal data and informations;
f) cause any kind of damage to Shellauction.net and its Users;
g) cause the stop, either temporarily or totally, of the service provided.
|3.4||It is forbidden:
a) To send spam emails to email addresses of Shellauction.net Users, as better specified in the Privacy Regulations.
b) To transfer or sell your login to other persons (Including Feedback);
c) the use of your login by other persons, even if they have been delegated by you.
Moreover, it is forbidden to sell through Shellauction.net the following items:
- fossils from Italy;
- fake shells;
- animal species under CITES regulation (Washington Convention, 8 March 1973);
- animal species under Bern Convention (19 September 1979);
- animal species that are not allowed to be exported by Laws of their country of origin.
|3.5||Shellauction.net has the indisputable right to cancel, modify, suspend any insertion, without any obligation to advise the Seller.|
|4.1||The feedback includes comments of Users (Dealer and Collector) for each transaction. It is forbidden to perform any action that threaten the integrity of our Feedback system. User with negative feedbacks may be locked: each situation will be individually evaluated. Negative feedbacks without the specific indication of the reason of it, will be deleted. Negative feedbacks have to be justified in details.|
|4.2||It is forbidden for all Users to use the Feedback right with the intent to be offensive or indecent. Shellauction.net has the undisputable right to delete or modify offensive or indecent feedbacks.|
|4.3||After you send a message in the Forum or in the Feedback Area, you are not allowed to modify or remove it.|
|5.1||Your offer, according to these Regulations and to the Laws in force, is a mandatory commitment, which means that it is a contract. Bid only if you want to buy and remember that, if you win the object, you have to respect the contract. When you bid on an object, you automatically accept the selling conditions reported in the item description, as they are defined by the Dealer. Bids cannot be retracted, other that in exceptional circumstances that will be indisputably evaluated, case by case, by Shellauction.net, and only after a quick communication to the Customer Service: alelashellauction.net
. For example, they are exceptional circumstances a bid for a wrong amount, or a wrong name of the species.|
|5.2||Fraud. In addition to the applications of Law enforcements, Shellauction.net has the right to suspend or delete your account if it is clear that you have undertaken fraudulent activities by using our website.|
|5.3||Increasing by trick a maximum bid. In addition to the Law penalties, it is a violation of present Regulations to increase by trick the price of an item for sale or interfere with the insertions.|
|6||Insertions and selling.|
|6.1||To post a shell for sale on Shellauction.net, you have to legally owe the shell, as well as accurately describe it, and to upload at least one picture (preferably both sides). All shells must be posted in the appropriate category. Shells without pictures will be deleted.|
|6.2||Dealers can fulfill informing obligations as requested by the D.Lgs. n. 185/1999 (mail-order sales) and n. 70/2003 (Electronic commerce), simply by putting their data and instructions on purchasers' withdrawal right in the selling conditions, in the object description and in the emails to the purchasers.|
|6.3||Shipping and payment modes. Every Dealer can specify shipping and payment instructions in the available field of the user page. Shellauction.net suggests to ask for a payment in advance.|
|7||Shellauction.net fees and payment instructions:|
For Dealers, registration and biddings are free on www.shellauction.net.
A fees is applied to sales, according to the below mentioned modalities. With subscription to the website and the consequent acceptance of present Regulations, Dealers accept that they are committed to pay fees as below stated.
For each sale, you can choose between two fee options:
1) Fees on sold: you will be charged on sold items only. You will not be charged for the insertions, as well as for the unsold items.
You can insert two types of items:
- NORMAL SHELLS (base value from 1 EURO to 200,00 EURO, or XXX USD)
- RARE SHELLS (base value more than 200,00 EURO, or XXX USD)
We apply a 10% fee on the final price for normal shells and 5% fee on the final price for RARE SHELLS.
Please note that in the last months the EURO/Dollar exchange rate has experienced wide variations, and it is still fluctuating a lot. We will update the Exchange rate at the beginning of each sale.
2) Mixed fees: (fees on insertion and sold): this option includes an insertion fee of 1% of the item insertion price (from a minimum of 0,10 euro to a maximum of 2,50 euro) on all items, INCLUDING UNSOLD ONES. You will also be charged by a 5% on the final selling value for any item sold at a price lower or equal to 50,00 euro, + 3% on the exceeding value if the item has been sold higher than 50,00 euro.
If the final price is 40,00 euro, than the fee on sold is 40 * 5% = 2,00 euro
If the final price is 70,00 euro, than the fee on sold is (50 * 5%) + (20 * 3%) = 3,10 euro.
Please note that our fees are VAT Taxable if provided for laws, for details click here
The (n. 1) option is the default. In the case you will not choose the other option, the "Fee on sold" option will be applied.
At the end of every sale, due fees will be displayed in your user page. When you reach 300 euro, or in any case after 6 months, a Pro Forma Invoice will be sent to your email. Payment must be done within 15 days from the Pro Forma. We will deliver regular Invoice after your payment has been cashed.
By accepting this Regulations you authorize Shellauction.net to send the Invoices by email to the email address provided by you.
You can pay your Shellauction.net fees by:
- PayPal: it's a safe and convenient way to pay Shellauction.net fees; if you choose this payment option you will have to pay the PayPal fees, by adding 4% on the sum you have to pay. The amount of PayPal fees will be also reported in your Pro Forma Invoice.
Our paypal email is: paymentshellauction.net
- Bank Transfer: you can pay using bank transfer directly from your Bank or on the web. If you choose this option, please be aware that no cashing commissions will be charged on Shellauction.net, that they must be all paid by you. Here follow the data for the Bank Transfer. In the description field please put you login:
Bank Account data for Bank Transfer
Send to: AL&LA S.R.L.
Bank: BANCA POPOLARE DI SONDRIO
BIC SWIFT: POSOIT22
|7.4||Shellauction.net is not assuming any responsibility for the eventual payment of Dealers' Taxes and other fees derived from the transactions in our website. It is possible that European members (Italy included) would have to pay VAT.|
|8.1||Shellauction.net is not an Auction House. It is important to understand that Shellauction.net doesn't give any intermediary service and it is not an Auctioneer as well, in the traditional way this term has been used. Shellauction.net is just a "place" where Users can sell or buy shells, any time, and from any internet point and with different modes. Shellauction.net doesn't have any control or responsibility for what quality, security, lawfulness of the items for sale are concerned. It cannot also verify the truthfulness and accuracy of the insertions, the provided information or users' capacity to sell, buy and bid. Shellauction.net doesn't have any role in the transaction between dealer and collector.|
|8.2||According to Law prescriptions and with the exception of customers' rights, Shellauction.net offers his service "as it", without any further assurance, either expressed or implicit.|
|8.3||Being Shellauction.net a web hosting provider, it cannot guarantee the truthfulness of personal data as provided by Users when they register. For this reason Shellauction.net is not keeping any responsibility for eventual damages, either direct or indirect, happened because of the use of false data by the Users. We strongly recommend you to collect all the informations about the people you're willing to make a transaction with, and for this you're welcome to use the feedback system, since it is based on the indications of our Users. In accordance to the D.Lgs. n. 70/2003 and the European Community Guideline 31/2000/CE on electronic commerce, Shellauction.net is not obliged to perform any surveillance on the activity on its website. Since Shellauction.net doesn't act as an intermediary or controller of transactions, in the case of controversies Users commit themselves to exclude Shellauction.net, AL&LA S.R.L., or their employees and consultants, from any liability or any kind of damage reimbursement. Accepting this Regulations you authorize Shellauction.net to use your personal informations in respect of the Italian Privacy Rules (D.Lgs 196/2003).|
|8.4||Following documents, also through web links, as well as the pages therein reported, are fundamental parts of these Regulations. |
|8.5||Shellauction.net cannot guarantee the continuous access to the website and its services, that can be influenced by events that are not under our control.|
|8.6||In the case that a clause of these Regulations will result null or ineffective, this will not affect the whole Regulations.|
|8.7||If you violate present contract, and Shellauction.net doesn't legally act against you, it doesn't mean that Shellauction.net will definitively renounce to legally act against you or against third persons.|
|8.8||By accepting these Regulations, you commit yourself not to use any software or any other automatic mechanisms to copy or enter in our web pages, without our written permission. You commit yourself not to use any mechanism, software, procedure that could interfere with the correct functioning of our web site. You also commit yourself that you will not perform any action that could cause an unmotivated congestion of our technological infrastructures and of our system.|
|8.9||Finally, you commit yourself not to copy, reproduce, alter, modify or spread the contents of our website (with the exception of your personal data) without our written permission.|
|9||Suspension or exclusion|
|9.1||Apart from the ordinary actions contemplated by Law for not respecting the obeys of these Regulations, Shellauction.net keeps the right to advise, suspend pro-tempore or definitively, by interrupting its services because of:|
(a) Violations of present Regulations;
(b) If Shellauction.net cannot verify the authenticity of the informations you gave when you registered or during your use of our service;
(c) You act in a way that can cause important economic losses or that can cause legal liabilities to Shellauction.net or to other Users. If you're either temporally or definitely banned, you will not be allowed to register again.
|10||Limitations of liability|
|10.1||According to Law prescriptions and with the exception of customers' rights, Shellauction.net is not liable for economic losses, indirect or direct damage, also of the image, that could be experienced by users or third persons because of the use of our web site and/or our services.|
|10.2||Accepting the present Regulations, you commit yourself to keep Shellauction.net, its employees, administrators, consultants untouched by any claim or reimbursement request by thirds, that could derive from the violation of the rules contained in the present Regulations, of the Law obligations or thirds' rights.|
|11.1||Communications to Shellauction.net. Other than when differently stated, all communications must be done using the following email address:
|11.2||For mail communications:
AL&LA S.R.L. Unipersonale
via Sempione 25
20016 PERO (MI)
|11.3||Communications from Shellauction.net. Shellauction.net. will sent communications to the address you gave during the registration process. Alternatively, Shellauction.net. could send you a registered mail to the address you gave during the registration process.|
|11.4||Whole Regulations. Present Regulations, web pages and Shellauction.net rules here presented, are the whole agreement you make with Shellauction.net.|
|12||Applicable Law and Arbitration Clause.|
|12.1||Applicable law. Present contract is regulated by the Italian Law. All controversies that will arise from present Regulations, thus comprehending the ones concerning its validity, interpretation, execution and resolution, must go through the ordinary attempt of conciliation by the "Camera Arbitrale" of Rome, as reported in the web site http://www.conciliaonline.net/conciliaonline/accesso.asp?cciaa=14&layout=14, or the ordinary procedure of conciliation as by the "Camera Arbitrale" of Rome (www.cameraarbitralediroma.it). If a conciliation cannot be found, the controversy will be handled by a "Arbitro Unico", as stated by the "Arbitrato Semplificato della Camera Arbitrale di Roma" Regulations (http://www.cameraarbitralediroma.it/Dati/File/File17.pdf). The housing of the arbitrate procedure is the "Camera Arbitrale" of Rome. The "Arbitro Unico" will decide according to procedures and laws.
Ordinary Judge's jurisdiction. The Tribunal of Rome is competent for any controversy about the payment of the Shellauction.net fees.
|Information according to the art. 13 of the D.Lgs. 196/2003 (Italian Privacy Code)|
This document is a constitutive part of the Shellauction.net Regulations. It describes personal data that are collected, goals and procedures in which your personal data will be used, and the security procedures we apply to protect them.
Our "Privacy Rules" include all the information that are necessary according to the art. 13 of the D.Lgs. 30 June 2003 n. 196 (Privacy Code), which follows the European Community Guideline 95/46/CE on protection of personal data, as well as the Guideline 2002/58/CE on protection of personal data in electronic communications.
In detail, we wish to inform you that the "holder" of your personal data, according to the Privacy Code, is AL&LA S.R.L. VIA SEMPIONE 25, 20016 PERO (MI), ITALY.
Personal data used by Shellauction.net to deliver its services generally are:
- Telephone number
- Tax number
- VAT number
- Data on email and accesses to the website
- Data about insertions and transactions concluded on Shellauction.net. In particular, if you decide to sell an item through the website, Shellauction.net will use your address and your account data to bill you for the services of Shellauction.net, as well as for related assistance.
Your personal data are collected when you subscribe and during the use of Shellauction.net. If you deny to give your personal data, this will prevent to conclude your registration and to use Shellauction.net services.
Your personal data are collected electronically and, in any case, by automatic means. Is some cases, automatic collecting means could be used, such as "cookies", to give you a personalized service.
Within the limits and purposes as indicated in the Privacy Rules, some of your data can be communicated to third parts, either public or private, such as:
- Tax administrations and Public Administration;
- Judicial Authority and Police;
- Banks, Societies for credit collection, private risk agencies;
- Consultants of Societies and Professional Studies (Legal, Book-keeper, Tax consultants, etc.);
According to the art. 29 of the Privacy Code, the responsible for the treatment of your data is Alessandro Petronzi, to whom you may claim your accession rights, according to the Art. 7 of the Privacy Code, by mailing to alelashellauction.net.
Shellauction.net will use some of your personal data, such as login and email, to regularly send you our newsletter about website news and new services that will be offered by Shellauction.net, as well as the information about the concluded transactions.
Shellauction.net guarantees maximum confidentiality when treating your data, by applying the most adequate technologies, in respect of the Italian and European standards on minimum security measures to prevent unauthorized accesses to databases, eventual data loss and/or destruction.
Access to your data will be permitted to persons in charge of the "treatment" according to the article n. 30 of the Privacy Code, to support users about Shellauction.net services, to answer to any Law Authority request, to verify any behavior not in line to the Users Agreement and to billing needs.
In some Shellauction.net web pages, some automatic data collecting such as, for instance, "cookies", are used. "Cookies" are small files downloaded on your hard disk. Shellauction.net mainly uses "cookies" that will be deleted when you finish your connection to the website. They are used by Shellauction to allow you to:
Your personal data will be temporarily stored in our "cookies" as follows:
- have some personalized services;
- avoid to type your password many times;
- give you targeted information during your browsing according your interests;
- improve website security, also through an active prevention of any illegal activity.
- the URL you are coming from (either if the URL is on Shellauction.net or on other websites);
- the URL you type after (either if the URL is on Shellauction.net or on other websites);
- your browser;
- your IP address.
If your browser does allow you, you can always and freely refuse our "cookies", but in such a case you might be excluded from the use of Shellauction.net services.
2. Data about other users.
To make website communication easier, our system allows you to have some information to contact other users. As a potential seller or buyer, you will eventually know the login, email address and other information about other people involved in a transaction, just to permit its conclusion.
If you accept this Regulation, you commit yourself to use other users' personal data with correctness and respectful of them, and of the Privacy Laws.
Shellauction.net doesn't tolerate "spamming", i.e. to send unauthorized advertising materials and information. Consequently, you are not allowed to include a Shellauction.net user's address in a mailing list (either email or post), even if you and the user have concluded successfully a transaction, without his explicit permit and without giving him necessary information. It is forbidden to send commercial and/or advertising emails to Shellauction.net users, without their previous agreement.
INFORMATION FOR THE TREATMENT OF THE SOLE COMMON DATA AND ITS CONSENSUS.
- the D.lgs. n. 196 of the 30th of June 2003 ("Code for the protection of personal data") contemplate the protection of persons and other subjects for what the treatment of their personal data is concerned.
- according to the abovementioned law, this treatment will be based on the principles of correctness, lawfulness, transparency, and protection of your privacy and rights.
Therefore, according to the article 13 of the D.lgs. n.196/2003, we give you the following information:
- the provided data will be treated for the following uses: buying, bidding and selling in www.shellauction.net, as well as to send related information by email, phone, fax, ordinary mail, or by any other communication mean.
- the treatment will be performed by the subjects indicated to you by computer or letter;
- it is mandatory for you to give your data for the following reasons: your data are necessary for us to provide you our www.shellauction.net website service.
- if you deny to give us your data, this might cause the following consequences: impossibility to buy or sell in www.shellauction.net.
- the circulation area of your personal data will be: EXCLUSIVELY LIMITED TO THE ACTIVITIES RELATED TO THE SHELLAUCTION.NET WEBSITE AND ITS ADMINISTRATIVE ASPECTS.
- the holder of the treatment is:
AL&LA S.R.L. VIA SEMPIONE 25, 20016 PERO (MI)
- responsible for the treatment of your personal data is Avv. ALESSANDRO PETRONZI appointively domiciliated, as prescribed by the D. Lgs. n. 196/03, at the AL&LA S.R.L. VIA SEMPIONE 25, 20016 PERO (MI) headquarter.
- You will be able to exert your rights against the holder of the treatment or the responsible Avv. ALESSANDRO PETRONZI at the AL&LA S.R.L. VIA SEMPIONE 25, 20016 PERO (MI) headquarter, according to the art.7 del D.lgs. 196/2003, that, for your convenience, is below reported entirely:
D.Lgs. 30 June 2003, n. 196Art. 7 (Accession rights to personal data and other rights)
1. the prospective customer has the right to obtain the confirmation or not of the existence of personal data about himself, even if they are not registered yet, and their communication in a readable form.
2. the prospective customer has also the right to obtain the indication:
a) of the origin of personal data;
b) of the scope and the mode of the treatment;
c) of the applied logics if the treatment is done by electronic means;
d) of the identification data of the holder, of the responsible and the representative in charge according to the article 5, comma 2;
e) of the subjects or categories of subjects to whom personal data might be communicated or might come into knowledge as designed representatives in the Sate territory, of persons responsible or in charge.
3. the prospective customer has the right to obtain:
a) update, correction or, if interested, integration of the data;
b) deletion, change into anonymous status or block of the treated data in violation of the Law, including those that are not necessary for the purposes for what they have been collected and treated subsequently;
c) documentation that the actions as reported in the points a) and b) are brought to knowledge, even for what their content is concerned, to whom the data have been communicated or diffused to, with the exception of those cases when the fulfill of this obey is impossible or might need the use of means that are evidently incommensurate to the safeguarded right.
4. the prospective customer has the right to oppose, on the whole or in part:
a) for legitimate reasons, to the treatment of personal data about him, even if they are pertinent to the scope of collection;
b) to the treatment of personal data about him with the aim to send advertising or direct selling material, as well as for market studies or commercial communication".