Terms and Conditions of Merchandisingplaza
Owner of Merchandisingplaza and related Services
Via di Motta della Regina s.n.c. - 71100, Foggia (FG)
Registration to the Company Register REA: FG-2018-23892
Paid up shared capital: 190.000,00 euro
VAT number: 03376920710
Phone number: +39 0881 025160
E-mail address: firstname.lastname@example.org
Customer Service E-mail address: email@example.com
Information about Merchandisingplaza
Merchandisingplaza is the e-commerce portal where you can buy articles of clothing, accessories and gadgets inspired by sport, music, cartoons, movies and many more, at the lowest prices of the web. The largest store of merchandising products in the world. It was created to satisfy sport, music and free time fans, giving them the opportunity to buy online 24 hours a day, 7 days a week. Shipping throughout the world and free shipping on orders over 150 euro *excluding bulky packages. The website is available in 11 languages and 8 currencies.
Every purchase is protected by the guarantee “merchandisingplaza safe and quality”: data protection, secure payment with SSL decryption, products 100% original and money-back guarantee.
1.1 This document
This document is a legal agreement between you, the User, and the entity providing Merchandisingplaza. It governs your use of the online properties and, in any case, for the use of the services provided.
“Terms and Conditions (or Terms, or Agreement)”: means that the terms of this agreement are binding on the relationship between you and Merchandisingplaza once you have accepted the terms.
“User”, “you”, “your”, and similar terms, either in singular or plural form, refer to you, the User, as natural or legal person.
“Consumer”: any natural person who, in commercial practices covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession.
“We”, “our” and similar terms: refer to the corporation that owns and manages Merchandisingplaza.
“Order Confirmation”: indicates the e-mail that Merchandisingplaza send when the products are shipped as dispatch confirmation of some or all of the purchased products.
“Purchase Order Process”: indicates the e-mail that Merchandisingplaza send when the purchase order was received.
“Service”: the service offered by Merchandisingplaza as described in these terms.
“Withdrawal Form”: is the form to fill out and send to UpCommerce in case of withdrawal from the purchase.
“Return Form for Replacement”: is the form to fill out and send to UpCommerce in case of defects discovered in products purchased.
1.3 Regulations for drawing up these Terms
The sale and purchase of products on Merchandisingplaza constitute a distance selling agreement governed by multiple regulations, including:
1.4 Changes to these Terms
UpCommerce reserves the right to modify these Terms at any time, informing Users by e-mail and within the website itself.
Therefore Users are invited to consult the latest version of the Terms and Conditions before making any purchase.
The applicable Terms and Conditions are those applicable on the date of dispatch of the Purchase order.
Users who continue to use Merchandisingplaza after the publication of the changes accept the new Terms in their entirety.
1.5 Acceptance of this Agreement
If you don’t accept the Terms you cannot use the Service.
1.6 Geo-blocking Prohibition (Users in EU)
In compliance with current regulations concerning Geo-blocking, Merchandisingplaza makes no distinction between prices, promotions, payments or shipping, based on the consumer’s country of origin.
The EU User, who buy from our store, purchase under the same conditions laid down for all Users within the European Union.
2.1 Using without registration
To purchase on Merchandisingplaza, a prior registration is not require. However, during the purchasing process, it is required that the data entered must be correct, complete and true to dispatch the order.
For everything that is not expressly authorized by this paragraph, refers entirely to the use of the service by registered users indicated below.
The User is obliged to safeguard your access credentials and maintain their confidentiality.
The registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform Merchandisingplaza without delay, in case of suspected improper use and / or disclosure of the same.
It is understood that Merchandisingplaza cannot, under any circumstances, be held liable in the event of the loss, dissemination, theft or unauthorized use by third parties of the user access credentials, on any grounds.
2.3 Cancellation and closure of user account
Registered users can delete their own accounts, request the cancellation or stop using the Service at any moment, through Merchandisingplaza’s interface or by contacting directly Merchandisingplaza via the contact addresses provided in the present document.
Merchandisingplaza, in the event of violation of these Terms, reserves the right to suspend or terminate the User’s account at any time and without notice.
Merchandisingplaza reserves the right to suspend or terminate the User’s account at any time and without notice if it considers that:
2.4 Content available on Merchandisingplaza
The content available on Merchandisingplaza is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
Merchandisingplaza grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Merchandisingplaza, nor allow any third party to do so through the User or its device, even without User's knowledge
Where explicitly stated on Merchandisingplaza, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Merchandisingplaza, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Merchandisingplaza does not moderate the content or links provided by third parties before their publication on Merchandisingplaza.
Merchandisingplaza is not responsible for the content provided by third parties or for its availability.
2.6 Content provided by the User
Users are responsible for their own content and that of third parties that they share through Merchandisingplaza, that they upload and post on or that they transfer by any other means.
Users confirm that they have all the necessary consents from third parties whose data and/or content they share with Merchandisingplaza and hereby indemnify the Owner for any liability or claim arising against Merchandisingplaza in connection with illegal distribution of third-party content or unlawful use of the Service.
Merchandisingplaza does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
In particular, Merchandisingplaza may decide to suspend or interrupt the visualization of content in the event that:
2.7 Rights over content provided by Users
The only rights granted to Merchandisingplaza in relation to content provided by Users are those necessary to operate and maintain Merchandisingplaza.
Users may use third-party services or content included in Merchandisingplaza, but they must be aware of these third parties' terms and conditions and have given consent to them.
No circumstances will Merchandisingplaza be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
2.9 Forbidden use
The Service shall be used only in accordance with these Terms.
Users may not:
3.1 Purchasing process B2C
Each order sent constitutes an offer to purchase products. Orders are subject to availability and to Merchandisingplaza’s discretionary acceptance, at the conditions stated in the present document. Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The electronic submission of the offer to purchase creates for the User the obligation of payment of the price, taxes and shipping and further payment fees indicated in the Order Summary.
The order processing receipt does not constitute acceptance of the order. The sale contract is entered into when the Order Confirmation email is sent by Merchandisingplaza to the email address provided by the User.
Merchandisingplaza reserves the right to invalidate an order, by promptly informing the User, within 10 (ten) working days of the order entry, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, Merchandisingplaza will refund all the payments made by the User.
Users that wish to purchase as a company, in possession of VAT, should contact Merchandisingplaza for the order, in order to issue the invoice excluding VAT.
It’s possible to use the e-mail address: firstname.lastname@example.org.
3.2 Method of payment
Merchandisingplaza uses third-party tools for its payment processing and is not connected, in any way, with any of the provided payment information – such as the credit card – provided by the User.
You can use the following methods as tools for a secured payment process:
Any costs related to the denied payments shall be paid by the User.
All the prices are inclusive of VAT and expressed in currency of the country from which you purchase. The resulting total price at the end of the purchase procedure is inclusive of transport charges, but does not include custom duties and/or possible additional charges on the sale price, necessary in order to import goods in non-EU countries. Any supplementary charges relative to clearance procedures shall be paid exclusively by the User.
To get acquainted in detail with all of the possible payment options, you can visit the section Payment methods present on the website.
3.3 Customer service
Customer service is available via the contact form at the following link.
The Service is available from Monday to Friday from 9:00 to 17:00 GMT and will answer the customers’ requests through the e-mail address: email@example.com.
For the correct management of the requests, the Customer Service will use a ticketing system.
The Customer service reserves a maximum time of 72 hours to process and to correctly manage the requests.
Any request received on public holidays will receive a response on the first business day.
3.4 Retention of title
The products remain the property of Merchandisingplaza until the price of the ordered products is fully paid up.
3.5 Product Availability
Prices, descriptions or availability of the products on display are subject to change without notice, on the understanding that the price charged to the User is the one published on the product information sheet at the time the order is placed.
The photos posted are indicative and may not be exact representation of the product.
Merchandisingplaza will do its best to present the characteristics of the products with the highest degree of detail possible within each sheet corresponding to the product viewed by the User. However, images, colors and of any other characteristic of the products offered for sale on Merchandisingplaza may differ from the real ones due to multiple factors including, by way of example only, the User’s terminal monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of the products.
In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the user by the law, Merchandisingplaza will refund the total due Amount without undue delay and, in any case, within 15 (fifteen) working days from the date of receipt. This amount will be credited to the same payment method used by the user for the purchase or other method of payment agreed between the User and Merchandisingplaza. Possible delays in crediting may depend on the bank, the type of credit card or the payment solution used.
3.6 Execution of the Order
The Order is executed in the terms specified in the summary page and in the Order Confirmation e-mail the email order confirmation, subject to the availability of the product ordered.
Merchandisingplaza reserves a period of 1-5 working days for the appropriate preparation of the Order.
Merchandisingplaza shall not be responsible for any damage caused to the User in the event of delays in delivery that are not dependent on foreseeable circumstances by the parties when sending the Order Confirmation.
Shipping costs vary depending on the size, weight, number and destination of the items chosen.
All delivery information, details on taxes and duties, as well as the shipping destination can be viewed at the following link.
Deliveries will be carried out by:
The delay varies depending on the destination. Please note that delivery times are indicative only and are calculated from the shipping date.
Merchandisingplaza does not assume responsibility for delays in customs clearance, but undertakes to minimize any inconveniences.
Please note that Merchandisingplaza reserves a variable time to prepare the order before delivery to the carrier and the shipment starts, which shall be indicated in the purchasing process.
4.1 Traceability of the order
After placing an order, you will receive an email containing all the details of your purchase. If you would like more information, do not hesitate to get in touch with us. As soon as the package is delivered to the courier, it begins its telematic traceability and is estimated on the day of arrival.
You can follow the progress of the delivery, by accessing the courier tracking page, through the link that we will send you.
4.2 Customs clearance & duties
Customs duties are calculated according to the laws of the Country through which the goods transit. Normally, customs duties are always charged to the recipient before delivery. In the clearance process of the shipment Merchandisingplaza and the carrier do not intervene directly. This type of management is always carried out by the customs of the country where the goods transit.
Customs fees and every additional cost are charged to the User.
If you carry out a shipment within the EU, no customs fee will be applied on your dispatch.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
It is the responsibility of the User to verify the condition of the product that has been delivered. On the understanding that the risk of loss or damage to the Products, for reasons not attributable to Merchandisingplaza, is transferred to the user when the user, or a third party appointed by him, other than the carrier, enters physically in possession of the Product. it is recommended to the user to check the number of Products received and that the packaging is intact, not damaged or wet or otherwise altered, including the sealing materials and we invite the user, in his interest, to set out on the carrier transport document any anomalies, by accepting the package with reservations. The reception without reserve of products, in fact, does not allow the user to take legal action against the carrier in case of loss or damage to the Products, except in the case where the loss or damage results from willful misconduct or gross negligence of the carrier himself and with the exception of the partial loss or damage not identified at the time of delivery, provided that in the latter case, the damage is reported upon seeing it and no later than 10 (ten) days after receipt. If the package shows visible signs of tampering or alteration, it is also recommended to the user to immediately notify the Customer Service of Merchandisingplaza.
This is without prejudice and, in any case, in compliance with the application of the rules on the right of withdrawal, and legal warranty.
In case of failure to collect within the time period set by the carrier, the products will be returned to Merchandisingplaza, who will refund the price of the products including the cost of shipping.
Merchandisingplaza cannot be held responsible for delivery errors due to inaccuracy or incompleteness in filling the purchase order form by the User or any damage occurred to the products after delivery to the carrier, in case this one was chosen and instructed by the user, or for delays in delivery attributed to the carrier.
6.1 Right of withdrawal
In case of purchasing products or services on Merchandisingplaza, the User has the right to withdraw from the contract, without giving any reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or third party - other than the carrier and appointed by the User - acquires physical possession of the goods.
The User is required to inform Merchandisingplaza of the decision to withdraw through an explicit statement sent to the listed contacts before the withdrawal period has expired.
To exercise the right of withdrawal, the user must send a request using the following form an explicit statement of your decision to withdraw from the Agreement (Declaration of Withdrawal).
Since the burden of proof of exercising the right of withdrawal before expiry of the withdrawal period is borne by the user, it’s in his interest to keep a copy of the e-mail sent to Merchandisingplaza with the declaration of withdrawal.
To this end, to perform the right of withdrawal, the user can use this model present on the website or the following one:
Withdrawal form Type
Adressed to: UpCommerce S.p.A., Via di Motta della Regina snc - 71100, Foggia (FG)
Herewith I/we notify the withdrawal from my/ our contract of sale of the following goods/services:
________________________________________________________________________________________________ (enter here a description of goods/services you wish to withdraw)
(Signature of the consumer (s) only if this form is served on paper)
The User is also free to express their choice to terminate the contract in any other equivalent form.
6.2 Effects of withdrawal
If the User withdraws from this contract, he will be reimbursed for all the payments you made in favor of Merchandisingplaza, including delivery costs (except for additional costs arising from the possible choice of a type of delivery other than the least expensive type of delivery offered standard) without undue delay and in any case no later than 14 days from the day Merchandisingplaza is informed of the User’s decision to withdraw from this contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise
The refund may be suspended until receipt of the goods or until the User demonstrates that he has sent the goods back, if earlier.
The User shall send back the goods or hand them over to Merchandisingplaza without undue delay and in any case within 14 days from the day on which he communicates his withdrawal from this contract. The deadline is met if the User returns the goods before the expiry of the 14 day period.
The costs of returning the goods will be covered by the User.
6.3 Restrictions on the Right of withdrawal
Products returned damaged or used in a different way and beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. The reimbursement is excluded when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery document received.
The right of withdrawal is excluded in all cases in relation to:
6.4 Applicability of the right of withdrawal
The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, will only apply to the User that qualifies as a consumer, meaning the User acting for purposes unrelated to his entrepreneurial and professional activities.
All the products sold on Merchandisingplaza are covered by a Legal Warranty of Conformity.
The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 24 (twenty four) months of the purchase
The User who buys as a company has the right to a guarantee of conformity for purchased products and services, within 12 (twelve) months of the purchase
To exercise the right of guarantee, the User is obliged to contact Merchandisingplaza, using the contact information contained in this document, and provide an accurate description of the defect, within two months from the discovery of the defect.
Once the defect of the product’s compliance is established, the User has the right to a repair or replacement of the product, according to his choice.
The User also has a right to request from Merchandisingplaza a fair price reduction or the termination of the contract, in the following cases:
The User is obliged to return the defective products.
The user agrees to indemnify and keep Merchandisingplaza and any companies controlled by him or affiliates, representatives, directors, agents, licensors, partners, and employees, from any obligation or liability, including any legal costs incurred to defend himself in court, which may arise in respect of damage caused to other Users or third parties, with regard to content uploaded online, the violation of the law or the terms of these Conditions of service.
8.2 Limitation of liability
Merchandisingplaza and all the functions accessible through the website are made available to the Users, to the terms and conditions of the Agreement, without any warranty, explicit or implicit, that is not required by law.
In particular, there is no guarantee of suitability of the services offered for specific goals pursued by the User.
The use of Merchandisingplaza and the functionalities accessible through the website is carried out by the Users at their own risk and under their own responsibility.
In particular, Merchandisingplaza will be liable, within the limits of applicable law, for contractual and non-contractual damages against Users and third parties only of intentional fault and serious misconduct when these are the immediate and direct consequence of Merchandisingplaza’s activities. Therefore, Merchandisingplaza shall not be liable for:
9.1 Service interruption
To guarantee the Users the best possible use of the Service, Merchandisingplaza reserves the right to interrupt the Service for maintenance or system updates, informing the Users through constant updates in this regard.
9.2 Service Reselling
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Merchandisingplaza and its Service without Merchandisingplaza’s express prior written permission, granted either directly or through a proper reselling program.
9.4 Intellectual property rights
All trademarks, figurative or nominal, and all other marks, trade names, service marks, word marks, illustrations, images, videos or logos that appear concerning Merchandisingplaza are, and remain, the exclusive property of Merchandisingplaza or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, videos or logos regarding third parties and content posted by such third parties on Merchandisingplaza are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. Merchandisingplaza does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.
9.5 Age requirements
Users declare to be of adult age according to the legislation which applies to them.
Under no circumstances, children under the age of 13 can use Merchandisingplaza.
9.6 Delivery conditions
The User making the purchase through Merchandisingplaza declares and guarantees that the person receiving delivery of the purchased products is of adult age according to the legislation which applies to him.
9.7 Contract transfer
Merchandisingplaza reserves the right to transfer, assign, dispose of by novation or subcontract all or any of the rights or obligations arising under these Terms, as long as the User’s rights provided are not affected, without prejudice to, the possibility for the User to freely withdraw from the contract. In case of contract transfer a prompt notice will be given to the user.
The User may not assign or transfer in any way the rights or obligations arising under these Terms without the written permission of Merchandisingplaza.
All communications relating to Merchandisingplaza must be sent using the contacts indicated in these Terms.
9.9 Ineffectiveness and partial invalidity
If one or several provisions of these Terms are or become invalid or unfeasible in whole or in part, this shall not affect the validity and feasibility of the other provisions. In such case, the parties will replace the invalid or unfeasible provision by a provision that is valid and feasible. The same applies correspondingly in the event that there are potential legal shortcomings in these Terms.
10.1 Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the Italian State and to the exclusive jurisdiction of Foggia’s court.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
10.2 Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with Merchandisingplaza.
The platform is available at the following link.
Merchandisingplaza is available for any questions submitted via the email address firstname.lastname@example.org.
10.3 Your rights as Data Subject (for EU Citizens only)
Under the General Data Protection Regulation (GDPR), you, as a data subject, have the following rights regarding your personal data:
Please note that your rights according to 2), 3) and 4) above will only exist under certain conditions pursuant to the GDPR and may, therefore, not apply vis-à-vis us. Furthermore, you always have the right to lodge a complaint with a data protection authority.