Terms and Conditions

 

You are Entering Into An Agreement: The "B2B platform" refers to all of the web sites at mall.italianmoda.com, shops.italianmoda.com, www.italianmodamall.com and any of their subdomains, or a successor B2B platform as indicated by company. "Company", "we", or "us" refers to ItalianModa.com Srl, an Italian company based owner and operator of this B2B platform, or any successor to ownership of the B2B platform."You", "you" or "yours" refers to any user of the B2B platform

By: visiting and using this B2B platform; subscribing to, accepting, or creating a membership, account or profile on the B2B platform; purchasing wholesale any products on or through this B2B platform; utilizing any of the services, or other items or property from the Company or third parties through this B2B platform, or otherwise indicating that you are agreeing to these "Terms and Conditions", you have agreed to and are deemed to have agreed to these Terms and Conditions (the "Agreement").

We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. In case of any material change to these Terms and Conditions , the Company will replace the "Terms and Conditions" link on the home page of our sites with a link entitled "New Terms and Conditions" for no less than 30 days. By using this B2B platform after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. For services utilized from Company or third parties through this B2B platform, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply (including but not limited to any specific terms related to amending these Terms and Conditions). Company’s Privacy Policy is incorporated into this Agreement and shall be considered part of these Terms and Conditions. Any attempt by you to supplement or modify this Agreement will be considered an attempted material alteration of this Agreement and such attempted material alteration is therefore null and void.

We Not A Party To Your Transactions; Third Party Content, Links and Services; Partial List of Risks; No Advice: Company is NOT a Party to Transactions.
This B2B platform is an information exchange B2B platform. Users subscribe to/register with it for the right to search, review, find, see or buy products posted by independent sellers. The Company does not provide any photo, material or information related to the products on sale, does not review them for accuracy, and makes no representations or warranties regarding them.

While users of the B2B platform may use it to facilitate transactions, including but not limited to, the purchase of apparel, footwear, leather goods, fashion accessories, jewellery and related items, this B2B platform and the Company are NOT parties to such transactions.


Third Parties.
The B2B platform may contain links to B2B platforms maintained by third parties ("Third Party B2B platforms"), including the official B2B platforms of the sellers. Such links to Third Party B2B platforms are provided for your convenience and reference only. Company does not operate or control and is not responsible for, any content, software, products or services available on Third Party B2B platforms.
Company’s inclusion of links to Third Party B2B platforms does not imply endorsement, warranty, guarantee or recommendation of them, or of the content, property, products or services of the sponsoring organization thereof.
Company is a data aggregator of content supplied by the sellers exhibiting at the B2B platform and assumes no obligation to exercise editorial control over the opinions, advice, statements, services, offers or other content provided by third parties (the sellers). Nevertheless,
Descriptions of property, products or services for sale by third parties, and other information appearing on the B2B platform or on Third Party B2B platforms have not been verified by Company, and are not intended to be and are not binding on Company. All prices and terms provided byt the sellers can change without notice.

You acknowledge and agree that your purchase in connection with the B2B platform shall be subject to the terms of a separate agreement between you and the applicable seller and that Company has no liability to you in relation to your dealings with, or the acts or omissions of, that party (the seller). Partial List of Risks. Since we are NOT a party to your transactions with others on the B2B platform, we have no fiduciary, agency or other due diligence or disclosure obligation to or for you. However, you should consider that property and products and/or services listed on the B2B platform; may not have been subject to due diligence; may not have insurance; may be subject to liens, UCC-1 filings, secured interests, or the like; may not match the indicated specifications; may have latent defects; may have been produced, handled, or shipped in contravention to applicable law; may not sell or be otherwise exploitable by you; might be sold by a third party that have financial distress or other legal problems; and/or may be subject to third party rights. No Advice.

The information available to you on or through this B2B platform is not a substitute for the services of trained professionals in any pertinent field. In particular, you should regularly consult a qualified attorney and/or other expert in all matters relating to import, export, licensing and manufacturing of the property, products or services you order, including but not limited to laws and requirements related to taxes, pricing (including but not limited to price fixing and other anti-trust matters) and intellectual property. We make NO representations or warranties to any person concerning any information, product, service or property provided on or through this B2B platform).


Disclaimers of Liability; No Representations or Warranties:
Company does not make any representation, warranty or guarantee regarding the accuracy of content posted or transmitted via the B2B platform, the property, products and services provided by Company, the products, property and services listed by the sellers on or through the B2B platform, or data loss (including but limited to whether such may occur or not). Company advises you independently to verify all such information and offerings.
Company does not sell, or represent any seller of, property, products and/or services on the B2B platform, and disclaims any and all liability for the sale or attempted sale of property, products and services on and through the B2B platform.
Company makes no guarantee, whether express or implied, that you will find property, products or services that meet your specifications. In addition, Company may make changes and improvements to the B2B platform at any time.
Company makes no representation or warranty as to the quality or qualification of any property, products or services of sellers or any third party appearing on or through the B2B platform, and is not responsible or liable for any acts or omissions committed such third parties.You further acknowledge and agree that: Company won’t pre-screen content provided by any seller and, as such, Company does not guarantee the accuracy, integrity, or quality of such content; you will evaluate, and bear all risks associated with, the use by you or third parties of any content on the B2B platform, including any reliance on the accuracy, completeness, or usefulness of such user provided content; you may be exposed to content that is indecent, offensive, or otherwise objectionable and that Company shall not be liable for such; and Company will not be liable in any way for any seller provided content, including, but not limited to, any errors or omissions in any content you provided, or for any loss or damages or any kind incurred as a result of the use of any seller provided content by you or any third part.


THE B2B PLATFORM, ITS CONTENT, THE PROPERTY, PRODUCTS AND SERVICES OF THE COMPANY AND OTHERS, INCLUDING BUT NOT LIMITED TO THAT LISTED ON THE B2B PLATFORM, ARE PROVIDED "AS IS" AND "AS AVAILABLE". COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE B2B PLATFORM, ITS CONTENT, THE PROPERTY, PRODUCTS AND/OR SERVICES OF COMPANY, AND THE PROPERTY, PRODUCTS, SERVICES AND PROPERTY OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

COMPANY MAKES NO GUARANTEE THAT THE CONTENT OF THE B2B PLATFORM IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME ITS ACCURACY FOR ANY DECISION OR TO TAKE ANY ACTION. COMPANY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT LOSS OF YOUR DATA WILL NOT OCCUR.

COMPANY HEREBY DISCLAIMS ANY WARRANTY THAT THE B2B PLATFORM, ITS CONTENT, THE PROPERTY, PRODUCTS AND SERVICES OF COMPANY, OR THE PRODUCTS, SERVICES AND PROPERTY OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE B2B PLATFORM IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY YOUR USE OF THE B2B PLATOFORM, ITS CONTENT, OR THE PROPERTY, PRODUCTS OR SERVICES OF COMPANY, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK.

NEITHER COMPANY NOR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, ATTORNEYS OR OTHER REPREENTATIVES OR ASSOCIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE B2B PLATFORM, ITS CONTENT OR THE USE OF THE PROPERTY, PRODUCTS OR SERVICES OF COMPANY, OR WITH DELAY OR INABILITY TO USE THE B2B PLATFORM (INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA), WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.