Terms & Conditions

Whereas:

– Soluzioni Costruttive Srl, hereinafter referred to as the contractor, operates in the sale and distribution of goods and/or services;

– for this purpose, the contractor has established the website www.badudo.com, of which it is the exclusive owner;

– the contractor has stipulated multiple commercial affiliations with third-party companies;

– through these commercial affiliations, third-party companies commit to advertise and sell their goods and/or services also through the promotion of their websites, using the www.badudo.com website and the Contractor's activities;

– it is in the interest of the Contractor to proceed with the promotion and dissemination of the www.badudo.com website and the activities connected to it, also through the assistance of occasional or sporadic business brokers;

whereas also:

– This contract is stipulated between Soluzioni CostruttiveSrl, with headquarters in Quartu Sant'Elena, in via Portogallo n 30, hereinafter referred to as 'Contractor', and the natural or legal person, hereinafter referred to as 'Commissioner' who, by adhering to this contract, intends to carry out the activity of broker for the Contractor, under the conditions and according to the methods and mutual obligations provided for in this Contract.

Having stated and considered all of the above, the parties agree as follows

1. Premise

The premise is an integral part of this agreement;

2. Subject of the contract

With this contract, the Contractor assigns to the Commissioner, who accepts, the task of having third parties acquire, in the name of the Commissioner and on behalf of the Contractor, goods and/or services of the Affiliates on the www.badudo.com site, according to the conditions and limits provided for in this document, thereby carrying out the task of occasional business broker. The activity will be occasional and sporadic, and for this activity the Commissioner will receive a percentage on the price of purchases of goods and/or services under the conditions that follow.

3. Registration obligation and requirements

Upon commencing the collaboration, the Commissioner is obliged to provide the Contractor with all necessary data, including name, residence, domicile and dwelling, date and place of birth, tax code, tax regime, company name, VAT number or headquarters, names and data of administrators and partners, IBAN and anything else necessary for identification. The Commissioner also undertakes to provide an active e-mail address through which the Contractor can make all communications that are understood to be received at the time and date of sending. The Commissioner is also obliged to activate an account on the www.badudo.com website. The Commissioner must be either a company based in Italy or a natural person with Italian residence and of legal age. The Commissioner is not responsible for malfunctions of access to the internet, to the www.badudo.com website and to the Contractor's account. Adhesion to the Commissioner's collaboration request is subject to the unquestionable evaluation of the Contractor, who may refuse it without justified reason. The lack of acceptance of the request will not require any prior notice or subsequent communication. The Commissioner reserves the right to modify the agreements by notifying the Contractor by sending an e-mail to the e-mail address provided by the latter or through another equivalent form of communication.

4. Economic agreements and payments

The Commissioner will be entitled to a percentage on the price of purchases of goods and/or services offered through the www.badudo.com website, provided that all the following conditions are met:

3.A.) the only valid purchases will be those made through the www.badudo.com website and towards the Affiliated vendors;

3.B.) the only valid purchases will be those executed either directly on the www.badudo.com website or through redirection from the www.badudo.com website to the Affiliates' websites and must be directly attributable to the www.badudo.com website and made in a single session;

3.C.) the final buyer must not exercise the right of withdrawal, or must not return the order for any reason;

3.D.) the Affiliate must accept the order or subsequently must not request its return;

3.E.) The Buyer must not modify the order already made;

3.F.) the sale must not be canceled or modified based on the economic conditions of the Affiliates;

3.G.) The Commissioner has provided the Contractor with all the data and details provided for in art. 3 and has activated an account on the www.badudo.com website

3.H.) The minimum value of the economic recognition to be paid to the Commissioner for requests received through the www.badudo.com website is € 40.00. Any smaller amounts will not be due;

3.I.) The minimum value of the economic recognition to be paid to the Commissioner for requests received through the individual websites of the Affiliates is that provided for in the conditions indicated on the website of each Affiliate. Any smaller amounts will not be due

The absence of even one of the listed conditions will cause the Commissioner to lose the right to any economic compensation for the services performed and any other right, including the right to request compensation for damages and unjust enrichment.

The Contractor cannot in any way be held responsible for any cancellations, terminations, modifications or anything else by the Affiliate or the final customer regarding the orders.

The Commissioner will be able to verify the status of purchases and credits through their account. Credits can be modified or canceled or revoked by the Contractor based on modifications or cancellations or revocations of orders without the Contractor being in any way held responsible for this.

The sums due from the Contractor to the Commissioners will be credited within a minimum term of 60 and a maximum of 90 days from the undertaken activity and only in the event that all the conditions provided for in this contract have been respected.

The Commissioner will not be entitled to any expense reimbursement for any reason.

The economic recognition for purchases made will be quantified according to the conditions dictated within the website of each Affiliate, without prejudice to the possibility for the www.badudo.com website to prepare specific quantification within its own website regarding requests received directly through the www.badudo.com website.

5. Obligations of the Commissioner

In addition to the data provided for in art. 2 and the obligation to activate the account, the Commissioner undertakes to keep the site access credentials confidential and not to transfer them even temporarily. The Commissioner undertakes not to allow others to access the site using their profile and their credentials. The transfer of credentials, even temporary, or consent to access the site using the personal profile and one's credentials will constitute just cause for termination and will allow the Contractor not to proceed with the payments due and to request the return of those already made. Furthermore, the Contractor may immediately proceed with the cancellation or suspension of the Commissioner's profile. The Contractor will not be responsible for the use of the account or credentials by third parties, as well as for the credit or debit on the account of the subject or different subjects. The Commissioner undertakes to activate only one account. The Commissioner undertakes not to directly or indirectly exercise any illegal, fraudulent or offensive activity using their account. The Commissioner undertakes not to carry out spamming activities. The Commissioner cannot be directly or indirectly held responsible for any illegal, fraudulent, offensive or otherwise contra legem activity carried out through the Commissioner's account. The Contractor has the right to arrange for the immediate cancellation of the user profile for the violation of any obligations provided for in this document, as well as to arrange for the immediate suspension of the account and to ask the Commissioner for compensation for any damage that may derive from the activities undertaken by the latter or from the defaults directly or indirectly attributable to the Commissioner. At any time, the Commissioner may request the cancellation of their profile and may revoke or modify consent to the use of personal data. The fiscal management of the proceeds of the activity is the exclusive responsibility of the Commissioner. The Contractor reserves the right to cancel the Commissioner's profile in case of inactivity for more than 3 months.

6. Disclaimer of liability

The Contractor is not responsible for actions taken by the Affiliates, including cancellations, order modifications, revocations, terminations, changes in agreements and anything else that may directly or indirectly affect the Commissioner. The Contractor is not responsible for the activity or quality, accuracy and marketability of the services or goods rendered by the Affiliates, nor for the direct or indirect damages that the activity or goods of the Affiliates may produce to third parties or to the Commissioner. The Contractor is not responsible for malfunctions of any nature deriving from the service rendered nor for errors or shortcomings that may derive from the site or from the relationship with the Affiliates. The Contractor is not responsible for service interruptions, the quality of the service or the data line, the information contained in the site or in the linked sites, including those of the Affiliates, the downloaded files or programs, the images, the texts, the promised or essential qualities, the activity directly or indirectly connected to the sale or rendering of services by the Affiliates and the consequences that may directly or indirectly derive from it. The Contractor is not responsible for the direct or indirect consequences that may derive to the Affiliates or to third parties from the actions of the Commissioner or from the use of the Commissioner's profile. The Commissioner undertakes to act in good faith and not to communicate false information to third parties regarding the products or services rendered and the related contractual conditions. The Commissioner has the obligation to indemnify the Contractor from any consequence that may derive from their activities towards Affiliates and third parties, as well as from any consequence that may derive from them to any employees or collaborators or partners of any nature.

7. Contract terms, modifications and termination

The contract begins upon the opening of the account and the Commissioner's adherence to this document.

The contract terminates in one of the following cases:

a) the Commissioner cancels their profile;

b) the Contractor cancels the Commissioner's profile;

c) the Contractor ceases or suspends its activity;

e) the Contractor ceases or suspends the use or enjoyment of the website;

In the event that the Contractor ceases or suspends its activity, for any reason, it cannot be held responsible for the direct or indirect consequences of such termination or suspension.

No communication from the Contractor will be due in such a case, as well as in the case of cancellation or suspension of the profile, with the Commissioner having the obligation to constantly verify that the Contractor has not ceased or suspended its activity or has not ceased the use and enjoyment of the site or that the account has not been suspended or canceled. Starting from the end of the contract, the Concessionaire will have 30 days to request the sums due.

The Concessionaire has the right to modify these conditions at any time. The Concessionaire will publish the new conditions in the appropriate section of the www.badudo.com website dedicated to the contractual conditions and no other communication will be due. It is the responsibility of the Commissioner to periodically check the contractual conditions present on the site.

The obligation of notice to the parties is excluded.

8. Competent court

For all disputes arising from this contract or from agreements or relationships connected to or deriving from the contract, the court of Cagliari has exclusive jurisdiction

9. Applicable Legislation

Italian legislation in force at the time of stipulation applies to this contract.

Specific approval

Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Commissioner, after having taken careful and specific knowledge and vision, approves and expressly accepts the following clauses,

3. registration obligation and requirements

4. economic agreements and payments

5. obligations of the Commissioner

6. disclaimer of liability

7. contract terms and modifications

8. competent court

9. applicable legislation