This document contains the general terms and conditions that enable Third-party Suppliers to offer their
products versus the Professional Users by means of the marketplace owned by World Metal Exchange s.r.l.
The following terms shall have the meaning indicated as below:
a) Owner: refers to World Metal Exchange s.r.l. with legal seat in Milan, Largo Augusto no. 7,
postcode 20122, VAT code 13127100967, providing for the management of the marketplace World
Metal Exchange that brings Third-party Supplier and Professional User together;
b) Third-party Supplier: an individual or a legal entity acting in the execution of its business and
selling its products through the web site or mobile application owned by the Owner. The details of
each Third-party Supplier are stated in the website on their respective product pages;
c) Professional User: Is a natural person or legal person who intends to conclude contracts exclusively
for the pursuit of his business;
d) Application: the Website or mobile app called World Metal Exchange (i.e. “The Marketplace”) is
hosting platform managed by the Owner aimed to bring interested Contractual Parties;
e) Users: Indistinctly the Third-party Supplier as well as the Professional Users using the Application;
f) Parties: Third-party Supplier, Professional User and Owner;
g) Products: are items of the Third-party Supplier adherent to the Application that are advertised and
purchased by Professional Users.
h) Conditions: the present terms and conditions ruling the sale of Products offered by Third-party
Suppliers, through the marketplace;
i) Detailed information on the Third-party Supplier’s offer: Third-party Suppliers must provide on
their pages all the elements to enter into a sales contract to the Users. The items sold by the
Third-party Supplier can be reassumed as ferrous and non-ferrous metals;
1.1 The Owner is not a party to the relationship that will be established exclusively between Professional
Users and Third-party Suppliers and does not assume any liability arising from the relationship
established between the Third-party Supplier. The Owner should be considered as a mere manager of
the marketplace;
1.2 The use of the Application is reserved exclusively for Professional Users and Third-party Suppliers
in order to facilitate the transaction business to business (B2B). Business to Consumer (B2C) and
consumer to consumer (C2C) transactions are not permitted on the marketplace;
1.3 The contracts will be concluded only after registration on the marketplace;
1.4 The use of the Application implies full acceptance of the Conditions by the Third-party Supplier. If
the Third-party Supplier does not accept the Conditions referred to therein, it may not use the
Application or its services;
1.5 The Conditions may be modified at any time by the Owner.
1.6 The applicable Conditions are those in force when the order to purchase is transmitted.
1.7 Before using the Application, the User is required to read the terms and conditions carefully and to
record them.
1.8 The Owner reserves the right to change, at his own discretion and at any time, even after the
Professional User has registered, the graphical interface of the Application, the contents and their
organization, as well as any other feature that characterizes the functionality and management of the
Application, communicating to the User the relative instructions, when necessary.
2.1 All Products offered through the Application are described in detail on the relevant product pages
(quality, features, availability, price, delivery method, times and expenses, accessory charges, etc.).
Some errors, inaccuracies or small differences between what is posted on the website or application
and the real product may show up. Furthermore, the images of the Products shall be considered as a
mere representation and do not constitute a contractual element.
2.2 Purchases of one or more Products through the Application are permitted only to the Professional
Users.
2.3 The Products set out in the Application constitute an invitation to offer, the order sent by the
Professional User will be valid as a contractual proposal subject to confirmation and/or acceptance
by the Third-Party Supplier as described below. Therefore, the Third-Party Supplier will have, at its
sole discretion, the right to accept or not accept the Professional User's order without the
Professional User being able to object or complain about anything in any capacity and/or reason.
2.4 The purchase contract of a Products shall be deemed concluded with the acceptance by the
Third-Party Supplier of the Professional User's contractual proposal. The Third-Party Supplier shall
send to the Professional User's e-mail address and c.c. to the Owner a confirmation of acceptance of
the order, which will include the date of the order, the User's data, the characteristics and availability
of the Product, the price or the way of calculating the price, any additional charges, the delivery
address, the delivery time, delivery costs, the way to exercise the right of withdrawal and its possible
exclusion and the guarantee.
2.5 The purchase contract of a Product shall not be effective between parties in absence of what is
indicated in the preceding paragraph.
2.6 In the event that the Product is no longer available or the order will be canceled, the Third-party
Supplier shall inform the Professional User the new terms of delivery and ask whether or not the
Professional User intends to confirm the order. It is understood that the contract shall be deemed to
be concluded only for the Products accepted by the Third-party Supplier.
2.7 The Professional User agrees to verify the correctness of the data reported in the order confirmation
and immediately notify the Third-party Supplier of any errors. The User shall keep a copy of the
order, of the confirmation and of the Conditions.
3.1 For each product the price and Vat, if due, must be indicated on the page of Third-party Supplier.
3.2 Furthermore, Third-party Supplier will be required to indicate any possible taxes, additional costs
and delivery costs, that may vary depending on the destination, the delivery method and / or the
payment method.
3.3 If these expense items cannot be reasonably calculated in advance, it should be indicated which
expenses will be charged to the Professional User. The Third-party Supplier reserves the right to
change the price of the Products as well as any additional costs at any time. It is understood that any
changes in price will in no affect any contract already entered into prior to the change.
3.4 The Professional User agrees to pay the price of the Product directly on the application at the time
and in the manner of the application and to communicate the requested information.
3.5 The Owner will use for the payment management a hosting platform called Mangopay in order to
manage all the payment processed on the World Metal Exchange website or app. By accepting these terms, the professional user also agrees to adhere to Mangopay's terms and conditions, which can be accessed here.
The Professional User who intends to receive the invoice for the payment shall provide the
Third-party Supplier with the billing information. The Professional User declares that the
information provided is true.
5.1 The Products will be delivered by the Third-party Supplier to the address indicated by the
Professional User, in the manners and on the terms chosen or indicated on the web site or mobile
application as well as stated in the order confirmation.
5.2 Unless otherwise specified, the delivery terms are stated in the order confirmation. The delivery
terms begin to run from the time the courier takes charge.
5.3 In the event that it is not possible to provide the requested Products, the User will receive a prompt
notice via e-mail, indicating the expected delivery time and the reasons that render the delivery
impossible.
5.4 If the Professional User does not accept the new terms or the delivery has become impossible, he can
request a restitution of the amount paid, which will be refunded in the same method of payment used
for the purchase, with a maximum of 2 days from the date on which the Third-party Supplier became
aware of the refund request.
5.5 Upon receipt of the Product, the Professional User is required to verify its conformity as well as the
integrity of the packaging within 2 days. In case of evident damage to the packaging or to the
product, it can refuse the delivery of the product and may return it without any charge. Once the
delivery document has been signed, the Professional User cannot make any objection to the external
characteristics of the delivered Products.
5.6 The Third-party Supplier is not liable for damages, losses and costs incurred as a result of the failure
to execute the contract due to force majeure.
6.1 The Professional User has the right to withdraw from the Contract without penalty and without
specifying the reason within the period of 2 days from the date of delivery of the Product, by sending
a written communication to the e-mail address of the Third-Party Supplier. The Professional User
shall inform the Owner, via email, about the problems for which he/she has requested the right of
withdrawal.
6.2 In the case of separate delivery of more than one Product, ordered by a Professional User with a
single order, the term of 2 days for exercising the right to withdrawal starts from the day of delivery
of the last Product.
6.3 In case of withdrawal, the Professional User must return the product to the Third-party Supplier,
without undue delay and in any case no later than 2 days from the date on which he notified his
decision to withdraw from the contract. The Professional User shall only bear the direct cost of
returning the product, unless the Third-party Supplier has declared to bear it.
6.4 In case of withdrawal exercised correctly, the Third-party Supplier shall refund the payments
received by the Professional User. The refund shall be paid promptly with payment method used for
the purchase, within a maximum of 2 days from the date on which the Third-party Supplier became
aware of the refund request.
6.5 The Third-party Supplier shall not refund the delivery costs if the Professional User has expressly
chosen a type of delivery different from the least expensive type of delivery offered by the
Third-party Supplier.
6.6 The Third-party Supplier may withhold the refund until the Product is returned or until the
Professional User has demonstrated that he has returned it, unless he has offered to pick up the
Product himself.
6.7 The Third-party Supplier may refuse to accept the return of the products if the product is found
malfunctioning due to improper use, negligence, physical, aesthetic or superficial damage or
alteration, tampering or improper maintenance by the Professional User. In addition, the Third-party
Supplier may refuse the return if integral elements of product such as accessories and parts are
missing.
The Professional User's right to withdraw from the contract is excluded in case:
a) of supply of Products made to the Consumer's specifications or clearly customized;
b) of supply of sealed Products, which have been unsealed by the User and are not suitable for
return due to health protection or hygiene reasons;
c) of supply of Products which, by their nature, have been inseparably mixed with other items after
delivery.
The guarantees provided by the Italian Civil Code in Articles 1490 et seq. are applicable to
Professional Users.
9.1 The Third-party Supplier shall not be held liable to the User for disservices or malfunctions
connected to the use of the internet outside of its own control or of supplier’s controls, except in the
case of wilful misconduct or gross negligence.
9.2 The Third-party Supplier will not be liable for damages, losses and costs incurred by the Professional
User as a result of non-execution of the contract for reasons outside its control. The User is only
being entitled to a full refund of the price and of any additional charges.
9.3 The Third-Party Supplier assumes no liability for any fraudulent or illegal use that may be made by
third parties of credit cards and other means of payment, if he demonstrates he has taken all possible
precautions according to the practice and knowledge available and to ordinary diligence.
9.4 The Third-party Supplier shall not be held liable for:
a) any loss of business opportunities and any other loss, even indirect, possibly suffered by the user that
is not a direct result of the breach of contract by the Third-party Supplier;
b) incorrect or unsuitable use of the Application by Users or third parties;
c) the issuance of incorrect documents or fiscal data due to errors in the data provided by the user. The
Professional User is solely person responsible for the correct insertion of the data;
9.5 In no case the Third-party Supplier shall be held liable for an error in the payment by the User.
10.1The Third-party Supplier shall not be liable versus the Professional User for disservices or
malfunctions connected to the use of the internet outside of its own control, except in the case of
willful misconduct or gross negligence.
10.2The Third-party Supplier shall not be held liable for failure or delay in the performance of its
obligations due to circumstances outside its reasonable control due to events of force majeure or, in
any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
10.3The fulfillment of the obligations by the Third-party Supplier shall be considered suspended for the
period in which events of force majeure events occur.
10.4The Third-party Supplier will perform any act in his power in order to identify solutions that allow
the correct fulfillment of his obligations despite the persistence of events due to force majeure.
11.1The website and mobile app may contain links to third-party web sites. The Owner has no control
over them and, therefore, is in no way responsible for the contents of these sites.
11.2Some of these links may link to third-party sites that provide services through the app. In such cases,
the general conditions for use of the site 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.
12.1The User’s personal data will be processed in compliance with current legislation and obligations.
The protection and processing of personal data will be in accordance with the linked Privacy Policy
which can be consulted on the page (Link).
13.1The Conditions are subject to Italian law.
13.2In case of disputes arising from this Agreement or related to it, the competent court shall be the court
of Milan.
Last update 1/12/2023
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