Terms and conditions

1. Acceptance of Terms and Conditions

By using the website www.rivoluziona.com, you confirm that you have read and accepted all the clauses, terms, and conditions displayed herein.

If you are acting on behalf of a third party, you confirm that you have the legal authority and capacity to accept all terms and conditions on their behalf.

If you do not agree with any of the clauses outlined herein, we kindly request that you refrain from using our services and exit the website as soon as possible.

2. Identification Data

The legal owner of the website www.rivoluziona.com is LN Impex SRLS (hereinafter referred to as “Rivoluziona”), with VAT ID IT03028480352 and registered address in Casalgrande – Reggio Emilia, Italy. Rivoluziona can be contacted via email at admin@rivoluziona.com.

3. Conditions

Rivoluziona exclusively acts as a digital intermediation platform and client acquisition service (hereinafter referred to as the “Buyer”) for companies wishing to sell second-hand industrial ceramic machinery (hereinafter referred to as the “Seller”).

Rivoluziona is neither the owner nor the seller of the products but rather facilitates the connection between Buyers and Sellers interested in acquiring industrial ceramic machinery.

All purchases, payments, and service agreements are established and executed directly between the Buyer and the selected Seller.

4. Clauses for the Seller

4.1 – Purpose of the Contract

The Seller enters into this adhesion contract with Rivoluziona for the purpose of marketing its products through Rivoluziona’s digital infrastructure, granting Rivoluziona exclusivity in the commercialization of said products during the agreed contractual period.

Both parties acknowledge that this agreement represents a binding commitment regarding the promotion, display, and sale of the Seller’s products within the digital environment provided by Rivoluziona.

4.2 - Listing of Advertisements

Rivoluziona is responsible for creating and publishing advertisements on its platform, using accurate images and descriptions based on the inspection of the machinery conducted by its personnel or the information provided by the Seller.

The publication of advertisements is subject to prior inspection of the machinery by Rivoluziona’s personnel, unless the Seller opts not to purchase the TrueCheck inspection service.

The TrueCheck inspection service costs €400 plus VAT per inspected machine. Depending on the location of the machinery, an additional travel surcharge may apply. This amount will be communicated and agreed upon with the client before the inspection is conducted.

If the Seller does not contract this service, they will be responsible for providing all necessary information and images for the advertisement publication.

The cost of a basic advertisement is €100 plus VAT per listed item.

If the Seller fails to provide complete and adequate documentation about the machinery to be listed, Rivoluziona reserves the right to refuse the publication of the advertisement until the required information is received.

Advertisements will remain active for a minimum of 30 days. If no transaction occurs within this period, the Seller may choose to relist the machinery if desired.

The sales price of the advertised machinery will be fixed and cannot be modified once the advertisement has been published.

If the Seller decides not to accept any offer after the counteroffer period, the advertisement will be removed from the platform without the right to a refund from Rivoluziona.

The Seller may receive a direct purchase if a Buyer selects the “Buy Now” option or an offer, which will be evaluated after the offer submission period ends. Rivoluziona will notify the Seller of any direct purchases or received offers, facilitating contact between the Seller and the Buyer.

If the Seller does not accept any of the received offers during the offer submission period, the advertisement will be removed from the platform without generating any right to a refund from Rivoluziona.

4.3 – Exclusivity

For a period of thirty (30) calendar days from the date of advertisement publication, the Seller agrees not to market, distribute, transfer, or offer the products covered by this contract through any other channel, whether physical or digital, other than Rivoluziona. This exclusivity ensures that potential buyers can only access the products through Rivoluziona, promoting transparency and efficiency in the buying and selling process.

If a sale is completed through Rivoluziona, the exclusivity period will be automatically extended for an additional twenty (20) days to manage the necessary contractual and administrative documentation for the proper formalization of the transaction. During this period, both parties commit to actively cooperating to ensure compliance with all necessary formalities.

If the Seller withdraws the products prematurely within the thirty (30) day exclusivity period, they must pay Rivoluziona a penalty equivalent to 5% of the selling price of the withdrawn products as compensation for the commercial efforts, promotion, and intermediation activities carried out up to the date of product removal from the platform.

4.4 – Obligations of Rivoluziona

Rivoluziona undertakes to:

- Publish, promote, and facilitate the commercialization of the Seller’s products on its digital platform in accordance with best marketing and positioning practices.

- Provide the necessary digital tools for managing sales and orders, including the required technical and operational support at each stage of the commercial process.

- Offer technical support and user assistance regarding transactions carried out through the platform.

- Periodically inform the Seller about the performance of their products through metrics on views, interactions, and purchase requests.

- Rivoluziona shall have the right to unilaterally modify its operational terms and conditions, provided that the Seller is notified at least fifteen (15) calendar days in advance, during which the Seller may terminate this contract.

- Rivoluziona reserves the right to temporarily or permanently suspend the Seller's access to the platform in the event of repeated breaches or any misuse of the contracted services.

- Ensure the security of the Seller’s data by adopting appropriate technical and organizational measures for information protection.

4.5 – Obligations of the Seller

The Seller undertakes to:

- Provide truthful, detailed, and updated information about the offered products, ensuring the accuracy of their descriptions and technical specifications.

- Guarantee the availability, proper storage, and delivery of the machinery within the agreed deadlines, avoiding delays or breaches that may affect the Buyer’s experience.

- Maintain the machinery in suitable conditions while the listing remains active on Rivoluziona.

- Assume full responsibility for any claims, warranties, or defects arising after the Buyer has collected the machinery. Rivoluziona shall not be held liable for any damages occurring after the sale or issues resulting from the use of the machinery.

- Adhere to the exclusivity agreement set forth in clause 4.3 and refrain from contacting, negotiating, or concluding sales with potential buyers acquired through Rivoluziona outside the scope of this contract.

- In the event of non-compliance with contractual obligations by the Seller, Rivoluziona reserves the right to suspend or cancel their account without prior notice and without prejudice to any applicable penalties.

- Comply with all applicable tax and commercial regulations, ensuring that transactions carried out through Rivoluziona comply with prevailing legislation.

4.6 – Dismantling and Transportation

The Seller must specify whether the dismantling and transportation services for the offered machinery are included in the listing or if they must be arranged directly by the Buyer.

If the Seller provides these services, they must ensure that dismantling and transportation are carried out in compliance with applicable safety and logistics regulations, preventing any damage to the machinery during the process.

Rivoluziona shall not be held liable for any incidents, damages, or inconveniences arising from unclear information in the listing or from the execution of dismantling and transportation, whether managed by the Seller or the Buyer.

4.7 – Machinery Visits and Inspections

The Seller must explicitly indicate in the listing whether they allow visits to their facilities for potential Buyers to inspect the offered machinery.

If the Seller authorizes such visits, they grant Rivoluziona the authority to organize and coordinate them with interested Buyers, ensuring they are conducted under appropriate conditions and within the agreed timeframes.

Rivoluziona shall be responsible for scheduling the visits, subject to prior agreement between the Seller and the Buyer, ensuring that both parties have the necessary information and availability for their proper execution.

The Seller must ensure that the facilities where the machinery is located are safe and suitable for inspection, releasing Rivoluziona from any liability for incidents occurring during the visit.

4.8 – Penalty Clause

In the event that the Seller breaches any provision of this contract, including but not limited to exclusivity, confidentiality, and operational obligations, they shall pay Rivoluziona a penalty equivalent to 5% of the total value of the transactions carried out under this contract, without prejudice to Rivoluziona’s right to claim additional damages.

5. Clauses for the Buyer

5.1 – Purpose of the Contract

The Buyer enters into this adhesion contract with Rivoluziona for the purpose of accessing the platform’s digital infrastructure to search for and acquire second-hand ceramic machinery.

As a condition for accessing seller information and the ability to place offers or schedule visits, the Buyer acknowledges their binding commitment to conduct any resulting transactions exclusively through Rivoluziona, adhering to the platform’s terms of use and applicable fees.

Both parties recognize that this agreement establishes obligations regarding transparency, platform usage, and compliance with the purchase terms set forth by Rivoluziona.

5.2 – Purchase Process

To make purchases or submit offers, the Buyer must register as a user on the platform.

The Buyer may acquire industrial ceramic machinery through direct purchase at the listed price or by submitting a counteroffer.

In the case of a direct purchase, Rivoluziona will notify the Seller, who will then contact the Buyer to finalize the sale transaction.

If a counteroffer is made, once the offer acceptance deadline (indicated in the listing) has passed, Rivoluziona will notify the Seller of all received offers. The Seller will then contact the Buyer with the highest offer to finalize the sale transaction.

All offers submitted by the Buyer through Rivoluziona are binding.

The Buyer authorizes Rivoluziona to share their contact details with the Seller solely for the purpose of formalizing the sale transaction.

All listings have an expiration date, typically 30 days. After this period, the listing will expire and be removed from the platform. The Buyer must submit their offer or purchase before the listing expires if they wish to acquire the machinery.

5.3 – Intermediation Commission

The Buyer acknowledges and agrees that, as consideration for the intermediation, promotion, and business opportunity management services provided by Rivoluziona, they are obligated to pay the latter a commission equivalent to 10% (ten percent) of the total sale price of the machinery purchased through the platform, unless the parties expressly agree in writing on a different percentage.

Such commission shall be due and payable to Rivoluziona in all cases where the Buyer formalizes the acquisition of any machinery listed on the platform, whether during the negotiation process within Rivoluziona’s digital environment or afterward, provided that the platform’s intervention is deemed instrumental in the completion of the sale.

The commission payment must be made in full prior to the removal of the machinery from the Seller’s premises, with the Seller being instructed not to proceed with the delivery of the goods until Rivoluziona has confirmed receipt of the corresponding commission.

5.4 – Liability and Warranty

Rivoluziona acts solely as an intermediary in the buying and selling process. The Buyer pays the agreed price directly to the Seller, who is responsible for formalizing the sales contract, delivery, condition, and warranties of the machinery.

If the Buyer wishes to return the machinery or encounters any issues after the purchase, they must resolve such matters directly with the Seller. Rivoluziona will not intervene in any dispute between the Buyer and the Seller once the transaction has been completed and our commission has been paid.

Rivoluziona is not responsible for returns or any potential issues related to the machinery once it has been collected by the Buyer. Any agreements regarding returns, repairs, or claims must be managed directly between the Buyer and the Seller.

5.5 – Obligations of Rivoluziona

Rivoluziona undertakes to:

- Publish, promote, and facilitate the commercialization of the machinery listed on its digital platform, ensuring its proper visibility and exposure.

- Provide the necessary digital tools for the Buyer to make offers, negotiate, and complete transactions securely and efficiently.

- Offer technical support and customer service related to transactions conducted through the platform.

- Implement security measures to protect the Buyer’s personal and financial data in compliance with applicable data protection regulations.

- Inform the Buyer about the status of their offers and whether they have been accepted or rejected by the Sellers.

- Rivoluziona reserves the right to unilaterally modify its terms and operational conditions, notifying the Buyer at least fifteen (15) calendar days in advance. The Buyer may terminate this contract within that period if they do not accept the modifications.

- Rivoluziona may temporarily or permanently suspend the Buyer’s access to the platform if improper use, commission evasion attempts, fraud, or any other activity that violates the terms of this contract is detected.

5.6 – Obligations of the Buyer

The Buyer undertakes to:

- Provide truthful, complete, and up-to-date information regarding their identity, contact details, and any other required information for the purchasing process.

- Make offers and counteroffers in good faith, with the genuine intention of purchasing the machinery if accepted by the Seller.

- Pay the commission established in Clause 5.3 within the agreed terms and deadlines as consideration for Rivoluziona’s intermediation services.

- Not contact, negotiate, or finalize purchases directly with Sellers of machinery listed on the platform, avoiding any attempt to circumvent the agreed commission.

- Comply with applicable tax and commercial regulations in transactions conducted through Rivoluziona, being responsible for any taxes and obligations arising from the purchase.

- Refrain from any fraudulent or unfair conduct that could harm Rivoluziona, the Seller, or third parties involved in the transaction.

- In the event of non-compliance with contractual obligations, Rivoluziona may suspend or cancel the Buyer’s account without prior notice, without prejudice to any applicable legal actions.

6. TrueCheck Inspection

"Rivoluziona TrueCheck" is a service offered by Rivoluziona to verify the condition and quality of industrial ceramic machinery listed on the platform. This service ensures that the product description provided by the Seller matches the actual condition of the equipment at the time of sale. The inspection is conducted by expert personnel, who prepare a detailed report including a comprehensive evaluation of key systems and components, functional tests, and an image gallery of the equipment.

Inspections performed under the "TrueCheck" service are exclusively conducted by qualified personnel who follow a rigorous protocol to ensure that each machine and its components are thoroughly assessed. However, this inspection does not guarantee that all potential defects or issues with the equipment will be identified.

The images and descriptions of each machine certified under the "Rivoluziona TrueCheck" service are provided by Rivoluziona’s personnel after inspection, ensuring that the listing accurately reflects the condition of the inspected equipment. However, these images and descriptions should not be interpreted as an absolute guarantee of the future quality of the machinery after purchase.

The "TrueCheck" service is limited to verifying the physical and functional condition of the machinery at the time of inspection. It does not cover issues arising from subsequent use after purchase, nor does it guarantee the long-term performance of the equipment. Defects that may emerge after the inspection are not covered by the "TrueCheck" service. Additionally, the inspection does not extend to components not explicitly evaluated in the inspection report.

Rivoluziona assumes no responsibility for potential failures or issues with the machinery after purchase, nor for any damage or loss resulting from the purchase of a machine verified through the "TrueCheck" service. This service provides a technical assessment based on the condition of the equipment at the time of inspection but does not constitute a guarantee of future performance.

Buyers can rely on the descriptions and images provided by the "TrueCheck" service as an accurate reflection of the current condition of the equipment. However, the purchase and subsequent use of the machinery are at the Buyer’s own risk, who must consider all aspects of the equipment before making a purchasing decision.

7. Liability

The Seller is responsible for each sale of their products and for providing the necessary legal guarantees and after-sales service in accordance with the applicable regulations.

The Seller guarantees that all machinery they commercialize complies with the applicable regulations concerning occupational safety, industrial hygiene, product quality, as well as the necessary licenses and permits for its sale and use. This includes, but is not limited to, compliance with local safety, health, and environmental regulations, as well as relevant quality certifications. In case of doubt, the Buyer may verify this information directly with the Seller.

Rivoluziona shall not be liable, under any circumstances, for any damages or losses that the Buyer may suffer due to the use, defects, or malfunction of the acquired machinery. This includes any direct or indirect damages resulting from negligence or non-compliance with the sales conditions by the Seller.

Additionally, Rivoluziona shall not be responsible for:

- The accuracy, truthfulness, or update of the information provided by the Seller in the product listings, including technical specifications, condition of the machinery, or any other aspect related to the object of the sale.

- The delivery, installation, operation, or suitability of the machinery for the Buyer’s needs, as these aspects are managed directly between the Seller and the Buyer.

- The resolution of any dispute between the Seller and the Buyer, or any claim related to the quality, safety, or legality of the acquired machinery.

Rivoluziona acts solely as an intermediary between the Seller and the Buyer, providing the platform for the purchase and sale of second-hand industrial machinery but does not intervene in negotiations or final agreements between the parties.

Any conflict related to the products or services provided by the Seller must be resolved directly between the Seller and the Buyer, with no liability attributed to Rivoluziona.

8. Complaints, Disputes, and Claims

If the product offered by the Seller does not meet the Buyer’s expectations, the Buyer agrees to immediately notify the Seller, providing all relevant evidence to support their claim. Rivoluziona acts exclusively as an intermediary platform and is not involved in resolving complaints or disputes between the parties.

Rivoluziona assumes no responsibility for disputes between the Buyer and the Seller. In case of a dispute, its resolution must be handled directly between the Buyer and the Seller, with the Seller being solely responsible for any issues related to the sale of the product.

Any formal claim, complaint, or legal recourse must be filed directly between the Buyer and the selected Seller.

In case of legal proceedings, Rivoluziona may provide any available information but shall not be liable for any costs arising from such proceedings.

Rivoluziona provides complaint forms available to users for any grievances in which it is deemed responsible for the issue.

9. Intellectual Property

All copyright, trademarks, trade names, content, design, source code, and other intellectual and industrial property rights related to the content published on this website are owned by Rivoluziona and are protected under national and international intellectual property laws.

The reproduction, transmission, or distribution of all or part of the content of this website in any medium or by any technical means without the express written authorization of Rivoluziona is strictly prohibited.

Any unauthorized use of protected content will be considered a serious violation of intellectual property laws and will result in the legally established liabilities.

10. Privacy Policy

In accordance with the provisions of the General Data Protection Regulation (GDPR) 2016/679 of April 27, 2016, concerning the protection of natural persons regarding the processing of personal data and the free movement of such data, Rivoluziona has implemented all necessary technical and organizational security measures to ensure and protect the confidentiality, integrity, and availability of the submitted data.

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11. Cookies Policy

We collect information about your use of our website through Google Analytics cookies. The information generated by the cookie is transmitted and stored directly by Google on its servers in the United States.

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12. Modifications

Rivoluziona reserves the right to make any modifications it deems appropriate to these terms and conditions, with prior communication to clients who may be affected by such changes.

Modifications shall be valid from the date of their publication on the website.

13. Applicable Law and Jurisdiction

These terms and conditions shall be governed and interpreted in accordance with the laws of Italy and shall be subject to the jurisdiction of the courts of Casalgrande.

All clauses and provisions of these terms and conditions shall be interpreted independently and autonomously, and the remaining clauses or provisions shall not be affected in the event that any of them is declared void by a final judicial ruling or arbitration decision.