This document sets out the general terms and conditions of use of the Atriums Marketplace website and application, which offers Third-Party Providers the opportunity to connect with and offer their services to Users, who may book them through the Application. To access the Application, both the Third-Party Provider and the User must first register via desktop PC (https://app.atriums.com/) or via mobile devices using operating systems available in the virtual stores “App Store” for iOS (https://apps.apple.com/app/atriums-marketplace/id1645567379), “Google Play” for Android (https://play.google.com/store/apps/details?id=com.atriums.app), and “AppGallery” for Huawei (https://appgallery.huawei.com/app/C107273263), provided by the owner of the Application and by a third-party provider.
Definitions
To ensure full understanding and acceptance of these terms and conditions, the following terms, whether singular or plural, shall have the meanings set out below:
Owner: Atriums Marketplace srl, with registered office at Via Giovanni Giolitti 26, 12068, Narzole (CN), VAT / Tax Code IT04031370044, REA No. CN - 331310, fully paid share capital of €11,000.00, certified email (PEC) address atriums@pec.net
Application: the Atriums Marketplace website and application
Products: the services sold by the Owner
User: any person who accesses and uses the Application
Consumer User: an adult natural person who enters into a contract for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out
Professional User: an adult natural person or a legal entity that enters into a contract for the performance of or for the needs of its own entrepreneurial, commercial, artisanal or professional activity
Third-Party Provider: a natural or legal person, other than the Owner, who offers Products through the Application while acting in the course of their entrepreneurial, commercial, artisanal or professional activity
Content: any textual or multimedia element present on the Application, including by way of example listings, advertisements, reviews, images, etc.
Conditions: this contract governing the relationship between the Owner and Users and the sale of Products offered by the Owner through the Application.
Relationship between Owner, Third-Party Providers and Users
The Application hosts a platform managed by the Owner that enables Users interested in the Products offered by the Owner and by Third-Party Providers to connect with them.
On the Application, Users may purchase both Products provided by the Owner and Products provided by Third-Party Providers. It is always clearly indicated on the Application whether a Product is provided by the Owner or by a Third-Party Provider.
When Products are offered by Third-Party Providers, the Owner is not a party to the relationship established exclusively between Users and Third-Party Providers and assumes no responsibility arising from such relationships, acting solely as the technical operator of the Application. Therefore, any contract entered into between Third-Party Providers and Users is not governed by these Conditions.
The sales terms and conditions of each Third-Party Provider are published on the Application under the section “Third-Party Provider Terms and Conditions.”
Detailed information on the Application’s offer
The Application allows Users to access the services of Third-Party Providers within the service categories made available by the Application, in which the Third-Party Provider has published one or more services. These categories include, by way of example and without limitation: Domestic Cleaning, House Cleaning, Laundry, Ironing, Pilates, B&B and Guesthouse Preparation, Massages, Maintenance, Plumbing, Tailoring Repairs, Babysitting, Career Counseling, Language Lessons, Pet Grooming, and many others.
Once the User selects a one-off or recurring service and the Third-Party Provider, the User chooses the dates and times available for service execution as declared by the Third-Party Provider and completes the purchase by making payment, thereby concluding the service contract between the User and the Third-Party Provider.
The Third-Party Provider shall perform the ordered service under its own organization and responsibility, without instructions from the e-marketer.
Upon conclusion of the service contract, the User pays, through the Application, a fiduciary appointed by the Third-Party Provider, the amount agreed at the time of the order. The fiduciary accepts such payment in the name and on behalf of the Third-Party Provider and forwards it to the Third-Party Provider after deducting the e-marketer’s commissions, in the amounts and according to the methods agreed between the Third-Party Provider and the e-marketplace.
Payment processing for Third-Party Providers on the Application is provided by Stripe and is subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, collectively referred to as the “Stripe Services Agreement.” The User agrees to be bound by the Stripe Services Agreement and any amendments made by Stripe from time to time.
To enable payment processing services via Stripe, the User agrees to provide accurate and complete information about themselves and their tax data and authorizes the platform to share such information and related transaction data for the use of Stripe’s payment processing services.
Scope of application of the Conditions
Use of the Application implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other notes, legal notices or information published or referenced therein, they may not use the Application or related services.
The Conditions may be amended at any time.
The applicable Conditions are those in force on the date the purchase order or service request is submitted.
Before using the Application, the User must carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to modify, at its sole discretion and at any time, including after User registration, the Application’s graphical interface, Content and organization, and any other aspect of its functionality and management, providing Users with any necessary instructions.
Purchases through the Application
All Products offered through the Application are described in detail on the relevant product pages (quality, features, availability, price, delivery times, additional charges, etc.). There may be errors, inaccuracies or minor differences between what is published on the Application and the actual Product. Product images are for illustrative purposes only and do not constitute contractual elements.
Purchases through the Application are permitted to both Consumer Users and Professional Users.
Natural persons may make purchases only if they are adults. Any purchases by minors must be reviewed and authorized by parents or legal guardians.
The offer of Products through the Application constitutes an invitation to treat, and the order submitted by the User constitutes a contractual purchase proposal subject to confirmation and/or acceptance by the Owner. The Owner reserves the right to accept or reject the User’s order at its sole discretion.
The sales contract is concluded upon acceptance by the Owner, which occurs through the sending of an order confirmation email containing order details, Product information, price, charges, delivery times, withdrawal rights or exclusions, and warranty information.
If a Product is unavailable, the Owner will inform the User of new delivery terms and ask whether they wish to confirm the order.
The User must verify the accuracy of the order confirmation and promptly report any errors, retaining copies of the order, confirmation and Conditions.
Registration
To use the Application’s features, Users must register by providing accurate and complete information and accept the privacy policy and Conditions.
Users must safeguard their login credentials and keep them confidential. Any suspected misuse must be promptly reported.
The User guarantees the truthfulness of the information provided and agrees to indemnify the Owner against any damages arising from violations of registration rules or credential misuse.
Account cancellation and closure
Registered Users may discontinue use of the Application at any time and deactivate or request deletion of their account via the Application interface or by emailing help@atriums.com.
In case of violations of the Conditions or applicable laws, the Owner reserves the right to suspend or close the User’s account without notice.
Subscription
The Application offers subscription-based Products. Subscription features and terms are detailed within the Application.
Subscriptions renew according to the terms indicated and may be cancelled via the Application, by email to help@atriums.com, or by modifying payment method preferences.
Prices and payments
Prices include VAT where applicable. Where prices cannot be calculated in advance, calculation methods are indicated.
Additional taxes and charges are specified. The Owner may change prices at any time without affecting already concluded contracts.
Payments are processed through third-party tools, and the Application does not access payment data. If payment authorization is denied, the Owner cannot provide the Products.
Invoicing
Users requesting an invoice must provide accurate billing information, for which they assume full responsibility.
Service provision
Services will be provided according to the methods and timelines indicated. If provision is delayed or impossible, the User will be notified and may request a refund.
Right of withdrawal
Both Consumer and Professional Users may withdraw within 30 days of contract conclusion by written notice to help@atriums.com. Refunds will be issued within 14 days.
The right of withdrawal is lost once the service is fully performed, and partial performance requires proportional payment.
Withdrawal from subscriptions does not entitle the User to refunds for services already used.
Exclusions from the right of withdrawal
The right of withdrawal does not apply to, among others:
– Products subject to market fluctuations
– Customized or perishable Products
– Sealed Products opened after delivery
– Urgent repair or maintenance services requested by the User
– Digital content opened after delivery
– Newspapers, magazines (except subscriptions)
– Public auctions
– Accommodation for non-residential purposes, transport, car rental, catering, and leisure services with specific dates.
Optional withdrawal form
(Translated form omitted here for brevity but maintained in structure and content.)
User-submitted Content
Users may upload Content provided it is lawful and non-infringing. Users are solely responsible for their Content and grant the Owner a non-exclusive, worldwide license to use it.
The Owner may remove Content deemed unlawful or inappropriate.
Intellectual Property Rights
All Application content is protected by copyright and trademark laws. Unauthorized use is prohibited.
Disclaimer of warranty
The Application is provided “as is” without warranties. Availability is not guaranteed.
Limitation of liability
The Owner is not liable for indirect damages or losses beyond twice the amount paid by the User.
Force majeure
The Owner is not liable for delays or failures due to force majeure events.
Third-party links
The Application may contain links to third-party sites, for which the Owner assumes no responsibility.
Privacy
Personal data is processed in accordance with the Privacy Policy available at https://www.atriumsmarketplace.com/privacy-policy
Governing law and jurisdiction
These Conditions are governed by Italian law. Jurisdiction is determined according to User type and residence.
Online dispute resolution
EU Consumer Users may use the EU ODR platform at ec.europa.eu/consumers/odr
Date: 03/10/2022
