GENERAL CONDITIONS OF USE

Exporium S.r.l. (Vat no. 09720761213), with registered office in via Passariello n. 103, 80038 – Pomigliano d’Arco (NA) (hereinafter "Exporium") invites each party interested in using the website www.exporium.com (hereinafter the "Platform") and the services offered on it, to read this document carefully before using the Platform and the related services.

Each person who uses and visits the Platform (hereinafter the "User") accepts and undertakes to comply with these general conditions of use (hereinafter the "General Conditions"), which have as their object the identification of the rights and the obligations of the parties interacting on the Platform and the regulation of the services offered on it.

1) The Exporium Service and the Basic Service

The Platform allows: (i) each Exporium User (defined below), through a computer algorithm whose Exporium is the exclusive licensee, to negotiate, based on the type of chosen subscription, with another Exporium User the purchase of different types of products relating to the agri-food and drinks sector and, at the same time, it offers Exporium User the opportunity to create a specialized network of professionals able to interact through the Platform (hereinafter the "Exporium Service") and (ii) each Basic User (defined below) to purchase, without the possibility of negotiation, different types of products relating to the food and beverages sector from each Exporium User (hereinafter the "Basic Service").

The Exporium Service and the Basic Service, jointly referred to as the “Services”, are intended exclusively for professional operators and cannot be used by consumers, who are not allowed to register on the Platform.

2) Operation of the Exporium Service and the Basic Service

Exporium operates as a supplier of the Services provided through the Platform.

Exporium is not part of the sales contract relating to the products traded and sold through the use of the Services.

The products offered for sale and marketed on the Platform by an Exporium User are not owned by Exporium, which is unrelated to each contract concluded on the Platform. Each contract regarding the sale of products traded on the Platform through the Services is between the Seller (defined below) and the Buyer (defined below).

The Exporium User who offers certain products for sale through the Exporium Service (hereinafter the "Seller") is solely responsible for the sale of the products themselves and for the management of any disputes with the Exporium User and/or the Basic User who purchases the products (hereinafter the "Buyer").

Exporium is not responsible for the quality of the products sold and it cannot be charged for any responsibility for the state of the products themselves or for the control over the work of the Seller. No guarantee on the sale and/or purchasing proposals of each Seller and/or Buyer is provided by Exporium which, moreover, does not assume any responsibility regarding the sales contract of the negotiated products and its correct execution, not acting in any way as an agent of the Sellers and/or the Buyers.

Should there be any discrepancies or inaccuracies between the Order (defined below) executed by the Buyer and the products delivered to him, the Buyer may send an email to Exporium to the following address (hereinafter the "Complaint"). Once the Complaint has been received, Exporium forwards it to the Seller who will be the sole responsible for solving the problem referred to in the Complaint. Exporium, which provides no guarantees about the products referred to in the Order, exclusively manages the communications between the Buyer and the Seller and is in no case responsible for the positive solution of the issue referred to in the Complaint.

The provisions referred to in this article do not, in any case, affect the Buyer's rights deriving from the law applicable to the contract concluded with the Seller, in particular the right to receive the purchased goods within a reasonable time or to be reimbursed in the event of non-delivery, also due to unforeseeable circumstances or force majeure.

Each Exporium User and/or Basic User has in any case the right to inform Exporium, for the sole purpose of information, by sending a communication to the following email address , of any technical problems relating to the Exporium Service and/or the Basic Service and found during a negotiation and/or a purchasing, without however charging Exporium with any responsibility in relation to the negotiation itself.

3) Registration

Registration on the Platform is subject to acceptance of these General Conditions and to the prior verification of the information and documentation required to the User in order to complete the registration itself.

To use the Services and their functions, the User must register on the Platform by creating an account (hereinafter the "Account") to which it is necessary to log in whenever to the User wishes to use the Services.

For the purpose of creating the Account, the User must provide an email and create a password (hereinafter jointly the "Access Credentials") which must be used to access the area of the Platform reserved.

Following the creation of the Account, for the purposes of accessing and using the Exporium Service, the User will be asked a series of information and documentation, necessary to complete the registration phase, which will be verified and validated by the Payment Service (defined below). If the User does not provide all the information and documentation requested, it will not be possible to proceed with registration and, consequently, to use the Exporium Service. In this regard, the User by accepting these General Conditions gives his consent to the forwarding of the information and documentation necessary for the purpose of the checks to complete the registration on the Platform, to the Payment Service. It is understood that Exporium and/or the Payment Service reserve the right to refuse the registration of Users who, for any reason, are considered not suitable for the said registration.

Only after the successful completion of the checks on the information and documentation requested from the User, the registration can be considered complete and the User who has completed the registration (hereinafter the "Exporium User") can start using the Exporium Service from their Account.

Following the creation of the Account and for the purposes of accessing and using the Basic Service, the User will be asked a series of information necessary to complete the registration phase. If the User does not provide all the information requested, it will not be possible to proceed with registration and, consequently, to use the Basic Service. In this regard, the User by accepting these General Conditions gives his consent to the forwarding of the information and documentation necessary for the purpose of the checks to complete the registration on the Platform, to the Payment Service. It is understood that Exporium reserves the right to refuse the registration of the Users who, for any reason, are considered not suitable for the said registration.

Each Exporium User and/or Basic User accepts responsibility for all the activities that will be carried out through his / her Account and undertakes to take all the necessary precautions to ensure the security and confidentiality of the Access Credentials and to immediately inform Exporium if the Access Credentials should be lost and/or there should be reason to believe that they have been misappropriated and/or used improperly by third parties, without any authorization.

For the purpose of changing the Access Credentials, it is allowed to change, at any time, the password. To change the email, it is necessary to contact Exporium.

The User is responsible for the truthfulness of the information and/or of the documentation provided at the time of registration and is required to notify Exporium of any changes relating to the information and/or documentation themselves. If it is necessary to modify and/or update the information and/or documentation provided during registration, the Exporium User and/or Basic User must contact Exporium which will proceed, based on the information received, with the required changes and updates.

In order to adequately protect the data provided during registration, the User is invited to carefully consult the "Privacy" section of the Platform and the Payment Service Framework Agreement.

4) Cost of subscription to the Exporium Service

The Exporium User can choose the type of subscription of the Exporium Service to join from among those provided at the following link.

The use of the Exporium Service, in the type of subscription chosen, will be subject to the payment of the amount indicated for the specific subscription.

In addition to the payment of the prescribed amount for the chosen subscription, the use of the Exporium Service will be available following the verification of the information and of the documentation provided by the User at the time of registration is completed.

The types of subscriptions of the Exporium Service are on an annual basis (hereinafter the "Subscription Period"). Should the Exporium User, at the expiration date of the Subscription Period, not renew the subscription to the chosen Exporium Service, the enjoyment of the Exporium Service will be automatically terminated.

The Exporium User, who has not renewed the subscription of the Exporium Service at the end of the Subscription Period, can not continue to use the Exporium Service.

The Basic Service is free of charge and it is available to the Basic User following the registration on the Platform.

5) Purchase of products on the Platform

The Exporium User, through the Exporium Service, will be able to find and contact other Exporium Users who are potentially interested in entering into a negotiation aimed at the sale and/or purchase of the products offered for sale on the Platform. During each negotiation aimed at purchasing products through the Exporium Service, Exporium Users will not have direct contact with each other, but any interaction between them will take place through the use of the Exporium Service.

The procedure for purchasing products on the Platform through the Exporium Service is divided into three phases:

• the negotiation phase of the products of interest between the Seller and the Buyer (hereinafter the "Negotiation"),
• the shipping phase of the products object of the Negotiation (hereinafter the "Shipping"),
• the payment phase of the products object of the Negotiation (hereinafter the "Transaction").

During the Negotiation, the Exporium User, Seller or Buyer, after identifying a possible commercial partner among the other Exporium Users, starts a negotiation with the selected Exporium User, making an offer to the latter by clicking on the specific icon on the Platform. The Exporium User who receives the offer has 72 (seventy-two) hours to check the offer received and will be able to:

• accept the offer;
• make a counter offer;
• reject the offer;

In order to limit the timing of the Negotiation, the parties can make up to a maximum of 3 (three) counter offers in total.

Seller and Buyer, during the Negotiation, will be able to agree on the timing for both the Shipment and the Transaction.

As defined in the negotiation between the Seller and the Buyer, the shipment of the products may take place either before or after the Transaction. Exporium User can define this by mutual agreement and opt for one of the options. The Seller, during the Negotiation and through the product pages, must indicate any limitations of a technical nature for the delivery of particular product categories.

The procedure for purchasing products on the Platform through the Basic Service is divided into three phases:

• the selection phase of the products of interest between the Seller and the Buyer (hereinafter the "Selection"),
• the shipping phase of the products object of the Selection (hereinafter the "Shipping"),
• the payment phase of the products object of the Selection (hereinafter the "Transaction").

The Basic User may therefore, by means of the Basic Service, select and purchase the products offered for sale on the Platform, without, however, having the possibility of entering into a Negotiation.

Exporium is not part of the contract concerning the purchase of products through the Services, a contract that is in place and binding only between the Seller and the Buyer.

6) Price of the products and commission for the Services

The price of the products, present on the page relating to each product, is established by the Seller and includes any taxes due.

The total prices of the products, for both the Exporium Service and the Basic Service, involved in the purchasing are visible by the Buyer at the time of sending the purchase order including all the products (hereinafter the "Order").

In addition to the price of the Order, the commission due by the Seller in favor of Exporium following the successful conclusion of the product sales process through the Exporium Service and/or the Basic Service (hereinafter the "Fee") is visible to the Seller. The Fee is calculated based on the type of subscription of the Exporium Service subscribed by the Seller.

7) Methods of payment

Each Exporium User and/or Basic User acknowledges and accepts that the Transaction payment system is managed directly and exclusively by a third-party company (hereinafter the "Payment Service") authorized to do so and identified by Exporium. The relations between the User Registered and the Payment Service are regulated according to the Payment Service Framework Agreement.

The sale of the products takes place between the Seller and the Buyer, therefore the same is subject to the tax legislation governing the tax regime of the Seller and it is the latter that issues the invoice to the Buyer.

The Transaction takes place by bank transfer made by the Buyer in favour of the Seller. The Basic Transaction may take place either by bank transfer made by the Buyer in favour of the Seller or by credit card. Both the Transaction and the Basic Transaction are handled through the Payment Service.

According to the agreements reached in the negotiation between the Seller and the Buyer, the Transaction can take place before or after the delivery to the Buyer of the products covered by the Transaction.

In the case of a Transaction before the delivery of the products referred to in the Order and in case of a Basic Transaction, the sum referred to in the Transaction and/or in the Basic Transaction is paid by the Buyer at the time the Order is sent and blocked on an electronic wallet referable to the Buyer and specifically created by the Payment Service. The sum is credited to the Seller only after the delivery of the products to the Buyer has been confirmed. In the event of non-delivery of the products to the Buyer, the amount relating to the Transaction is automatically refunded by the Payment Service to the Buyer.

In the case of a Transaction after delivery to the Buyer of the products referred to in the Order, the sum referred to in the Transaction is paid by the Buyer after confirmation by the same to Exporium of the delivery of the products referred to in the Order. Also in this case, the sum covered by the Transaction passes through an electronic wallet referable to the Seller, created specifically by the Payment Service, before being transferred from the Payment Service to the Seller.

Cash transactions relating to Transaction and Basic Transaction are carried out exclusively by the Payment Service, which processes and stores all documents relating to the same. Exporium is not responsible for the flow of money paid by the Buyer to the Seller.

Each Exporium User and/or Basic User decides in full autonomy and freedom to use the Payment Service, as available at this link, at the time of registration on the Platform and in any case at the time of the conclusion of each Transaction and/or Basic Transaction. In this regard, each User, for the purposes of registration and use of the Payment Service, may verify the terms relating to the relationship with the Payment Service at this link, which must in any case be accepted by the User to complete the registration process.

Exporium invites each User, Exporium User and Basic User to read the Payment Service Framework Agreement available at this link.

8) Shipping of products

Exporium is not responsible for the Shipping and/or for the Basic Shipping of the products purchased on the Platform.

The terms and methods of the Shipping are negotiated and managed entirely by the Seller and the Buyer who, in any case, will be able to use any Exporium business partners for the shipment. It is understood that, even in the event that the Seller and Buyer use Exporium's commercial partners for the shipment, Exporium is not, and cannot be held, in any way responsible for the outcome of the shipment.

The terms and conditions of the Basic Shipping are set by the Seller. Even in this case, Exporium is not, and cannot be held, responsible in any way for the outcome of shipments.

In the case of international shipments, it is the responsibility of the Seller to comply with the rules on the export of products from their own country to the country of destination of the goods.

At the time of delivery of the products, the Buyer must check their status and conditions and, in the event of alteration or damage to them, can activate the Complaint procedure referred to in paragraph 2 of these General Conditions.

It is understood that Exporium is not responsible for any damage to the products occurring during the shipment and delivery of the same.

9) Product Info

For the purposes of the execution and enjoyment of the Services, each Seller may publish images, information and descriptions relating to the products offered for sale on the Platform (hereinafter the "Product Info").

The Product Info published on the Platform may differ from the real ones due to the system settings and/or the tools used for their display. Exporium is not responsible for the mismatch in the image of the products purchased and/or for the description of the same with respect to the Product Info present on the Platform.

Exporium is unrelated to the publication of Product Info by Sellers, not intervening in their formation or dissemination and, therefore, declines all responsibility in the event of publications in violation of these General Conditions and/or any other applicable law provision.

In any case Exporium reserves: (i) the right to remove, without the prior consent of the Seller, the Product Info that may be deemed in violation of the provisions of these General Conditions and/or any other provision of applicable law, (ii) the right to modify and/or integrate, without the prior consent of the Seller, the description of the products offered for sale on the Platform if the description itself is not exhaustive and/or incomplete.

Each Exporium User and /or Basic User and/or third party, who considers that the Product Info published on the Platform are to be considered in violation of these General Conditions or other applicable legal provisions, has the right to report the violation to Exporium by means of sending a specific email (hereinafter the "Product Report") to the email address . The Product Report will be taken over by Exporium in order to assess its relevance and, where necessary, proceed with the removal of the Product Info deemed in violation.

Following the publication of Info Products, without prejudice to the moral rights of the author of the same, Seller grants Exporium a non-exclusive and free license to use, reproduce, publish, make available and modify the Info Products in any part of the world (including the right to sub-license to third parties).

Seller may, in any case and at any time, cancel the Product Info from the Platform.

With reference to the Product Info published, Seller declares and guarantees:

• to have, directly or indirectly, the ownership or in any case the availability of all the rights relating to them;
• that they are relevant to the Exporium Service and/or the Basic Service;
• that the same do not conflict with these General Conditions and/or with other applicable legal provisions or with the policies and guidelines applicable by Exporium and which, in any case, do not cause prejudice to third parties.

Seller undertakes to hold Exporium harmless from any legal liability towards third parties and, consequently, to hold Exporium harmless from any legal actions taken by third parties against Exporium, deriving from or in any case connected with the Product Info published by the Seller on the Platform.

10) Services accessible to Unregistered Users

Unregistered User can browse the Platform and consult it freely but cannot use the Exporium Service and the functions of the Platform reserved for Exporium Users and/or Basic User.

11) Content on the Platform

All content present or made available through the Platform and in the execution of the Services in the form of texts, graphics, logos, icons, images, layouts, audio files, digital downloads, data collections and software not published by Sellers (hereinafter the "Contents"), are the property of Exporium and/or its suppliers / authors of contents and/or of its licensee and are protected by national and international copyright laws.

The Exporium User and/or the Basic User and/or any other other user of the Platform is not allowed to extract, acquire and/or reuse, in whole or in part, in any way and for any reason, the Contents without the express and prior written consent of the of Exporium and/or its suppliers. Exporium has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent, reproduction, in any way or form, in whole or in part, of the Contents.

Any act of reproduction must be, from time to time, authorized in writing by Exporium and/or by the supplier / author of the individual Content. Any authorized reproduction operations must, in any case, be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of Exporium and/or the suppliers / authors of the Contents. In any case, the Exporium User is exclusively authorized to carry out any temporary acts of reproduction, with no economic significance, which are an integral and essential part of the Services and which are performed only for a legitimate use of the Platform.

Exporium and/or the suppliers / authors of the Contents have, at any time, the right to claim the authorship of their works and to oppose any deformation, mutilation or other modification of the works, including any act and damage caused to the works, which is detrimental to their honor or reputation.

12) Trademarks and other distinctive signs

Exporium is licensee of registered rights and de facto rights on the “EXPORIUM” trademark and on the domain names “exporium.com”, “exporium.it”, “exporium.de” and “exporium.uk”.

Exporium is also licensee of all other distinctive signs relating to the graphic material (by way of example and not limited to the page headers, icon buttons, characters, etc.) made available to the User, Basic User and the Exporium User on the Platform for the use of the Services.

The trademarks and other distinctive signs of Exporium cannot be used by any user of the Platform except in accordance with the provisions of these General Conditions. In particular, in order to prevent confusion on the market and to avoid any behaviour that could denigrate or discredit Exporium, the Exporium User and/or the Basic User and/or the User and/or any other user of the Platform cannot use the trademarks and distinctive signs of Exporium if the latter has not expressed the prior written consent to the use of the same.

All other trademarks and distinctive signs present on the Platform, which are not owned by Exporium but which distinguish the products sold on the Platform, are registered and/or de facto trademarks owned by their respective owners and are used within the Platform only for the purpose of distinguishing, describing and advertising the products offered for sale through the Platform itself. These are and remain the property of their respective owners and neither the Exporium User and/or the Basic User, following joining the Exporium Service and/or Basic User, nor any user of the Platform acquires any rights with respect to such trademarks and distinctive signs owned by third parties.

Any use of the trademarks present on the Platform, owned by Exporium or by third parties, not in compliance with the law and/or not authorized by the owner, is prohibited and entails serious legal consequences. Except for the consent of Exporium and/or any other owner of registered and/or de facto trademarks and/or other distinctive signs present on the Platform, it is in no way permitted to use them to take unfair advantage of their distinctive character or reputation or in a way that would harm their owners. The Exporium User and/or the Basic User and/or any user of the Platform will be solely responsible for any damage caused to the owner of the infringed rights, indemnifying Exporium from any liability towards third parties.

13) Violation of the industrial and intellectual property rights of third parties

Exporium promotes the respect of industrial and intellectual property rights owned by third parties.

Should an Exporium and/or a Basic User and/or any third party believe that their industrial and intellectual property rights have been used on the Platform in order to give rise to possible violations, the Exporium User and/or the Basic User and/or the third party can report the alleged violation to Exporium to the following email address (hereinafter the "IP Report").

The IP Report may concern all industrial and intellectual property rights, by way of example patent rights relating to trademarks, designs, patents, copyright, industrial secrets and know-how.

Following receipt of the IP Report, Exporium will activate the procedure aimed at assessing the violation reported in the latter and, where necessary, eliminating the violation itself.

However, it is understood that Exporium is not liable for violations of industrial and intellectual property rights, owned by third parties, committed by a User and/or Exporium User and/or Basic User on the Platform or in any case in execution of the Exporium Service.

14) License for the use of the Platform and the Services

Exporium is licensee of the operating software of the Platform and the Platform through which the Services are offered and enjoys the protection afforded by national and international copyright laws.

Provided that the Exporium User and/or the Basic User complies with these General Conditions, Exporium grants them the use of the Platform for the enjoyment of the Exporium Service and the Basic Service in a non-exclusive, non-transferable, non-sub-licensable manner and for the entire duration of the relationship with Exporium (hereinafter the "License").

It is not allowed to reproduce, duplicate, copy, sell or in any other way use the operating software of the Platform, the Platform itself, the Exporium Service and the Basic Service, in whole or in part, without the express written consent of Exporium.

Exporium does not grant the right to make derivative use of the software, the Platform and/or the Exporium Service and/or the Basic Service, and therefore will not be able to download or copy information relating to the Platform and/or the Services or use acquisition devices and data extraction for one's own benefit or for third parties. The use of the Platform and the Services is permitted exclusively within the limits established by law and by these General Conditions, the violation of which may imply the revocation of the License, without prejudice to the right of Exporium to act for the protection of its interests in all appropriate venues, including judicial ones.

It is therefore not, under any circumstances, allowed (i) to incorporate and/or combine a part of the software of the Platform among their programs, (ii) to transfer the software of the Platform to use it in relation to another service, (iii) to sell, rent, distribute, sub-license or otherwise assign any right in the software of the Platform, in whole or in part. The Exporium User and/or the Basic User cannot therefore copy, modify, reverse engineer, decompile or disassemble or otherwise intervene on the software of the Platform, in whole or in part, or create derivative works from it, nor encourage, assist or indulge others to carrying out such activities.

In the event that the Exporium Service and/or the Basic Service is used thanks to the support of services provided by third parties, such as the suppliers of a wireless service or a mobile telephone platform, Exporium will not be liable in any case with respect to the use of such services provided by third parties. which will be subject to the policies, conditions of use and tariffs of such third parties.

All rights relating to the License not expressly granted by these General Conditions remain with Exporium, its possible licensors, suppliers, publishers, owners or other service providers.

15) Communications in electronic format

By using the Platform, the Basic Service and the Exporium Service, the User and/or the Exporium User and/or the Basic User agrees to communicate with Exporium electronically. Only in exceptional cases communications can also be made by telephone.

Without prejudice to the specific provisions of law with imperative nature, for the purposes of these General Conditions, the User and/or the Exporium User and/or the Basic User accepts that the notifications, information and any other communication received by Exporium in electronic form satisfies the requirement of written form, where required by law.

16) Exporium diligence

Exporium will do its best, adopting due diligence, in order to allow the enjoying of the Services through the Platform.

In particular, Exporium makes every effort to ensure that the Services is provided without interruptions and that computer transmissions take place without errors as far as it is possible.

17) Liability of Exporium

Exporium merely makes the Platform, the Exporium Service and the Basic Service available to each Exporium User and Basic User.

Exporium is unrelated to the conclusion of commercial transactions and the success of the same, therefore it declines all responsibility for the work of Exporium Users and/or Basic User, both Sellers and Buyers, and declines all responsibility for any disputes that may arise in the context of the conclusion or execution of commercial transactions.

Exporium does not offer any guarantee of achieving economic objectives that each Seller and/or Buyer intends to achieve, nor is it responsible for the trend in the Registered User's business volume.

Exporium does not produce, own, guard, store, distribute, transport the products traded and sold on the Platform by the Seller and Buyer and, therefore, is not responsible for their compliance with the laws and regulations in force, nor for their compliance with the informations contained on the Platform in the product pages, provided by the Sellers to the Buyers before the purchase.

Exporium is not responsible for any suspensions or interruptions of the Services on the Platform, nor is it responsible for any inability to access the latter. In this regard, Exporium declines any liability for any damage resulting from the inaccessibility to the Platform or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems related to the network, providers or telephone and/or telematic connections, unauthorized access, alteration of data, failure and/or malfunction of the user's electronic equipment.

Exporium cannot in any case be held liable for: (i) losses that are not a consequence of the violation by Exporium of these General Conditions, (ii) losses of commercial opportunities by the Exporium User and/or the Basic User (by way of example but not limited to lost profits, revenues, contracts, presumed savings, data, goodwill or unnecessarily incurred expenses), (iii) any other indirect or consequential loss that was not reasonably foreseeable at the time of registration on the Platform.

18) Suspension of the Exporium Service and/or the Basic Service

Where necessary, in order to carry out the necessary repairs, maintenance and/or the introduction of technical improvements functional to the improvement of the Services, access to the Platform and/or the provision of the Services may occasionally be suspended or limited.

19) Changes to the Platform, the Services and changes to the General Conditions

Exporium reserves the right to modify the functioning of the Platform and the Services and, where necessary, to modify these General Conditions at any time to offer new services or to adapt to new legal and regulatory provisions.

The Exporium User and/or the Basic User, in order to use the Exporium Service and/or the Basic Service, will be subject to the Exporium policies and the terms of the General Conditions from time to time in force at the time of use of the Platform.

20) Withdrawal and modification of the type of subscription

At any time it is possible (i) withdraw from joining the Platform, the Exporium Service and/or the Basic Service and (ii) change the type of subscription joined.

In case of withdrawal by the Exporium User from the Exporium Service within 90 (ninety) days from the date of subscription of the type of service chosen, Exporium will refund in full the amount paid by the Exporium User for the subscription to the chosen Exporium Service. Should the Exporium User withdraw from the Exporium Service after the term of 90 (ninety) days from the date of subscription of the type of service chosen, Exporium will reimburse the Exporium User by paying him the proportional amount equal to the number of missing days from the end of the Subscription Period.

Following the withdrawal, the Exporium User will no longer be able to use the Exporium Service unless a new subscription is made.

In case of withdrawal by the Basic User from the Basic Service, the Basic User will no longer be able to use it.

It is understood that in the event of withdrawal from the Exporium Service and/or Basic Service, all Orders placed and/or received prior to the withdrawal are valid and binding for the Exporium User and/or Basic User.

21) Acceptance of the General Conditions

These General Conditions are considered expressly known by Exporium User, Basicu User and User.

At the time of registration, each User is invited and directed to consult the General Conditions so that he/she can view and be informed of their content. Failure to accept the General Conditions by the User who wants to register on the Platform prevents the User from completing the registration on the Platform and to use the Exporium Service and/or the Basic Service.

In any case, each Exporium Userand/or Basic User undertakes (i) not to cause interruptions, damage or malfunctions to the Exporium Service and its functions, (ii) not to act with fraudulent purposes towards Exporium and/or any third party.

22) Violation of the General Conditions and applicable laws

Exporium reserves the right to take any initiative aimed at protecting its rights as well as those of each Exporium User and/or Basic User, or interested third party, in the event of a breach of these General Conditions by an Exporium User and/or Basic User and/or a User.

Each Exporium User and/or Basic User is informed and aware that Exporium has the right to take any initiative deemed appropriate to eliminate, even temporarily, the consequences of the harmful conduct in contrast with these General Conditions, also reserving the right to revoke, without notice and at its discretion, the registration of the Exporium User and/or the Basic User in the event that he violates these General Conditions. In the latter case, Exporium will not be required to return the compensation to the Exporium User, in full or proportionally in consideration of the Subscription Period that has elapsed, relating to the type of subscription of the Exporium Service.

In any case, in the event of a violation of these General Conditions and/or the legal provisions applicable to the case in question, Exporium reserves the right (i) to temporarily suspend or permanently close the Account that operates in violation of the provisions of the law or of these General Conditions and (ii) to protect themselves in every appropriate forum, including judicial.

23) Waiver

In case of non-fulfillment by a Registered User of these General Conditions, the failure by Exporium to exercise the right to take action against the Exporium User and/or the Basic User and/or the User in violation, does not represent a waiver by Exporium to act for the violation of the obligations assumed by the latter.

24) Force Majeure

Exporium cannot be held responsible for any delay or failure to comply with the obligations set out in these General Conditions in relation to the Services provided on the Platform if the delay or failure derives from unforeseeable circumstances or due to force majeure.

25) Access to the Platform and the Services

The use of the Platform and the use of the Services, including the creation of the Account, are only allowed to persons who have reached the age of 18, or in any case recognized as adults under the legal regulations of their country of residence, and to legal persons acting through a natural person with the necessary powers to operate in the name and on behalf of the same legal person.

26) Privacy

All data and information communicated by the User to Exporium are processed by the latter in compliance with the European Regulation no. 2016/679 (hereinafter "GDPR") and subsequent amendments, as well as in compliance with applicable national laws.

Registration on the Platform is in any case subject to prior consultation and acceptance by the User of the Privacy Policy relating to the Platform, which can be consulted at any time at the following link.

Any changes to the data processing regime authorized by the Exporium User and/or Basic User can be made at any time by following the procedure expressly indicated in the Platform Privacy Policy.

For the purposes of data processing by the Payment Service, each User may consult before the registration the privacy policy adopted by the Payment Service at the following website: www.mangopay.com.

27) Applicable law and competent court

These General Conditions are regulated and must be interpreted in accordance with the law of the state of England and Wales and any dispute will be subject to the exclusive jurisdiction of the competent Courts of the State of England and Wales.

28) Miscellaneous

If one of the provisions referred to in these General Conditions of Use is deemed invalid, null or unenforceable for any reason, this case will not affect the validity and effectiveness of the other provisions.

The titles of the Articles are inserted for the sole purpose of facilitating reading and cannot be used for the purposes of interpretation of these General Conditions.

Any reference to a document must be understood as being made to that document as subsequently amended or novated pursuant to the provisions contained therein.

Unless the context requires otherwise, the use of the masculine gender is understood to include the feminine gender and the terms in the singular also include the plural and vice versa.

29) Contacts

The Platform is owned and operated by Exporium S.r.l., with its registered office at via Passariello n. 103, 80038 – Pomigliano d’Arco (NA) - Italy. All communications of a general nature can be addressed not only by post to the address indicated above but also to the email address .