Terms&Conditions

GENERAL TERMS AND CONDITIONS
AtBeautyQ LLC., having its registered office at 16B Fox Ln, Greenwich, CT, 06830-6884 (“AtBeautyQ”) is the owner of the Internet site www.atbeautyq.com (the "Marketplace") through which (a) professional and consumer users can publish their ads of luxury goods and properties offered for sale and (b) potential purchasers can search for the desired luxury goods entering in touch with AtBeautyQ staff through the procedure described on the Marketplace.
1. THE AGREEMENT
1.1. These general terms and conditions (the "Terms"), and the Privacy Policy (collectively, the "Agreement"), govern the relationship between AtBeautyQ, a services provider for the consultation on advertising and publication of advertisements for luxury goods and properties, including works of art, luxury cars, jewellery, watches and fashion accessories (bags, hats, gloves, ties) (collectively, the "Assets") and the Users who make use of such services through the Marketplace.
1.2 Any additional agreements, additions or modifications to the Agreement shall be binding on AtBeautyQ and the Users provided that AtBeautyQ has expressly accepted them in writing. No oral agreement between AtBeautyQ and the User shall be deemed valid and binding.
1.3 AtBeautyQ reserves the right to change these Terms for reasons related to the operation of its business. For Users not registered to the Marketplace and for Users who register after the date of publication of the new Conditions on the Site, the new Conditions shall be effective immediately upon their publication on the Marketplace. For Users registered prior to the publication of the new Terms, AtBeautyQ will give at least 30 (thirty) days’ notice by e-mail or by posting the new version on the Marketplace, of any changes to these Terms, with the caveat that such changes will be deemed accepted by the User unless the User, within such period, exercises his/her right of withdrawal by deleting his/her account by accessing the Marketplace.
1.4 By accessing the Marketplace, the User agrees to comply with these Conditions. The User is invited to print out a copy of these Terms for future reference.
2. REGISTRATION AND FEES  
2.1 Registration on the Marketplace is free of charge. Registration is only allowed for persons of unlimited legal capacity. Minors in particular may not register.
2.2 A current e-mail address and a password are required to register to the Marketplace. At the time of registration to the Marketplace the User shall choose his/her access credentials and shall receive an email confirmation of successful registration to the Marketplace from AtBeautyQ to the email address indicated by the User during registration.
2.3 The e-mail address is also used for communication with AtBeautyQ and is essential for all contractually relevant correspondence between AtBeautyQ and the User.
2.4 The User account is strictly personal. The Users is not entitled without the express consent of AtBeautyQ to transfer the profile to a third party. Neither is the User entitled without the express consent of AtBeautyQ to enable third parties to access his/her user account using his/her login details.
2.5 AtBeautyQ offers registered Users the technical possibility of buy Assets via the Marketplace. AtBeautyQ itself does not offer any Asset for sale on the Marketplace.
2.6 You agree that AtBeautyQ may modify, temporarily suspend, permanently discontinue or replace the Services (the "Services") for reasons related to the operation of its business.
2.7 The User accepts that AtBeautyQ chooses, at its own discretion, to provide the Services directly or through or using the collaboration of third parties, as well as through Internet sites or search engines or portals operated by third parties. To this end, the User hereby authorizes AtBeautyQ to disclose the information and data, including personal data, relating to him/her, as well as sales advertisements, images, and other material provided by the User and made accessible on the Marketplace (collectively, the "Content") by reason of the Services rendered to the User through such third parties.
2.8 AtBeautyQ reserves the right to display advertisements and content of any kind and other promotional material on all pages of the Marketplace, including the pages of the Marketplace that contain User Assets descriptions.
2.9 The User shall be liable for any damage suffered by AtBeautyQ as a result of the intentional or negligent conduct of the User that has allowed third parties to gain knowledge of his credentials. The User shall immediately notify AtBeautyQ by means of the contact form in the "Contact Us" section of the Marketplace of the theft of his/her access credentials or of their use by third parties. In the event that the User has forgotten his/her access credentials, he/she may request a personal code and/or a new password (through the "forgotten password" function) which will be sent to the email address indicated by the User during registration.
2.10 AtBeautyQ is not and shall not under any circumstances be considered as a mediator, intermediary or party to the negotiation and eventual contract concluded between the Sellers and the Buyers for Assets offered for sale by the User on the Marketplace.
3. USER CONTENT REQUIREMENTS AND MANAGEMENT
3.1 By transmitting Content to AtBeautyQ by reason of your request to provide the Services, you grant to AtBeautyQ (including its parent, subsidiary or associated companies), in perpetuity and for all countries in the world, the following non-exclusive and transferable rights:
the right to store the Content and to use it in the Database, in any way, in particular to store it in digital format, to insert it in the Database and to record it on any currently existing or future MEDIA for recording and on any other storage,
the right to copy and publish the Contents: the right to record them, copy them, make them accessible to third parties or publish them, even partially, on the Marketplace and through any other electronic support or means of communication (such as, by way of example, the Internet, newspapers and periodicals in general),
the right to modify the Content, in particular to abbreviate, supplement and link it with any other content that complies with the requirements set out in Articles 8.3 and 8.4 of these Conditions, always in compliance with the purposes of the contract concluded by the parties.
3.2 Data and Content transmitted to AtBeautyQ and/or published on the Marketplace shall be up to date, true in form and substance, reliable and in accordance with the following.
3.3 The price of the Asset indicated in the advertisement shall be the final price offered to the public, inclusive of VAT, not linked to the purchase of financing, trade-in or scrapping. Transfer of ownership and other taxes are excluded.
3.4 The User's advertisement published through the Marketplace shall indicate truthfully and reliably all the information requested by AtBeautyQ. Any defect or vice of the Asset, regardless of whether it appreciably diminishes its usefulness or value, must be indicated truthfully and reliably.
3.5 It shall not be permitted to publish advertisements in the name of and on behalf of third parties, third-party data or third-party assets without the AtBeautyQ's prior written consent. Furthermore, it shall not be permitted to indicate personal data of third parties (such as, by way of example, telephone numbers and addresses) without their prior consent.
3.6 The User may only publish on the Marketplace those images, intellectual or industrial property goods, logos, signs and other distinctive signs of the company that the User is authorised to use and that do not infringe any industrial or intellectual property rights or distinctive sign rights of third parties. Furthermore, the images may not have a misleading content and must reproduce as reliably as possible the state of the asset at the time of the offer on the Marketplace. In the event that the User publishes images taken from a catalogue of Assets, a magazine or a Marketplace, the User must clearly state this fact.
3.7 The User grants to AtBeautyQ the right to sub-license to third parties any rights acquired under Art. 3.1 above and to assign the Content, including the obligations and rights attached to such Content, to third parties.
3.8 The User acknowledges and accepts that potential purchaser and persons interested in the User's advertisements who have Internet access may view, take and download, free of charge, the User's Content published on the Marketplace.
3.9 Any use by AtBeautyQ of the User's personal data forming part of the Content shall be in compliance with the Privacy Regulation, as provided in the Privacy Policy.
3.10 The Content shall be protected in accordance with the rules on industrial and intellectual property rights, where applicable - for example, texts, advertisements, registered and de facto trademarks, company names, logos, etc. - in accordance with the provisions of the Privacy Policy.
3.11 Upon expiry of the online advertisement or in the event of its early deletion by AtBeautyQ, the latter shall have no obligation to store and maintain the advertisement and Content provided by the Seller.
4. USER'S LIABILITY - LIMITATION OF LIABILITY OF ATBEAUTYQ - INDEMNIFICATION
4.1 AtBeautyQ is a provider of a service for the transmission and temporary storage of data and, as such, does not act as a mediator or as a representative of the User or, in any case, on behalf of the User or other persons using the Marketplace. AtBeautyQ is not under an obligation to monitor the information transmitted or stored (including the Content), nor is it under an obligation to actively seek facts or circumstances indicating the presence of unlawful activity on the Marketplace and/or off the Marketplace.
4.2 The User, as the provider of the Content, shall be solely responsible for the Content and its lawfulness, completeness, accuracy, truthfulness and reliability. AtBeautyQ is therefore exonerated from any liability and/or damages, direct or indirect, suffered by the User in this regard, even if the Content has been made accessible, removed or obscured by AtBeautyQ.
4.3 The User shall indemnify and hold AtBeautyQ harmless from and against any loss or damage that AtBeautyQ may suffer as a result of the publication of User Content, the use of the Marketplace, the AtBeautyQ Database, and the Services, as well as from any infringement of the rights of third parties or as a result of the use of the Marketplace, the AtBeautyQ Database, and the Services. as well as a consequence of any infringement of third-party rights by the User.
4.4 AtBeautyQ is hereby released from any liability and/or damage, direct and indirect, suffered by the User as a result of any interruption of the Services and any other services occurred in accordance with the provisions of the Agreement and/or due to violations of the Agreement by the User. As for the images of the User's Assets visible on the Marketplace, AtBeautyQ shall not be held responsible for the quality of the reproductions of any discrepancies from the reality of the object of the image, including any discrepancies in the colour of the asset object of the ad.
4.5 Notwithstanding the foregoing, in the event of the loss of User Content by AtBeautyQ, AtBeautyQ shall, in consideration of the User's obligation to maintain the Content under these Terms and Conditions, only be liable for the restoration of the Content provided by the User after the incident.
4.6 AtBeautyQ's liability shall not be limited or excluded for wilful misconduct, gross negligence, death or personal injury resulting from an act or omission of AtBeautyQ or the act or omission of its agents or employees or for any other liability that cannot be limited or excluded by law and, in particular, by consumer protection laws.
5. USER'S RIGHTS AND OBBLIGATIONS - PERFORMANCE BY ATBEAUTYQ  
5.1 AtBeautyQ manages the Marketplace through which the User can consult third-party sales ads of Assets offered for sale (the “Sellers”) so that potential buyers can search for Assets on the Marketplace (the “Customers”).
5.2 Subject to the terms of this Agreement, when a Customer purchases an Asset he/she undertakes to comply with the following obligations and rules:
To read the entire sale advertisement before bidding or committing to purchase the Asset,
To enter into a legally binding contract to purchase the Asset following the offer is submitted through the Marketplace,
5.3 When a Seller purchases an Asset, he/she is prohibited:
To find an Asset on the Marketplace and completing the transaction outside the Marketplace,
To request a shipping service not offered by the Marketplace,
To request the use a payment method not offered in the payment procedure,
Requesting the Seller to hold the Asset to pay for it later,
Requesting a refund without returning the Asset,
Requesting additional items or services not included in the original listing or asking for a discount,
Declaring that an Asset has not been received, while the delivery documents show proof of delivery to the Customer's address,
Falsely stating that the Asset does not comply with the advertisement description.
5.4 The Users are aware that AtBeautyQ charges a transaction fee on all sales completed via AtBeautyQ and the Marketplace. A sale is considered completed via AtBeautyQ if the initial contact occurs via the Marketplace, the Customer becomes aware of the item via the Marketplace, or if use of the Marketplace has contributed to the completion of the sales contract.
5.5 If the Customer completes a purchase with a Seller via the Marketplace, the Customer must immediately report the sale to AtBeautyQ.
5.6 If the Customer violates this reporting requirement, he/she is liable to pay AtBeautyQ a transaction fee amounting to 40 % of the total purchase price.   
5.7 Additionally, Customer who engages in activities described in the rules specified in paragraph 5.2, 5.3, 5.4 and 5.5 it may face a number of measures, such warnings, revocation of the ability to request returns or refunds or open claims, and account suspension.
6. RETURNS – USERS PROTECTION - ATBEAUTYQ ESCROW ACCOUNT
6.1 Given the exclusive nature of luxury goods and properties traded on the Marketplace, such as, but not limited to, works of art, luxury cars, jewellery, watches and fashion accessories (bags, hats, gloves, ties), AtBeautyQ is unable to offer the User any return policy.
6.2 AtBeautyQ, in order to furtherly protect the Customer, offers a default payment process, by way of which AtBeautyQ holds all sums paid by the Customer to purchase the Asset and services through the Marketplace in a dedicated escrow account (the “Escrow”). These sums will be held by the Escrow until AtBeautyQ fulfils in its entirety the Customer purchase/s and/or until the expiration of the complaint term set by AtBeautyQ and corresponding to 3 (three) days starting from the delivery day.  Once the purchase of the Asset will be completed, the sums held by the Escrow will be transferred in the Seller bank account.
6.3 The aforesaid payment process, in paragraph 6.2, may be subject to different directions or requests provided directly by the Seller and indicated from time to time at the time in the Marketplace.
7. FEES AND TARIFFS
7.1 The fees charged by AtBeautyQ at will be indicated in the appropriate area of the Marketplace and the User shall pay to AtBeautyQ the price of the fees in effect on the date on which the User purchases the Asset or the Services. The price indicated on the Marketplace for the Assets and/or for the Services is inclusive of any taxes and duties.
7.2 The User is allowed to pay for the purchased Asset/s and/or for the Services via the following payment methods:
Wire transfer (through escrow account),
Other payment methods indicated from time to time at the time in the Marketplace.
7.2 In any case, the payment made by the Customer will be fully safe, as AtBeautyQ holds all sums paid by the Customer to purchase the Asset and Services in the dedicate Escrow until AtBeautyQ fulfils in its entirety the Customer purchase/s and/or until the expiration of the complaint term set by the AtBeautyQ in paragraph 6.2 above.
7.3. The User hereby authorizes AtBeautyQ to send her/his communications and invoices by email to the address provided to AtBeautyQ at the time of the conclusion of the Contract.
7.4 If the User fails to pay or delays in paying the amounts due to AtBeautyQ, interest shall accrue at the legal rate until payment is in full and without prejudice to compensation for any greater damage suffered by AtBeautyQ.
7.5 If the User's default continues for more than 30 (thirty) days from the deadline referred to in Art. 7.1, AtBeautyQ may suspend the provision of Services to the User until the payment of all amounts due, including interest on arrears accrued and, in the event that the failure to pay within the time limits established by the Agreement occurs for two or more times, even if not consecutive, AtBeautyQ may terminate the Agreement and permanently disable the User's access to the Marketplace.
8. DURATION, TERMINATION, TERMINATION OF THE CONTRACT
8.1 The Contract between AtBeautyQ and the User is concluded through the User's registration to the Marketplace and is intended to be concluded for an indefinite period of time.
8.2 Partially derogating from the provisions of Art. 8.1 above, some Services may be for a fixed term and shall have the duration from time to time provided by the conditions governing such services as indicated on the Marketplace.
8.3 In the event that the Contract relates exclusively to the Services, the User may terminate the contract at any time with notice of 30 (thirty) days by deactivating his account through the appropriate procedure indicated in the Marketplace, while AtBeautyQ may terminate with a notice of 30 (thirty) days. In the event that the Contract also covers other paid services:
if such services are of indefinite duration, either party may notify the other party of its desire to terminate the Contract and such termination shall take effect on the 30th (thirtieth) day calculated from the first day of the month following receipt of such notice, while
if such services are of a fixed term, either party may notify the other party of its desire to terminate the Agreement and such termination shall take effect in accordance with the terms and conditions governing such services as set out on the Marketplace from time to time.
The aforesaid notices of withdrawal shall be made by email, if by AtBeautyQ, to the email address indicated by the User at the time of registration on the Marketplace (as may be updated by the User), if by the User to the email address: customers@atbeautyq.com.
8.4 In addition to the other cases provided for in these Conditions, AtBeautyQ may terminate the Contract if the User:
violates the obligations imposed on him under Articles 4, 5, 8 and 10 of these Conditions,
breaches the payment obligations incumbent on him under Art. 7 and the failure to pay within the time limits specified in the Contract occurs two or more times, even if not consecutive, as provided for in Art. 7,
commits two or more violations of the provisions of Art. 7.1, as provided for in Art. 7.4.
8.5 From the effective date of termination or cancellation of the Contract, AtBeautyQ may:
block the User's access to the Marketplace and deactivate it,
disable any connection to the Marketplace, and
terminate the provision of Services to the User and any other services provided to the User.


9. WARRANTIES
9.1 AtBeautyQ guarantees the availability of the Site's database for at least 90 % (ninety percent) of the calendar year. By "availability" is meant the possibility that Content can be entered into the Database and accessed through the Marketplace by potential buyers Asset offered for sale by the User.
9.2 Excluded from the period of availability shall be system maintenance, interruptions necessary for the so-called "off-line back-up", within a reasonable period of time, as well as interruptions caused by situations of force majeure or other causes beyond the control of AtBeautyQ, such as, but not limited to, emergency measures taken to prevent the spread of viruses. AtBeautyQ will use reasonable efforts to notify the User in advance of any interruption of the Services.
9.3 AtBeautyQ does not guarantee in any way either a minimum number of accesses by potential buyers of the Assets offered for sale by the User on the Marketplace or the success of the User's offers posted on the Marketplace.
10. ASSIGNMENT, ESCAPE CLAUSE
10.1 You may not assign the Agreement and/or your rights and obligations under the Agreement to any third party without AtBeautyQ's prior written consent to do so by email.
10.2 AtBeautyQ may, at its sole discretion, assign the Agreement and/or its rights and obligations under the Agreement (i) to other AtBeautyQ group companies, without prior notice and provided that the Agreement is assigned on the same terms or on terms that are no less advantageous to the User; (ii) to third parties other than AtBeautyQ group companies by posting a notice on the Marketplace and/or notifying the User by e-mail, with a notice period of 30 (thirty) days. In this case the User may terminate the Contract within 30 (thirty) days of receipt of such notice from AtBeautyQ. In the absence of termination by the User within the time period indicated above, the assignment to a third party shall be considered accepted by the User.
10.3 Should any provision of these Conditions and/or the Contract be incomplete, invalid or ineffective, even in part, these Conditions and the Contract shall nevertheless be valid and effective as between the parties. The parties hereby undertake to replace the incomplete, invalid or ineffective clause with a new clause that is as consistent as possible with the real intention of the parties.
11. DISPUTE RESOLUTION AND JURISDICTION
11.1 In the event of a dispute between the User and AtBeautyQ, we advise the User to contact us via the contact form in the "Contact Us" section of the Marketplace to seek a resolution.
11.2 AtBeautyQ will consider reasonable requests to resolve the dispute through other procedures as an alternative to court proceedings.
11.3 Any dispute relating to the application or interpretation of these Conditions and/or relating to the contract between AtBeautyQ and the User shall be referred to the Courts of the place of residence or domicile of the User.
12. APPLICABLE LAW
12.1 This Contract shall be governed by, and interpreted in accordance with, the laws of the State of Connecticut.
13. CONTACT
13.1 If you have any questions about the Services, the Agreement and these Conditions, you may send an email to customers@atbeautyq.com.