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General Condition

The website is owned by Soc. Simplex Domus S.R.L. headquartered at
 VIALE MICHELANGIOLO 5 - FIRENZE - ITALY - ZIP 50125
 VAT No. 07131990488.

The terms and conditions below govern the use of the Site https://www.simplexdomus.it, the purchase and utilization of the services offered by Soc. Simplex Domus S.R.L. by users who wish to make use of them.

All users (intended as utilizers) may access the site, without prior registration, solely for the purpose of viewing properties currently subject to judicial sale procedures at a national level and real estate sales listings posted by private users (natural and legal persons), with the possibility of selecting the Municipality of interest or drawing the area of interest on the map. Only general information will be visible. To view the full listing, registration on the website is necessary, which is free of charge.

1) SERVICES: The services available by consulting the website, upon registration, are:

  • a “Auction Participation” Service at an initial cost of € 250.00 (two hundred fifty euros/00) plus VAT, which allows the user to view every listing in full on the website, including all technical attachments, and to have remote professional assistance service for participation in the judicial sale of the chosen property. Specifically, the service includes: 1) arranging, on behalf of the user, viewings of the property for which interest has been expressed; 2) analysis of the documentation, including technical documentation, relating to the selected property; 3) remote information regarding the ancillary costs that the user will have to bear for participation in the judicial sale and for the eventual award of the property; 4) remote assistance for the user's registration on the technical platform that allows telematic participation in the judicial sale of the property of interest; 5) remote assistance aimed at obtaining the certified email address (PEC) and digital signature by the user, where necessary, for participation in the telematic auction, subject to information on the 'out-of-pocket' costs (expenses) that must be borne for this purpose; 6) remote assistance for the preparation and submission of the telematic participation application for the (synchronous/asynchronous) sale of the property and the offer, with related attachments; 7) remote assistance for participation in the telematic auction and the submission of “raises” (bids) upon the express request of the user, who will also determine the relative maximum amount, assuming all responsibility; 8) in the case of a non-telematic judicial sale (with or without auction and, therefore, in person), remote assistance for the preparation of the necessary documentation for participation. The user, in this case, may decide to be assisted at the auction venue or issue a delegation (power of attorney) for participation to a professional, and in such case, the latter will provide the user with a written cost estimate for the in-person assistance, which will include travel, board, and lodging expenses, as well as a flat fee for the day(s) the professional will be engaged; 9) in case of a successful bid (award), remote assistance in all subsequent administrative and bureaucratic activities until the user gains full possession of the property. The user purchasing the “auction participation” service will receive three different consultations free of charge and without obligation; one regarding mortgage contracts from a financial consultant external to the Company, another from a professional expert in property renovations, and yet another from a real estate agent external to the Company.

By using the “auction participation” service, Simplex Domus does not offer any guarantee of securing the award of the property for which the user has expressed interest, and the costs related to stamp duty, PEC, digital signature, and any other expense necessary for participation in the judicial sale are excluded from the fee of € 250.00 (two hundred fifty euros/00), plus VAT. Should participation in the judicial sale have a negative outcome, reimbursement of the “Auction Participation” Service price, or of the costs incurred by the user for said participation, is not foreseen, but the same assistance service will nevertheless be guaranteed for participation in an indefinite number of other judicial sales relating to other properties, without time limits. In case of a successful bid (award), the user will be required to pay Soc. Simplex Domus srl an additional flat-rate fee of € 5,000.00 (five thousand euros/00) plus VAT and, for awards with a value exceeding € 500,000.00, also a further fee of 1%, plus VAT, on the total value of the awarded property. The fee, as determined above, must be paid within 7 (seven) days from the issuance of the invoice, which will be issued by Simplex Domus within 7 days of the award by Soc. Simplex Domus srl. In the event that the user participates in multiple judicial sales and becomes the successful bidder for multiple properties, they must pay the aforementioned fee for each awarded property. The fee as quantified above will be due to Simplex Domus srl even if the user only partially avails themselves of the “auction participation” service, i.e., if they choose to use only some of the services described in points n. 1 to n. 9 above and then participate autonomously, or through an intermediary, in the auction(s) and become the successful bidder for the property subject to the judicial sale, as it must be considered in this case too that the result achieved is a consequence of the assistance activity of Simplex Domus srl;

  • a “Sell House” Service in the free market, aimed at the sale of a property by the user. More precisely, the user intending to sell one or more properties they own (so-called listing user), after registering on the site and accepting these conditions, can insert their property sale listing(s) free of charge on the Simplex Domus website (Platform) with the assistance of a consultant, and such listing will remain visible on the site for a duration of 6 months. After this period, the listing will be suspended, and the listing user can reactivate it every 6 months (listing duration period) without incurring any cost and, therefore, free of charge. Soc. Simplex Domus srl will thus grant the user online space on its site for the publication of the listing and will carry out various advertising campaigns through other portal sites as well to increase its visibility and online dissemination. This service will not entail any cost for the listing user, even in the event of a sale of the advertised property to third parties. However, the listing user is obliged to communicate to Soc. Simplex Domus srl the names of the persons who express interest in the property advertised by them on the website.
  • a “Buy House” Service, aimed at the purchase of a property by the user (the so-called buyer user).Soc. Simplex Domus srl will make available to the user, upon their express request made via email, a specifically appointed professional who will assist them remotely in examining all documentation related to the chosen property (title deeds, mortgage searches, etc.), in verifying and managing any potential issues related to the property that could affect the purchase, and in preparing a specific irrevocable purchase offer. The user, for the assistance service received, will be required to pay a fee of € 5,000.00 (five thousand euros/00) plus VAT, only in the event of acceptance of the purchase offer for the chosen property by the seller. For properties with a value exceeding € 500,000.00, an additional fee of 1%, plus VAT, on the total value of the property is foreseen. Payment of the fee must occur within 7 (seven) days from the issuance of the relevant invoice. The fee as quantified above will be due to Simplex Domus srl even if the user only partially avails themselves of the assistance service, i.e., if they choose to use only some of the professional services described above and then submit a purchase offer autonomously, or through an intermediary;
  • a “Real Estate Investment assistance” Service, aimed at supporting and assisting users: 1) in the search for real estate investment opportunities; 2) in identifying the best economic-financial strategy to adopt in the specific case; 3) in the eventual restructuring of the purchased property and its subsequent resale. The related cost is € 5,000.00 plus VAT, payable in advance (and, therefore, before the service provision) within 7 days from the issuance of the invoice by Simplex Domus srl. Furthermore, the payment of 10% of the net real estate capital gain for each economic capital gain produced by operations supported by the Simple Domus Team is foreseen. The user who purchases this service and who, by their choice, then decides not to avail themselves of it, in whole or in part, will not be entitled to obtain even a partial refund of the paid fee.

2) OBJECT OF THE CONTRACT: These conditions, as supplemented by the provisions of the Privacy Policy, regulate the methods of purchase, provision, and use by the user of the services. The services offered by Simplex Domus srl are accessible online and are distinguished according to the specific service purchased. By registering on the website and potentially purchasing services, the user declares to have read and accepted these General Conditions without reservation.

3) OWNERSHIP RIGHTS: Simplex Domus is the legitimate owner of the website and the pages it comprises, the software, logos, trademarks, and trade names present therein, which therefore may not be imitated, copied, reproduced, modified, and/or decoded, nor exploited for commercial, competitive, or illicit activities. Regarding the materials and data entered by the listing user, the latter grants Simplex Domus the right to disseminate the content of the listings in whole or in part to carry out advertising campaigns, promotional activities through other portal sites as well, authorizing it to carry out distribution, reproduction, and public communication activities of the materials/files/data included in the listing.

4) PROHIBITED USE: The user may not reproduce, modify, decode, decrypt, copy, send, distribute, exploit, or disclose or transfer to third parties the materials/documents/files/data, including those of listing users present on the site, and may not use the site and any of its components for commercial or competitive activities, for illegal purposes or purposes prohibited by these General Conditions, either directly or indirectly, undertaking to make appropriate use of the services and/or contents of the site and not to violate the rights of third parties, including intellectual property and privacy. The use of the Services is limited exclusively to adults (persons of legal age).

5) ACCOUNT REGISTRATION AND USAGE: To purchase and use the Services, including through the reserved area, user registration is required with the release of some personal information. For this purpose, the policies for collecting and using the user's personal data are indicated in the relevant Privacy Policy. For registration purposes, the user must: - be at least eighteen (18) years old and have full legal capacity to act; - provide truthful and complete contact and billing information, updating it promptly in case of changes; - (only for legal persons) declare and guarantee that the individual making the purchase has the power to accept these Conditions and act in the name and on behalf of the legal person. The user acknowledges and accepts being solely responsible for the information provided and undertakes to keep it updated. The access credentials provided to the user will be strictly personal and must not be communicated to third parties in any way. In this regard, the user is required to: - store the access credentials in a secure place; - not transfer the account to third parties, nor share the access credentials with third parties; - promptly notify Simplex Domus in case of theft/loss of access credentials or in case of suspected or unauthorized use of their Account. The user is responsible for all activities associated with the Account. By accepting these General Conditions, the user declares and guarantees, thereby obliging themselves, not to operate as a real estate agent, nor on behalf of other mediators (whether as an employee and/or collaborator) and that therefore the contents of the platform and any other information, declaration, data and/or tool provided will not be used by the same user for the purpose of providing real estate brokerage services to third parties, through any means, neither personally nor through an interposed natural or legal person. Simplex Domus shall have the right, at its sole discretion, not to accept the user's registration or to suspend or close, even definitively and without notice, the account if: - any information from the user proves to be wholly or partially false, untrue, incomplete, or inaccurate; - a violation by the user of third-party intellectual property rights, other regulatory provisions, these conditions, or a just cause for contract termination occurs.

The user acknowledges and accepts that in case of account blockage, their account and its contents may no longer be available and recoverable. In such cases, Simplex Domus will not be required to refund the fees for purchases previously made by the user. Once registration is finalized, Simplex Domus will send a registration confirmation to the email address indicated by the user, containing: - a summary of the general and specific conditions applicable to the Contract; - essential information regarding the requested service; - information regarding customer service contacts whom the user can contact to request assistance and/or file complaints; - the privacy policy information.

6) OBLIGATIONS AND WARRANTIES OF THE BUYER USER: The acquiring user declares and guarantees to Simplex Domus and the listing user that: - the transaction concluded with the listing user, even through an eventual agent, does not constitute nor will constitute any illicit conduct, including fiscal; - the funds used for the purchase of a property are not linked to proceeds from criminal activities; - they have full capacity to act.

7) OBLIGATIONS OF THE ADVERTISER USER: The images, texts, and information provided by the listing user to Simplex Domus shall be the exclusive responsibility of the listing user. In relation to the photographic material necessary to accompany the description of the property, the listing user is required to provide exclusively images free of logos, texts, names, and/or phone numbers superimposed on them. The listing user grants Simplex Domus the right to use the images, texts, and information provided without territorial limitations and through all means of communication that Simplex Domus may wish to resort to at its sole discretion, in order to allow the user the fruition of the Services, including the right of reproduction, distribution, exhibition, public display (including the right to make available online), to modify and combine the contents (or part of them) with other content and communication materials. These rights will continue to exist even after the termination of the Contract, in compliance with the legal obligations related to data retention and, in any case, within the limits where this is necessary for the fulfillment of legal obligations. The listing user guarantees to be the owner of the content inserted by them and that the use of the same, even by Simplex Domus, does not violate applicable laws regarding intellectual property, nor the rights of third parties. In using the site, the listing user undertakes and guarantees to respect the laws in force, committing: - not to disclose any information that is illegitimate, illicit, defamatory, pornographic or obscene or, in any case, inappropriate or contrary to public order and good morals; - to respect the laws in force, including in matters of intellectual property; - not to use the platform and services of Simplex Domus to send spam or other illegal advertising.

Simplex Domus will not guarantee that the information related to the Property provided by the listing user is truthful and correct. By accepting these Conditions, the listing user indemnifies Simplex Domus from any liability that may arise from the information provided by them at the time of inserting a Listing.

8) SERVICE PURCHASE PROCEDURE: The user must follow the purchase procedure prepared on the Website or, in any case, described in these general conditions. In particular, the user must: - carefully read the information regarding the Service available on the Product Page; - accept, in point and click mode, these Conditions and the Privacy Policy of Simplex Domus; - confirm the purchase of the Service via email where requested (Buy House Service) - pay the due fee, where applicable, through the appropriate payment window. In accordance with sector regulations on electronic commerce (Legislative Decree no. 70/2003), the Contract is considered concluded when the acceptance of the Conditions and the Privacy Policy, with relative payment where applicable and/or the e-mail containing the confirmation of the service purchase by the user are received by the Simplex Domus server. Once the acceptance and payment, where applicable, are received and registered, Simplex Domus will send an order confirmation to the email address indicated by the user, containing: - essential information related to the purchased service; - information related to customer service contacts whom the user can contact to request assistance and/or file complaints. The order confirmation email constitutes confirmation of the concluded Contract on a durable medium pursuant to the Consumer Code (Art. 51.7). The User acknowledges and recognizes that, once such e-mail has been received, Simplex Domus has fulfilled its documentation obligations and that, therefore, the parties are bound by the Contract. Once the purchase is made, Simplex Domus will, based on the purchased Service, make the services included in the purchased Service accessible in the user's Reserved Area and/or provide the methods for using them. For the “Auction Participation”, “Buy House”, and “Real Estate Investment Assistance” Services, the user, by accepting these conditions, allows Simplex Domus srl to begin the provision of the requested service immediately and, therefore, even during the withdrawal period granted by law to the consumer, thereby expressly acknowledging that the user loses said right of withdrawal.

9) PRICES AND PAYMENT METHODS: The sale price of the Services is indicated on the Product Page and is paid by the user at the time of the relative purchase through the Platform or subsequently for the “Buy House” Service, without prejudice to the higher fee due for the “Auction Participation” service concluded with the award. The invoice or receipt certifying the payment will be sent via e-mail to the email address provided by the user during registration. Additional costs may be applied to the invoice based on the reference regulations for the user's foreign country of residence and the legal and regulatory provisions in force therein. Simplex Domus may offer, for a pre-established period, promotions and offers for the services marketed on the Platform which may only be available to new users.

10) WITHDRAWAL: The consumer has the right to withdraw from the Contract for any reason and without needing to provide explanations within 14 days from the date of purchase of the Service, subject to verification of the existence of the requirements for the Right of Withdrawal.

The right of withdrawal is excluded:

1) For all services offered by Simplex Domus if execution has already begun, in accordance with Art. 59, paragraph 1, letter O);

11) AD MANAGEMENT: For advertiser users, the website allows the creation of a single ad for each property they intend to sell.

12) CONTINUITY OF SERVICES: Simplex Domus guarantees the User the continuity of the services provided through the Platform, while reserving the right to suspend or interrupt their provision, without any liability, in case of: - technical requirements (e.g., breakdowns, maintenance, replacement of equipment, ordinary and extraordinary interventions, system implementations, interference, and disconnections); - causes not attributable to Simplex Domus; - third-party actions and, in general, any impediment or obstacle that cannot be overcome with ordinary diligence by Simplex Domus; - force majeure events as identified by jurisprudence and best international industry practices.

Simplex Domus will notify the User, through the reserved area, e-mail, or other suitable communication tools, of the occurrence of any of the events described above.

13) DISCLAIMERS AND INDEMNIFICATION: By adhering to the “Auction Participation”, “Buy House”, and “Real Estate Investment Assistance” Services, the user will make their own decisions, including those of an economic nature, in complete autonomy and freedom, assuming the consequent risks and responsibilities. In this regard, Simplex Domus will assume no responsibility regarding the choices made by the user. For the “Auction Participation” Service, the initial cost of € 250.00 plus VAT will not be refundable in case of failure to win the property auction. For all services provided by Simplex Domus, the user assumes full responsibility for every action and decision they undertake, expressly indemnifying Simplex Domus from claims regarding any losses, damages, and/or prejudices that the user might suffer as a result of their real estate operations. The user also assumes all responsibility for the correctness of the data provided and the choices they will actually make.

14) EXCLUSIONS AND LIMITATIONS OF LIABILITY: In no case shall Simplex Domus be liable for any economic loss or any type of damage deriving from, or directly or indirectly related to: - information provided by listing users; - any content published, transmitted, exchanged, or received by or on behalf of any user; - loss of business or sales.

15) ASSIGNMENT OF THE CONTRACT: Simplex Domus has the right to assign the Contract to third parties, whether natural or legal persons, at any time, informing the user by sending a communication via electronic mail.

16) PROCESSING OF PERSONAL DATA: The user's personal data will be processed by Simplex Domus in accordance with the provisions of the GDPR. More information on the processing of the User's Personal Data can be found within the Simplex Domus Privacy Policy available at the following link.

17) TERMINATION: Simplex Domus shall have the right to terminate the contract pursuant to Art. 1456 of the Italian Civil Code and, consequently, close (even permanently) the user's account, in all cases of violation by the latter of Simplex Domus' property rights, the methodologies for using the site and the account provided for in these conditions, the obligations incumbent upon the listing user and the acquiring user, and the procedure for purchasing services on the Platform. In any case, upon termination of the contract, Simplex Domus shall have the right to retain the amounts already received for any reason from the user, without prejudice to the Company's right to compensation for any greater damage.

18) COMMUNICATIONS: For exercising the rights under these Conditions, for all legal fulfillments, as well as for all matters relating to technical assistance on the use of the Platform, the user can directly use specific functionalities present within the Platform or contact Simplex Domus at the following e-mail address: info@Simplexdomus.it

Simplex Domus sends all communications due under these Conditions to the user through the system integrated into the Account or to the email address provided during registration on the platform.

19) MODIFICATION OF THE CONDITIONS: implex Domus reserves the right, at any time, to modify these Conditions, giving communication to the user and/or customer, who remains free to withdraw from the relationship within 14 days. The conditions and characteristics of the Services, updated with the latest modifications, are always available on the Platform.

20) INTERPRETATION: The contract, as regulated by these conditions, represents the sole binding agreement between the parties regarding the subject matter and fully supersedes any other prior agreement, written, oral, or tacit, between the parties concerning the same subject matter.

21) GOVERNING LAW, JURISDICTION, AND ALTERNATIVE DISPUTE RESOLUTION: The Contract is subject to Italian law. Pursuant to Art. 141-sexies, paragraph 3, of the Consumer Code, Simplex Domus informs the Consumer that, in the event they have submitted a complaint following which, however, it has not been possible to resolve the dispute that arose, Simplex Domus will provide information regarding the alternative dispute resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded based on these Conditions (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether it intends to use such bodies to resolve the dispute itself. Simplex Domus also informs the Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is accessible at the following address http://ec.europa.eu/consumers/odr/. Through the ODR platform, the Consumer can consult the list of ADR bodies, find the link to the website of each of them, and initiate an online procedure for resolving the dispute in which they are involved. In any case, the rights of Consumers to bring the dispute arising from these Conditions or the Contract before the competent ordinary court, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the prerequisites exist, to promote an out-of-court resolution of disputes relating to consumer relations through recourse to the procedures set forth in Part V, Title II-bis of the Consumer Code, are reserved.

 

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares to expressly approve, after careful reading, the following clauses: Art. 1 (Services), Art. 5 (Registration and Account Use), Art. 6 (Obligations and Guarantees of the acquiring user), Art. 7 (Obligations of the selling user), Art. 8 (Service Purchase Procedure), Art. 10 (Withdrawal), Art. 12 (Service Continuity), Art. 13 (Warnings and Indemnity/Disclaimer), Art. 14 (Exclusion and Limitation of Liability), Art. 21 (Applicable Law, Competent Court, and Alternative Dispute Resolution).