General Condition
The website is owned by Soc. Simplex Domus S.R.L. with headquarters in
VIALE MICHELANGIOLO 5 - FLORENCE - ITALY - ZIP CODE 50125
VAT No. 07131990488.
The following terms and conditions govern your use of the Site https://www.simplexdomus.it, the purchase and use of the services offered by Soc. Simplex Domus srl by users who intend to avail themselves of them.
All users (defined as "users") may access the site, without prior registration, for the sole purpose of viewing properties currently undergoing judicial foreclosure proceedings nationwide. They can select the municipality of interest or draw the relevant area on the map. Only general information will be visible. To view the entire listing, including all attachments, including technical information, relating to properties undergoing judicial foreclosure proceedings, registration on the website is required. Registration is free and will allow users to take advantage of the real estate consulting service described below, also free of charge.
1) SERVICE: The services available through the website, after registration, are:
- the “Real Estate Consulting” Service This service is free and allows the user to receive three different telephone consultations from professionals specifically appointed by Simplex Domus srl. Specifically, by registering on the site and accepting these terms and conditions, the user will receive: 1) free consultation regarding real estate purchases; 2) consultation regarding access to credit; 3) consultation regarding purchases at judicial sales. For these consultations, the user will not have to pay any fee/compensation/indemnity to the appointed professional and/or Simplex Domus srl.
- The “Auction Participation” Service For an initial fee of €250.00 (two hundred and fifty euros) plus VAT, this service allows the user to view each listing on the website in its entirety, including all attachments, including technical ones, and to receive professional remote assistance in participating in the judicial sale of the selected property. Specifically, the service includes: 1) analysis of the documentation, including technical documentation, relating to the selected property; 2) scheduling viewings of the property in which the user has expressed interest on their behalf; 3) remote information regarding the additional costs the user will incur for participating in the judicial sale and for the potential awarding of the property; 4) remote assistance in registering the user on the technical platform that allows for online participation in the judicial sale of the property of interest; 5) remote assistance aimed at enabling the user to obtain a certified email address and digital signature, where applicable, for participation in the online auction, subject to disclosure of the "out-of-pocket" costs (expenses) to be incurred; 6) remote assistance for the preparation and submission of the application to participate online in the sale (synchronous/asynchronous) of the property and the offer, including related attachments; 7) remote assistance for participation in the online auction and the submission of "bidders" at the express request of the user, who will also determine the maximum amount thereof, assuming full responsibility; 8) in the case of a non-electronic judicial sale (with or without auction and, therefore, in person), remote assistance for the preparation of the documentation required for participation. In this case, the user may choose to be assisted at the auction or to grant a proxy (power of attorney) to participate in the auction. In this case, the professional will provide the user with a written estimate for in-person assistance, which will include travel, food, and lodging expenses, as well as a flat rate for the day(s) the professional will be assigned. 9) In the event of an award, remote assistance will be provided for all subsequent administrative and bureaucratic procedures, until the user has full possession of the property. Using the "auction participation" service does not guarantee that the property in which the user has expressed interest will be awarded, and the fee of €250.00 (two hundred and fifty euros), plus VAT, does not include stamp duty, certified email, digital signature, and any other costs necessary for participation in the auction. If participation in the judicial sale is unsuccessful, the price of the "Auction Participation" Service will not be refunded, nor will the costs incurred by the user for said participation. However, the same assistance service will be guaranteed for participation in an indefinite number of other judicial sales relating to other properties, without time limits. In the event of an award, the user will be required to pay Simplex Domus srl an additional flat-rate fee of €5,000.00 (five thousand euros/00) plus VAT. and, with regard to awards with a value exceeding €500,000.00, also an additional fee of 1%, plus VAT, on the total value of the property awarded. The fee, as determined above, must be paid within 7 (seven) days of Simplex Domus srl issuing the invoice, which will be issued within 5 days of the property being awarded. If the user participates in multiple auctions and is awarded multiple properties, they will be required to pay the above fee for each property awarded. The fee as quantified above will be owed to Simplex Domus srl even if the user only partially avails of the "auction participation" service, that is, if they choose to use only some of the services covered by the "Auction Participation" service as described above in points 1 to 9 and then participates independently, or through a third party, in the auction(es) and is awarded the property being auctioned. In this case, too, it will be assumed that the result achieved is a consequence of the assistance provided by Simplex Domus srl. The fee as quantified above will also be owed to Simplex Domus srl even if the award is subsequently revoked and/or cancelled and/or declared ineffective due to the user's actions or fault (e.g. failure to deposit the price within the deadline established in the sales order).
2) SUBJECT OF THE CONTRACT: These Terms and Conditions, as supplemented by the provisions of the Privacy Policy, govern the user's methods of purchasing, provision, and use of the services. The services offered by Simplex Domus srl are accessible online. By registering on the website and purchasing the Auction Participation service, the user declares that they have read and accepted these General Terms and Conditions without reservation.
3) PROPERTY RIGHTS: Simplex Domus is the legitimate owner of the website and its pages, as well as the software, logos, trademarks, and trade names contained therein. Therefore, they may not be imitated, copied, reproduced, modified, or decoded, nor exploited for commercial, competitive, or illegal purposes.
4) PROHIBITED USE: You may not reproduce, modify, reverse engineer, decrypt, copy, transmit, distribute, exploit, disclose, or transfer to third parties any materials/documents/files/data on the site, and you may not use the site or any of its components for commercial or competitive purposes, for any illegal purpose, or for any purpose prohibited by these Terms and Conditions, either directly or indirectly. You agree to make appropriate use of the site's services and/or content and not to violate the rights of third parties, including intellectual property rights and privacy rights. Use of the Services is restricted to adults only.
5) ACCOUNT REGISTRATION AND USE: In order to purchase and use the Services, including through the reserved area, user registration is required by providing certain personal information. To this end, the policies for the collection and use of the user's personal data are indicated in the relevant Privacy Policy. To register, the user must: - be at least eighteen (18) years of age and have full legal capacity; - provide truthful and complete contact and billing information, updating it promptly in the event of changes; - (for legal entities only) represent and guarantee that the person making the purchase has the authority to accept these Conditions and to act in the name and on behalf of the legal entity. The user acknowledges and agrees that he or she is 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 disclosed to third parties in any way. In this regard, the user is required to: - keep the access credentials in a safe place; - not transfer your account to third parties or share your login credentials with third parties; - promptly notify Simplex Domus in the event of theft/loss of your login credentials or in the event of suspicious or unauthorized use of your Account. You are responsible for all activities associated with your Account. By accepting these Terms and Conditions, you represent and warrant that you are not acting as a real estate agent or on behalf of other brokers (as an employee and/or collaborator). Therefore, you will not use the platform's content and any other information, declarations, data, and/or tools provided to provide real estate brokerage services to third parties, through any means, either personally or through a third party, whether natural or legal. Simplex Domus shall have the right, at its sole discretion, to refuse to accept your registration or to suspend or terminate your account, even permanently and without notice, if: - any user information proves to be false, untrue, incomplete, or inaccurate in whole or in part; - the user violates the intellectual property rights of third parties, other legal provisions, these terms, or there is just cause for termination of the contract.
The user acknowledges and accepts that in the event of blocking, the account and its contents may no longer be available and recoverable. In such cases, Simplex Domus will not be required to refund the price for previous purchases made by the user. Once registration is complete, Simplex Domus will send a registration confirmation to the email address provided by the user. The confirmation will contain: - a summary of the general and specific terms and conditions applicable to the Agreement; - customer service contact information for assistance and/or complaints; - the privacy policy.
6) SERVICE PURCHASE PROCEDURE: The user must follow the purchase procedure set out on the Website or, in any case, described in these general conditions. In particular, the user must: - carefully read the information relating to the Service available on the Product Page; - accept, inpoint and click, these Terms and the Simplex Domus Privacy Policy; - confirm the purchase of the Service by email where requested; - pay the due amount, where applicable, through the appropriate payment window. In accordance with industry regulations on e-commerce (Legislative Decree No. 70/2003), the Contract is considered concluded when the user's acceptance of the Terms and the Privacy Policy, with related payment where applicable, and/or the email containing confirmation of purchase of the service, reach the Simplex Domus server. Once acceptance and payment, where applicable, have been received and recorded, Simplex Domus will send an order confirmation to the email address provided by the user. The confirmation will contain: - essential information about the services offered; - customer service contact information to which the user can refer for assistance and/or complaints. The order confirmation email constitutes confirmation of the Contract concluded on a durable medium pursuant to the Consumer Code (Article 51.7). The User acknowledges and recognizes that, upon receipt of this email, Simplex Domus has fulfilled its documentation obligations and that, therefore, the parties are bound by the Contract. For the Service By accepting these conditions, the user authorizes Simplex Domus srl to begin the service immediately and, therefore, also during the withdrawal period granted by law to the consumer, thereby expressly acknowledging that the user will lose said right of withdrawal.
7) PRICES AND PAYMENT METHODS: The cost of the Auction Participation Service is indicated on the Product Page and is paid by the user upon purchase through the Platform, subject to any additional fees due if the selected property is awarded. The invoice or receipt confirming payment will be sent via email to the email address provided by the user during registration. Any additional costs may apply to the invoice based on the applicable laws and regulations in the user's country of residence. Simplex Domus may offer, for a predetermined period of time, promotions and offers for the services marketed on the Platform that may only be available to new users.
8) WITHDRAWAL: The user has the right to withdraw within 14 days of registering on the site. In the event of purchasing the Auction Participation Service, the right of withdrawal is excluded upon the user's express consent to begin the service immediately by accepting these general conditions, acknowledging that they will thereby lose the right to exercise said right.
9) CONTINUITY OF SERVICES: Simplex Domus guarantees the User the continuity of the services provided through the Platform, reserving however the right to suspend or interrupt the provision thereof, without any liability, in the event of: - technical needs (e.g., breakdowns, maintenance, equipment replacements, 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; - causes of force majeure as identified by case law and international best practices in the sector.
Simplex Domus will notify the User, through the reserved area, email or other suitable communication tools, of the occurrence of one of the events described above.
10) WARNINGS AND INDEMNIFICATION: By participating in the Auction Participation Service, the user will make their own decisions, including financial ones, in complete autonomy and freedom, assuming all resulting risks and responsibilities. In this regard, Simplex Domus assumes no responsibility for the choices made by the user. For the Auction Participation Service, the initial fee of €250.00 plus VAT will not be refunded if the property is not awarded. 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 prejudice that the user may suffer as a result of their real estate transactions resulting from the purchase of the Auction Participation Service. The user also assumes all responsibility for the accuracy of the data provided and the choices they ultimately make.
11) EXCLUSIONS AND LIMITATIONS OF LIABILITY: Under no circumstances will Simplex Domus be liable for any financial loss or damage of any kind arising from, or directly or indirectly related to: - information provided by advertisers; - any content posted, transmitted, exchanged, or received by or on behalf of any user; - loss of business or sales.
12) ASSIGNMENT OF CONTRACT: Simplex Domus has the right to assign the Contract to third parties, whether natural or legal, at any time, by informing the user by sending a communication via email.
13) PROCESSING OF PERSONAL DATA: The user's personal data will be processed by Simplex Domus in accordance with the provisions of the GDPR. Further information on the processing of the user's personal data can be found in the Simplex Domus Privacy Policy referred to in this document link.
14) RESOLUTION: 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 user of Simplex Domus's property rights, the methods of using the site and the account set forth in these terms, 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 any amounts already received from the user for any reason, without prejudice to the Company's right to compensation for any further damages.
15) COMMUNICATIONS: To exercise the rights set forth in these Terms and Conditions, for all legal obligations, as well as for all matters relating to technical assistance regarding the use of the Platform, the user may directly use certain features within the Platform or contact Simplex Domus at the following email address: info@Simplexdomus.it
Simplex Domus will send you all communications required under these Terms and Conditions through the system integrated into your Account or to the email address you entered during registration on the platform.
16) MODIFICATION OF CONDITIONS: Simplex Domus reserves the right to modify these Terms and Conditions at any time, except for financial changes, by giving the user 30 (thirty) days' notice of such modification. The user is free to withdraw from the agreement within 14 days. The terms and conditions of the Services, updated with the latest changes, are always available on the Platform.
17) INTERPRETATION: The contract, as regulated by these conditions, represents the only agreement in force between the parties with respect to all the subject matter and automatically replaces any other previous agreement, written, oral or tacit, between the parties with respect to the same subject matter.
18) APPLICABLE LAW, JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION: The Contract is subject to Italian law. Pursuant to Article 141-sexies, paragraph 3, of the Consumer Code, Simplex Domus informs the Consumer that, in the event that the Consumer has submitted a complaint following which, however, it has not been possible to resolve the dispute, Simplex Domus will provide him/her with information regarding the body or bodies for the alternative and extrajudicial resolution of disputes relating to obligations arising from a contract concluded under these Conditions (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not he/she intends to avail himself/herself of such bodies to resolve the dispute. 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 will be able to consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure for the dispute in which they are involved. In any case, the Consumers retain the right to appeal to the competent ordinary court for the dispute arising from these Conditions or the Contract, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, of initiating an out-of-court resolution of disputes relating to consumer relationships through the procedures set out in Part V, Title II-bis of the Consumer Code.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares that he or she expressly approves, after careful reading, the following clauses: Article 1 (Services), Article 5 (Registration and Use of Account), Article 6 (Service Purchase Procedure), Article 8 (Withdrawal), Article 9 (Continuity of Services), Article 10 (Warnings and Indemnity), Article 11 (Exclusion and Limitation of Liability), Article 18 (Applicable Law, Jurisdiction and Alternative Dispute Resolution).