ASAP MARKETS LEGAL TERMS AND CONDITIONS


www.asapmarkets.com

  • 1. The Company

    As Under and for the effects of the clause 7 of the OIC No. 70 of 09 April 2003 (Codice del Commercio), the Asapmarkets Portal, available at www.asapmarkets.com, is run by Asapmarkets Europe s.r.l., based in Bologna (I) – Via Amendola 17 – VAT Number 03100861206 – Registered to CCIAA in Bologna with the number REA BO-491888 .
    ASAPMARKETS Europe s.r.l. acts as licensee of ASAP Online PSN – 77 Oxford Street – London W1D 2ES, registrant of the domain “asapmarkets.com” for all the e-commerce operations in EU. Asapmarkets Europe s.r.l. is a provider of services for the electronic commerce and it makes a platform available to Users, giving under use permission the necessary software for its utilization. Users can do product or service sales through the acquisition of the purchase right at reduced price. The registered Users have at their disposal the software for the management of their commercial net too, under use permission.

 

SECTION 1: FUNCTIONING

 

  • 1.1. Registration

    All the User who want to register in the portal have to be of age. Asapmarkets Europe s.r.l. employees and their relatives are not allowed to enrol.
    Each User creates a “Username”, which will become his/her one and only identification of the User in the portal, and a “Password” will be associated to it. If the User is already registered in the portal, “Username” and “Password” will allow him/her to access and manage his/her own account.
    The User is the only responsible one for the privacy protection of his/her own “Username” and “Password”.
    Asapmarkets Europe s.r.l. denies liability for any obligation or duty relative to the use or improper use of “Username” and/or “Password” of the User.
    The User will provide truthful information when registering.
    The User name must not be vulgar, offensive, outrageous or deceiveng for the other Users.
    Asapmarkets Europe s.r.l. has the right to modify, limit or close the accounts which do not conform the rules above.

 

  • 1.2. Participation

    The User will not collaborate with other Users in information exchanges which may distort or falsify the progress of the sale. The User declares to be aware that this action is generally considered illegal by the court systems of many Countries.
    Products and services published are aimed at private Users and not at retailers or companies of any kind. Asapmarkets Europe s.r.l. has the right to establish rules regarding maximum numbers and values of the products the User can buy in a certain period of time and/or the right to destine some products to certain User ranges.
    Asapmarkets Europe s.r.l. denies liability towards Users in case of abuses in the registration system done by other Users, that Asapmarkets Europe s.r.l. holds the right to prosecute. For “abuse” is also intended the use of software “javascript injection” or “SQL injection” that allow the user to automatically send Bids to the system without allowing other Users to make Bids.  This kind of abuse is juridically punishable being it a clear felony, so Asapmarkets Europe will immediately give due course to all jurisdictional ways in order to prosecute the abuser, after the immediate closure of the abuser’s account.

 

  • 1.3. Bids

    Once the User is registered, he/she is allowed to buy the “Bids”, by clicking on “Buy Bids” and choosing the package he/she prefers.
    In the moment in which the User purchases “Bids”, his/her status is defined as “Cliente” (= “Customer”).
    The usual four chances to use “Bids” are:

    • a immediate purchase at full price;
    • b) acquisition of the purchase right at lower price;
    • c) purchase at full price following the failed purchase at low price;;
    • d) purchase at lower cost having tendered the best offer.
    After 48 hours from the depletion of the “Bids” used by the Users, those who do not enjoy the chances of the foregoing points a)-c)-d) will not have any right of return, refund or conversion of unused “Bids”.
    Each time you press the button “Prenota” ( = BID) or you use the Autocall function, as specified below, the User does an irrevocable purchase offer at a discounted price of the product which have been reserved.
    . Each utilization of the “Bids” automatically leads to the extension of sale duration and to the price increase, as described afterwards. It is not possible to exchange, donate, buy, sell or transfer the “Bids”. Asapmarkets Europe s.r.l. is the only subject legitimized to cede or convert “Bids” for Users..
    Asapmarkets Europe s.r.l. can grant Users free “Bids”, which have the same prerogatives of those purchased. All the “Bids”, both purchased and complimentary ones, have to be used, at the risk of forfeiture, within an year from the buying or assignment.

     

  • 1.4. Functioning of the sale system
  • The products for sale are actually bought by Asapmarkets Europe s.r.l. from the Supplier from the moment in which they show the sale signal [GREEN] next to the photo
    The signal will appear in the moment in which, from free choice of ASAP Online PSN for every product displayed, that product will be economically buyable by the Users. The moment – or booking value of the product – during which there will be the changeover to the signal [GREEN], is unknown and it will remain so for all portal Users, in respect of equal opportunities of everybody’s participation in the sale.
    Each time a User presses the button “BID”, if the timer is lower than a time which is reported in the product ( e.g. 15-20-30…seconds), it will automatically reset. The last User who has clicked on the button “BID”, and so the timer has got to zero, is the User whom has acquired the right of purchase at a reduced price fixed in that moment, with the only condition that he/she has done at least one reservation before it appeared the signal [GREEN]. Asapmarkets Europe s.r.l. has the right to nullify the sale in case the timer set back to zero, i.e. there were no bookings during the time frame given, in absence of the signal [GREEN] next to the product photo. In this case the sale will be made invalid and all “Bids” will be put again in User accounts. The “Reservations” are valid only when they arrive to Asapmarkets Europe s.r.l. system and they are registered in its databases. Asapmarkets Europe s.r.l. is not responsible for any technical hitches and/or losses of connection of the user and the possible mistakes which may follow on from them. As an example, there can be wrong countdowns, failed updates of the last user who has clicked on the button “BID”, failed updates of the last reduced price for the sale. In these and other cases related to the technical specificities of the business, Asapmarkets Europe s.r.l. has the right to suspend temporarily the sales and modify the time
    Considering that there may be delays from when the User clicks “BID” to when the reservation is received by the ASAPMARKETS Europe’s server for reasons due to the propagation of data on the internet, ASAPMARKETS Europe’s server will wait a maximum of 5 seconds before determining the definite sale of the product, guaranteeing equal opportunities of purchase to all Users.

 

  • 1.5. Who can purchase and who can supply ASAPMARKETS Europe s.r.l. with the products and services advertised on the Portal
    • 1.All residents of states that allow access to the web site are authorized ASAP Markets buyers. ASAPMARKETS Europe s.r.l. is not responsible for purchases on Asap Markets made as waivers or in directly breaking local laws relating to the method of purchase.
    • 2.All paying registered Users of www.asapworld.net are authorized to supply products or services for sale on Asap Markets. They will here forth be referred to as “Suppliers”. ASAPMARKETS Europe limits accessibility to the sell of these products/services in the following terms:
      • Basic Users: (private citizens) max 5 sale-points
      • Premium Users: (private citizens) max 20 sale-points
      • Corporate Users: (wholesale dealers or manufacturing companies) unlimited sale-space

 

  • 1.6. The AutoBid

    The User, to express the intent of purchasing a product can either proceed manually by clicking on “Purchase” or can use the automatic function “AutoBid” by activating the function on the products icon in the home page. The User can also set the maximum number of “Reservations” he is willing to use to buy a certain product on discount (the system checks that they are not superior to the number of Bids on the account) and the maximum value he is willing to spend for a product (the system checks that the price set is not inferior to the retail price).
    The “AutoBid” automatic function allows Users to purchase products at discounted prices even if at the time of sale they are not online. The “AutoBid” will automatically call the reservations” in compliance with the parameters formulated by the User. “AutoBid” always “BIDs” for all Users having activated the function when the remaining time on the timer is 5 seconds till purchase or until the parameters are met.

 

  • 1.7. Confirmation of purchase at a discounted price and Payment

    The User that obtained the right to purchase at a discounted price receives an automatic message confirming the sale on his/her e-mail.
    If the User is online he/she must go on the products icon on the home page where he will find the end price of the sale (which includes accessory expenses, transport, delivery and VAT) and, after clicking on Buy, choose the method of payment. Once the transaction of payment has been successful the buyer must complete the form that will appear in order to confirm the address and conditions for delivery.
    The User will receive an e-mail confirming the success of the transaction and a copy of the above form.
    If the User is not online, the automatic e-mail message will inform him/her of the purchase and he/she will have the opportunity to conclude the purchase as above explained by logging in or clicking on the link contained in the mail. The User has 48 hours from receiving the mail to pay for the purchased product. ASAPMARKETS Europe s.r.l. Riserve the right to withold the product until it is paid for. If the User does not confirm interest or proceed with payment within 48 hours from acquisition, the right to purchase falls. In this case the right of purchase for this product will be permanently revoked and there will be no conversion or refund of the used “Bids”.
    Should this occur, the User having made the penultimate reservation when the signal was green and having made at least one reservation for the product when the indicator was red, gains the right to buy the product at the price he had reserved with his/her last click. If this user does not confirm and proceed with payment in 48 hours he/she will also loose the right to refund or conversion of the used “Bids” and the acquisition will be declared void. The product will be redirected to sale with a variable price.
    ASAPMARKETS Europe s.r.l. is not responsible for any problems resultant from the provider of the method of payment.

 

  • 1.8. “Buy Now” option

    “Series” products presented by wholesale retailers or manufacturing companies or craftsmen (Corporate Members of the ASAPMARKETS Europe s.r.l. Network – see point 6) have the “Buy Now” option. The option allows the User to purchase the product at a price indicated on the web site.
    This option can be used by the User at any time independently of the fact that he/she expressed an interest for the product on discount. If the User had clicked on “BID” for a product having the option “Buy Now” and used the Bids but did not successfully terminate the acquisition, he/she may use the “Buy Now” option within 24 hours from the end of the sale paying the difference between the full price and the Bids used for the reservations as stated in point 1.9. The User can buy the product by paying the difference between its “value” and the value of the “Bids” used in the attempts to reserve the product. The User can only use the “Bids” that summed result lower than the price of the product.
    The price of sale using the “Buy Now” option can never be less than zero. If the value of the “Bids” used for the product are higher than the “value” of the product, the remaining Bids cannot be summed and will not be returned. Accessory expenses and delivery costs with the relative VAT will be added. If a user decides to buy the product using directly the “Buy Now” option he/she can use the Bids not used during other reservations. The payment of the correspondent value set for the product in the “Buy Now” option must be immediate and follow one of the two options allowed (24 hours after the purchase). If the payment does not occur immediately after clicking, the option the purchase will be void and the right to purchase through “Buy Now” will be irrevocably lost. “Buy Now” is guaranteed for all Users having placed at least one “reservation” as, a shortage of supplies or other causes dictated by the merchant, may make it impossible to buy the product without having reserved it.

 

  • 1.9. Delivery

    Unless otherwise stated the delivery will be sent to the address indicated by the User.
    ASAPMARKETS Europe s.r.l. is not in any way responsible or liable by law if the delivery cannot be made as a result of an incomplete or inaccurate address indicated on the form described at point 1.7.
    As ASAPMARKETS Europe s.r.l. delivers throughout the world, it cannot guarantee that keyboards and manuals be in the language of the state where the product is delivered nor that cables or other components be compatible with local technical requisites. The international deliveries are subject to an shipment overprice, that ASAPMARKETS shall comunicate via email to the Buyer User before the shipment.  In case of refusal of the buying User to pay the overprice, ASAPMARKETS shall consider the price of the product not entirely paid, in this case the eventually paid amount shall be refunded and the product shall be assigned to the penultimate Bidder in the auction, given that the latter pays the auction’s price and the international delivery overprice. As ASAPMARKETS Europe s.r.l. works with trusted merchants to ensure the best service possible, the time needed for delivery is to be considered an estimate and not a clause of the contractual agreement.
    ASAPMARKETS Europe s.r.l. dispatches orders within 2 days from payment , times for delivery may vary from 2 days in the same country, 5 days if international and NOT intercontinental and 15 days if intercontinental. Evident damage to the package ascribable to transport must be communicated to the courier immediately and the User must refuse the package or accept it with reserve.
    The User must check the product both before and after the delivery. If the User wants to file a complaint for flaws or damage to the product after delivery he must notify us within 10 days from delivery. Not notifying damaged goods within 10 days from delivery results in the acceptance of the product as it is and relieves ASAPMARKETS Europe s.r.l. from any responsibility. ASAPMARKETS Europe s.r.l. is not to be held responsible for any damage or flaws in the product resulting from negligence or an incorrect use of the product by the User. In case ASAPMARKETS Europe s.r.l. partners are not able to deliver the product within a reasonable lapse of time, ASAPMARKETS Europe s.r.l. can provide the User with an alternative product presenting similar or superior characteristics. The User has, nonetheless, the possibility of not accepting the product change. If the User refuses, ASAPMARKETS Europe s.r.l. will refund the client for the credit value of the undelivered product as advertised on the web site.
    Some products may require the presence of the buyer when delivered due to compulsory formalities (ex. a car or real estate). That being the case, the travel expenses for the buyer to get to the place of sale along with possible costs, charges, disbursements and other expenses not mentioned on the web site will be responsibility of the buyer. If the place of delivery differs for promotional reasons, prospect that will be stated on the web site, the buyer cannot be relieved from picking up the item in the settled place, the associated travel costs will be paid by ASAPMARKETS Europe s.r.l.

 

  • 1.10. “Unused Bids” (CrIns) Conversion

    The “Bids” used for reservations not resulting in a successful transaction, not leading to a successful purchase at discounted price, are referred to as “Unused Bids” or Crlns.
    ASAPMARKETS Europe gives each client the opportunity to convert these “Unused Bids” in the SHOP area of www.asapmarkets.com . The products/services in the SHOP area are purchasable only by Crlns.
    The purchase is finalized through the relative form (see point 1.7) and is intended completed on payment ( (charged on the User’s account) of the agreed Crlns plus the Crlns needed for delivery.
    Purchases with Crlns have the same Guarantees and refund rights as all the other products sold on www.asapmarkets.com.

 

  • 1.11. Warranty and Returns

    The price of the products is based on the average retail price of local suppliers. ASAPMARKETS Europe s.r.l. does not guarantee the lowest costs.
    The items sold by ASAPMARKETS Europe s.r.l. can be NEW and delivered with the relative warranty, duly stated on the products icon, or USED in which case the product is sold as second-hand with the sole assurance of the retailer who individually guarantees for the condition. This being the case the product will appear as “USED” and all flaws will be described. ASAPMARKETS Europe s.r.l. does not offer any guarantee on the sold products.
    “NEW” products reflect the conditions of use and warranty of the manufacturer.
    The description of the goods fully reflects ASAPMARKETS Europe’s understanding of the product. Technical specifications are given by the manufacturer. The images are purely descriptive and, as such, may differ from the real product. The User has the right to return a defected product within 10 days from delivery in its original package and covering the costs of delivery. If the manufacturer acknowledges the defect, ASAPMARKETS Europe s.r.l. will deliver an new identical product and will reimburse the sustained costs of delivery. If the defect is not acknowledged or if the defect is ascribable to tampering, ASAPMARKETS Europe s.r.l. will send back the original product and charge the User with delivery costs reserving the right to sue for damages as provided by the law. The User receiving a defective product can contact the manufacturer directly. If the User believes that ASAPMARKETS Europe s.r.l. delivered the wrong product he must contact ASAPMARKETS Europe s.r.l. at the following e-mail address support.sales@asapmarkets.com within 10 days. ASAPMARKETS Europe s.r.l. will give instructions for returning the product. In case of negligence by ASAPMARKETS Europe s.r.l. or by one of its employees the product exchange will be made free of cost for the Client.

 

  • 1.12. Withdrawal and Refund Policy

    The User not acting for commercial reasons can withdraw from the contract of purchase within 10 days from receiving the package and obtain the refund net of the delivery costs. To withdraw from the contract the User must forward the product to the sender at his/her own cost. The product must have integral packaging and have the original seals if it be audio/video or software and communicating the decision to support.sales@asapmarkets.com that will give instructions as to how to proceed. A refund will not be granted should the procedures not be followed. Delivery costs shall not be refunded. The 10 days are calculated by the date of postage stamps or courier transport forms. Purchase of “Bids” is not refundable.

 

  • 1.13. Rules and Obligations - Users

    The User’s use of the service will abide by what provided by the law and without leading to damage for others. The User will not use any means, software or manual that may interfere with the correct functioning of the system, will not be initiate any act congesting the portal’s structure nor will copy, reproduce, alter, modify or disclose Portal contents unless under explicit authorization by ASAPMARKETS Europe s.r.l.

 

SECTION 2: The 7th HEAVEN AREA

 

      2.1 Access

      The 7th Heaven Area is accessible only by registered Members of the GN42 Club in the web site www.globalnet42.com.  The access is only possible through a referral link available in this site.

 

  • 2.2. Purposes and Fiscal matters
      The purpose of 7th Heaven is to bring the Users to raising earnings through the promotion of products or services available in the web site www.asapmarkets.com based upon a networking concept.  Such earnings are made of cash backs or bonuses thet the User gains in relation to his promotional activity of the same site.
Fiscally these gains have to be daclared in the appropriate tax returns of the Country of citizenship of the User and they have to be considered not due to an employment contract or agreement, as gained through an independent public relations activity.
  • 2.3. Functioning
       The 7th Heaven Area requires that the User, after having registered in www.globalnet42.com without costs, purchases a product available in the 7H Area in a certain price range.  Once registered, the User has 15 days time in order to make a purchase.  By doing this purchase, the User enters a team of Users - consumers who have purchased a similar product in the same price range.  If the User introduces other Users who register and purchase a product of the same price range of the ones bought by himself, then they introduce other users who do the same till 3 levels of friendship, the first User shall receive a Cash Back (or Bonus) identified in the landing page of the Area 7H.  The User can freely choose the product or service to purchase upon the desired price range of the available products and there are no commercial duties.
  • 2.4. Warranty and Returns

    The price of the products is indicated in the 7h Area. ASAPMARKETS Europe s.r.l. does not guarantee the lowest costs.
    The items sold by ASAPMARKETS Europe s.r.l. in the 7H Area are NEW and delivered with the relative warranty, duly stated on the products technical sheet. ASAPMARKETS Europe s.r.l. does not offer any direct guarantee on the sold products, save what legally due in order to protect the consumer.
    The description of the goods fully reflects ASAPMARKETS Europe’s understanding of the product. Technical specifications are given by the manufacturer. The images are purely descriptive and, as such, may differ from the real product. The User has the right to return a defected product within 30 days from delivery in its original package and covering the costs of delivery. If the manufacturer acknowledges the defect, ASAPMARKETS Europe s.r.l. will deliver an new identical product and will reimburse the sustained costs of delivery. If the defect is not acknowledged or if the defect is ascribable to tampering, ASAPMARKETS Europe s.r.l. will send back the original product and charge the User with delivery costs reserving the right to sue for damages as provided by the law. The User receiving a defective product can contact the manufacturer directly. If the User believes that ASAPMARKETS Europe s.r.l. delivered the wrong product he must contact ASAPMARKETS Europe s.r.l. at the following e-mail address support.sales@asapmarkets.com within 10 days. ASAPMARKETS Europe s.r.l. will give instructions for returning the product. In case of negligence by ASAPMARKETS Europe s.r.l. or by one of its employees the product exchange will be made free of cost for the Client.

 

  • 2.5. Withdrawal and Refund Policy

    The User not acting for commercial reasons can withdraw from the contract of purchase within 10 days from receiving the package and obtain the refund net of the delivery costs. To withdraw from the contract the User must forward the product to the sender at his/her own cost. The product must have integral packaging and have the original seals if it be audio/video or software and communicating the decision to support.sales@asapmarkets.com that will give instructions as to how to proceed. A refund will not be granted should the procedures not be followed. Delivery costs shall not be refunded. The 10 days are calculated by the date of postage stamps or courier transport forms. Purchase of “Bids” is not refundable.

 

  • 2.6. Rules and Obligations - Users

    The User’s use of the service will abide by what provided by the law and without leading to damage for others. The User will not use any means, software or manual that may interfere with the correct functioning of the system, will not be initiate any act congesting the portal’s structure nor will copy, reproduce, alter, modify or disclose Portal contents unless under explicit authorization by ASAPMARKETS Europe s.r.l.

 

GENERIC CLAUSES OF GLOBAL RELEVANCE

  • Licence

    ASAPMARKETS Europe s.r.l. bestows users with a private and non-transferable licence, not exclusive, valid worldwide, needed to access the Portal and sale through the portal as described in the Conditions of Use until withdrawal for the use of the Portal. A collaborator (promoter) will receive a specific licence for managing their commercial network.

 

  • Rules and Obligations - ASAPMARKETS Europe s.r.l.

    Access and use of the portal is at the Users own risk. ASAPMARKETS Europe s.r.l. takes no responsibility for the quality, good functioning or suitability of the services or for the meeting a User’s aspiration.
    ASAPMARKETS Europe s.r.l. cannot be held responsible for damage, direct or indirect losses, claims deriving from a malfunctioning of the user’s electronic equipment. ASAPMARKETS Europe s.r.l. cannot be held responsible for the poor quality of the service ascribable to a malfunction in the system due to reasons beyond ASAPMARKETS Europe’s control such as fires, natural disasters, energy breakdowns, malfunctioning of the telephone or internet connections nor due to improper use of the system by other Users having access to the system. ASAPMARKETS Europe s.r.l. reserves the right to suspend activity in case of technical difficulties out of its control; should this occur the sales will start from the last registered offer.

 

  • Law and jurisdiction

    The terms and conditions expressed in the present document are regulated by British Laws and are exclusive of all other legislations. Any controversy regarding the supply of services and/or products through the web site www.asapmarkets.com, for citizens of the EU is under the jurisdiction of the Country indicated in the given address proof at the time of registration. Any controversy regarding the supply of services and/or products through the web site www.asapmarkets.com, for citizens extra- EU, are under British jurisdiction and competence of the Bologna (Italy) bar. By accepting to use the services described on the web site the User expressly accepts the present terms and conditions.