Terms and ConditionsGeneral Terms and Conditions of Sale

1.1 The user is asked to read carefully the current terms and conditions, since, with potential special conditions concerning a particular online auction or the marketplace (as expressed in the pertintent sale information), are applied to the access and to our Web site employment from the user and form fundamentals for any agreement between Metalboutique.com and every user who wants to make an offer for any lot. The current terms and conditions are applicable to every sale carried out on the current Web site, regardless of during an online auction, in the section “Marketplace” or by the option Buy now. The user has the responsibility to bring such terms to each person’s attention, who could access to our Web site because of the user himself/herself. It is asked to pay specific attention to our privacy regulatory, which illustrates information processing for visitors of our Web site. 1.2 After reading and accepting the current terms and conditions, the user is able to take part to online auction and to “Marketplace” section, but just only after our approval of user’s registration and payment of a possible registration fee indicated in paragraph 4 of the current conditions. If he/she does not accept the current terms and conditions, the user is not authorized to use the current Web site. 1.3 A paper version of the current terms and conditions and of any notification sent by electronic means will be accepted during judicial and administrative proceedings based on and related to the current agreement between Metalboutique.com and the user in the same way and is subject to the same conditions of other documents and company sheets originally created and conserved in paper form. 1.4 We are allowed to occasionally update the current terms and conditions; any modification will be communicated to the user through the e-mail address provided at the moment of registration or through an announcement on our Web site. Modifications will be applicable on any employment of our Web site, including every offer made, as a result of our announcement. If the user does not want to accept our new terms and conditions, he/she will not make new offers or continue to use our Web site for any reason. If the user makes new offers or continues to use our Web site after the date of entry into force of any possible modification, the employment of the Web site itself indicates that the user accepts to be bound by our new terms and conditions. To be clear, any modification produced on the current terms and conditions are not applicable to any contract between Metalboutique.com and the user, that is originated from Web site employment by the user, before the date of entry into force of any possible modification or before any disagreement between Metalboutique.com and the user, that is originated from Web site employment by the user before such date. 1.5 The current terms and conditions can be changed by possible special conditions identified in sale information related to individual lots. In case that a conflict or an inconsistency takes place between the current terms and conditions and probable special conditions, special conditions will prevent according to how they are related to such conflict or inconsistency.

2.1 The content of the current Web site (like text, graphic items, logos, buttons icons, images, digital downloads, data and software collections) is protected by copyrights and other rights related to intellectual properties, unless it is explicitly specified. It is reproduced exclusively for personal use or inside the company by download or visualization on an individual processor and/or printing a single paper copy. It is forbidden to reproduce it in another way, spread it, make it available on a net or use it to create connected activities without a previous written authorization. All rights reserved. 2.2 Commercial brands, logos and service brands displayed on our Web site are commercial brands of Metalboutique.com, its daughter companies or its customers, unless it is specified in a different way. It is not possible to use any of them before previous written authorization. 2.3 Any violation of our rights or our daughter companies’ rights or our customers’ rights will face a legal action. 2.4 It is forbidden to employ framing techniques which have the current Web site as their object. We do not take responsibility and will not be prosecutable for the access of any Web site connected by links to or from the current Web site, as well as for the material contained there. 2.5 The current announcement is presented by Metalboutique.com Srl , a company registered in Italy and registered office located in Via Larga 7, 20122 Milano. Our e-mail address is support@Metalboutique.com and our phone number is +39(0) 30 7282230.

Any information provided from the user will be archived and used in compliance with our privacy regulatory.

4.1 The use of the current Web site is exclusively allowed to users aged 18 years or older 4.2 The current Web site is exclusively dedicated to business activities and, at the moment, does not suite for an individual use by consumers. The use of the current Web site is not allowed to users who do not operate for a business activity. 4.3 It is necessary to register on our Web site before making an offer during an auction or before buying a lot by the option Buy now. After a successful registration, it is necessary to access on the registered account to make an offer during an auction or to buy a lot by the option Buy now. 4.4 The user is aware and accepts that, as registered bidder, will be limited by the present conditions and any contract will be stipulated between the user himself/herself (as adjudicatee) and Metalboutique.com, unless something else is established in writing before the stipulation of the contract. 4.5 The user accepts: 4.5.1 to provide accurate and current information as required by registration forms on our Web site; 4.5.2 to update information provided during the registration and to ensure that are always accurate; 4.5.3 not to make offer or publish information with fraudulent intentions in the context of the Web site; and 4.5.4 to signal any abuse of the Web site or any misleading or inappropriate material on the Web site. 4.6 Metalboutique.com reserves the right to refuse any registration request at its own discretion. 4.7 A registration fee could be required during the stage of initial registration or when the user registers on an online auction. The user will be able to make offers in the context of an auction or to buy a lot by the option Buy now only after our bank will communicate the receipt of the registration fee in our customers’ archive and funds availability. 4.8 It is possible to pay a registration fee via: 4.8.1 electronic transfer (a “cash registration fee”); or 4.8.2 credit card. 4.9 Each registration fee will be conserved on behalf of the user in a customers’ archive that does not produce interests. 4.10 The user can withdraw funds of the cash registration fee to pay any amount related to a contract. Withdrawing funds of the registration fee from credit card is not possible under any circumstances. 4.11 According to the listed conditions at points 10.7, 10.8 e 12.1 and to possible withdrawals realized, registration fee, or what is left of the registration fee, can be refunded at the request of the user. 4.12 If the user withdraws funds of the registration fee or if Metalboutique.com refunds the registration fee totally or partially, Metalboutique.com reserves the right to request an additional registration fee before the user is authorized to present new offers. Such possible additional registration fee will be treated in the same way as the registration fee paid at the moment of registration.

5.1 The access to the user’s account, to individual online auctions and/or to the marketplace is obtained by using the user name and the password selected during the registration phase. It is responsibility of the user to ensure the privacy and the appropriate use of name, password and account of the user and to limit access to own computer. The user accepts to assume the responsibility of every activity occured using his/her account or password. To help us to put in place our security measures, the user must not leave his/her computer unattended while it is connected to our Web site and must guarantee that it is closed every time that he/she has finished to use it. 5.2 The user must immediately communicate us if he/she has reasons to believe that a non-authorized person can know his/her user name or password or access to his/her account. 5.3 We reserve the right to refuse assistance or to close the account. 5.4 The user accepts that Metalboutique.com does not assume any responsibility for possible losses endured by the user himself/herself derived by a non-authorized access to his/her account on a previous date than the user’s notification concerning a possible non-authorized use of his/her username and password or of a security violation.

It is possible that the current Web site includes hypertextual connections to Web sites related to third parties, but it is not our responsibility to examine or value such Web sites and their inclusion does not imply our approval of their material. Therefore, the user accepts that Metalboutique.com is not prosecutable for the content of any Web site on which it is possible to access thanks to an hypertextual connection included in our Web site.

Metalboutique.com will work hard to provide a service to the customers that satisfacts higher qualitative standards. Our purpose consists of an offer for an efficient and effective service and of taking in consideration any problem. We do our best to guarantee that a possible complaint of our customers is quickly identified and is treated according to our process for complaints treatment. In case of complaints related to our Web site, it is possible to click on the icone “How to contact us” above the current page. We will verify every complaint according to a written internal process that includes the following phases: 7.1 to confirm the receipt of the complaint and to answer within 28 days or, if it won’t be possible, to communicate to the user the required time for receiving an answer; 7.2 to analyze the problem; 7.3 to communicate to the user our opinion regarding the complaint and how we propose to solve the situation; 7.4 if the answer doesn’t satisfy the user, kindly require a further analysis from our customer service department.

8.1 Any offer made during an online auction or “Marketplace” is an offer made by the user with the aim of buying the lot in question in accordance with the current terms and conditions. However, no offer made by a user is accepted as winning bid offer and there won’t be any contract between Metalboutique.com and the user until the moment of the confirmation, through e-mail or invoice, that the user’s offer is accepted as winning bid offer. 8.2 Metalboutique.com can determine the winner of the auction at its absolute discretion. If Metalboutique.com doubts the validity of any offer can, at its own discretion, cancel the sale or reopen and resell the lot and/or take any other measure considered appropriate. 8.3 The user can make an offer to purchase a lot by the option Buy now in accordance with the current terms and conditions. We will do our best, in a reasonable manner, to process each bid for a lot by the option Buy now within 48 hours from the receipt of the same offer. However, a similar bid has to be approved by the seller and there will be no contract until confirmation, through e-mail or through invoice, of the seller’s acceptance. 8.4 If an offer for the purchase of a lot by the option Buy now is refused by the seller, the user can make other two offers for the purchase of the lot by the option Buy now. If the seller refuses also the third offer, the user can not try anymore to purchase in advance the lot by the option Buy now. This does not prevent the user from making offers for the lot by the option Buy now during an online auction or at “Marketplace”. 8.5 Without any responsibility towards any potential buyer: 8.5.1 Metalboutique.com can alter or withdraw any lot for any reason until the closing moment of the offers related to a particular lot; 8.5.2 if two or more following lots are similar according to the quantity and the description, Metalboutique.com can allow the buyer to choose one of the following lots at the same price. 8.5.3 Metalboutique.com can refuse to accept or can cancel or delete every kind of offer without communicating the reason. 8.6 Metalboutique.com, its daughter companies, the seller or any agent who operates on the seller’s behalf can make offer for any lot. 8.7 Every contract is subject to the current terms and conditions (and to any possible special condition), which replace any other term and that govern the access and the use of our Web site by the user and any contract, with the exception of possible terms and conditions, that the user wants to apply or that are implied by commerical uses, customs or negotiations. Possible terms or conditions sent by the user will not form part of any contract and will not be applied to the access and use of our Web site by the user just because this one has informed us of such terms and conditions.

9.1 The lots are sold complete with faults and imperfections. 9.2 Before each sale, the user can inspect the lots on the site during the inspection days specified in the sale information or in another moment previous appointment taken with Metalboutique.com. Before submitting an offer, the user has to be satisfied of each lot conditions. Every declaration about a lot made by Metalboutique.com or by its agents and daughter companies constitutes a mere opinion; the user has to rely on his/her own judgment for any issue regarding the lot. 9.3 Each description of products, catalogs and contents on our Web site or issued by Metalboutique.com in another form has the simple intention of offering a general idea about the lot and does not form part of any contract. 9.4 Possible mistakes or omissions on our Web or in any other docuemnt or information sheet issued by Metalboutique.com or displayed on our Web site are subject to corrections without that Metalboutique.com is prosecutable. 9.5 Neither Metalboutique.com nor its agents or daughter companies offer any declaration or warranty in relation to any lot and all the implied conditions or warranties are excluded in the maximum limit allowed by the law.

10.1 The buyer has to pay to Metalboutique.com the total amount owed. The buyer recognizes and accepts that Metlaboutique.com, when operating as agent for the seller, can also receive a sales commission. 10.2 The payment of the purchased goods must be made only through bank transfer. 10.3 The payment of the owed total amount is payable at the closing date and Metalboutique.com will send a notification e-mail to the buyer when the invoice can be displayed, and therefore printed, at the section “My invoices and my payments”. 10.4 The payment speed is essential. The payment is considered received once the bank informs Metalboutique.com that the payment is arrived at the customers’ archive and funds are available. 10.5 Metalboutique.com is authorized to debit interests to the user and to request the refund of costs incurred for credits recovery on non-paid accounts from the seventh day following the closing date until the payment date. 10.6 In case of non-payment by the user at the expected date, the total price of all lots that the user is committed to buy will be immediately payable and without request; Metalboutique.com can solve any contract or interrupt the delivery or the supply of his/her own performances or to keep any payment realized by the user, included but not limited to the payment of the registration fee eventually realized at the moment of registration, to cover the cost of lots (or of goods or services provided related to any other contract between Metalboutique.com and the user) in the best way. 10.7 Metalboutique.com is authorized to compensate for amounts owed to the user, included but not limited to the payment of the registration fee eventually realized at the moment of registration, as a result of amounts owed to Metalboutique.com by the user. The user can not deduce amounts of money from the total owed amount.

11.1 The buyer must pay a possible VAT applicable to any amount owed to the customer himself/herself according to the current conditions subject to the tax rate in force at the closing date. 11.2 According to the Sixth directive of Counsil in the field of the value added tax (77/388/CE), the buyers who do not live in a member State of European Community will have to pay VAT subject to the tax rate in force at the closing day in Italy. After receiving a copy of the bill of lading or consignment note CMRas an export evidence, VAT will be refunded at the closing price and at the auction premium. VAT will not be refunded unless an export evidence is displayed within 3 months from the closing date included. 11.3 According to the Sixth directive of Counsil in the field of the value added tax (77/388/CE), the buyers who have VAT registration number in a member State of European Community will have to pay VAT subject to the tax rate in force at the closing day in Italy. After receiving a copy of the bill of lading or consignment note CMRas an export evidence, VAT will be refunded at the closing price and at the auction premium. VAT will not be refunded unless an export evidence is displayed within 3 months from the closing date included. To calculate VAT subject to the tax rate zero, Metalboutique.com also needs that the number of VAT registration number of an European Community member State buyer is diplayed on the company printed paper.

12.1 The buyer will provide the pick up at his/her own expense at the site of the purchased lot within and not later than the fixed date, but not before the total amount has been paid to Metalboutique.com and funds are available. It has also to be respected condition n. 13, which represents the essence of the contract. 12.2 In case that, in any moment during the days available for the pick up, Metalboutique.com has a reasonable cause to believe that the buyer will not totally complete lot pick up at the site within the fixed date, this will be considered passed and the buyer is considered to be violating condition n. 12.1. 12.3 The buyer assumes all the risks and costs concerning the packaging and the movement of the acquired lots. Metalboutique.com is not responsible for the actions or omissions of packaging agents or the shipping of the acquired lots, even if they could have been suggested by Metalboutique.com itself. 12.4 Access to the site for the lot removal is considered exclusively from 9:00 AM to 4:00 PM (local time) from Monday to Friday, unless it is differently indicated. However, in case of non-complete payment according to the current conditions, Metalboutique.com at its discretion is authorized to refuse the buyer (or to other contractors /agents of the buyer) to access to the site to view or remove a lot or to allow the access only according to specific additional conditions considered more appropriate. 12.5 It is a purchase condition that, in case the buyer shows bolts or fixing spikes and mortar around the lot during the removal of it, such protrusions must be removed and left closed to the floor. It is necessary to dispose rubbish and clean the floor. 12.6 Staff who wants to employ lifting or movement equipment on the spot must initially display to Metalboutique.com supervisor all the operative licences in force, certifications related to devices and proof of the concerning insurances. Staff must work respecting instructions of the seller, of Metalboutique.com and of norms in force in the field of health and security; any violation of such instructions and norms will imply the removal from the site in any moment.

13.1 The buyer is authorized to remove a lot from the site upon agreement with Metalboutique.com or with its delegate in charge. The disinsertion of a lot from the principal net of electricity supply must be carried out by a qualified elecritian at the point below the junction box. 13.2 The buyer is responsible for every damage caused by the buyer himself/herself or by related packing agent or by agents related to any third party (and particularly to the site) during the removal of the purchased lot. 13.3 If Metalboutique.com believes that, in all probability, the removal of a lot damages the site or creates any kind of damages, through notification to the buyer, Metalboutique.com can: 13.3.1 cancel the purchase of such lot; or 13.3.2 allow the lot removal from the site according to the conditions Metalboutique.com believes that are more suitable, including but not limited to the request that the buyer deposits a caution to Metalboutique.com, whose amount will be used by Metalboutique.com to compensate such possible damages, and the buyer will have to answer to Metalboutique.com by paying possible costs and costs incured by Metalboutique.com related to condition n. 13. 13.4 If the buyer refuses to deposit possible funds required according to condition n. 13.3.2, Metalboutique.com is authorized to refuse to the buyer the access to the pick up site of one or more lots bought or to cancel the purchase of such lot from the site according to condition n. 13.3.1.

14.1 If a person claims the ownership of or the right for a lot, totally or partially, before the removal of it from the site, Metalboutique.com reserves the right of cancelling the purchase of such lot or allowing the removal of such lot from the site according to every condition considered more suitable. 14.2 If Metalboutique.com makes a purchase null, the only remedy of the buyer will be the refund by Metalboutique.com of the total amount owed related to such lot, totally or partially, according to different cases.

15.1 If the total amount owed for a lot is not paid or if the buyer does not pick up such lot, in both cases according to the present conditions, the buyer is considered defaulting and Metalboutique.com as the seller’s agent or their own is authorized, at its discretion and without that this compromises any other right, to exercise one or more of the following rights and remedies, as considered more suitable: 15.2 to proceed against the buyer for damages derived from contractual non-fulfillments; 15.3 to cancel or solve the sale of any lot sold by the defaulting buyer during any auction or to keep as a refund every payment made by the buyer attributable to possible losses, costs or expenses occured by the seller or by Metalboutique.com due to contractual non-fulfillments of the buyer; 15.4 to resell the lot or to make possible that it is resold by Metalboutique.com or any daughter company to it through auction or private sale, and to consider the buyer responsible for the difference. The defaulting buyer accepts to consider any price of a possible reasonable resale, commercially speaking; 15.5 to consider the buyer responsible of the total amount owed and of the difference; 15.6 to reduce the total amount owed or the difference or any other amount for which the buyer is in debt to Metalboutique.com or to its daughter companies considering that: 15.6.1 possible revenue derived from the sale for which Metalboutique.com or to its daughter companies will be in debt towards the buyer; or 15.6.2 any payment made by the buyer to Metalboutique.com or to its daughter companies, regardless of buyer’s wish of reducing his/her own obbligations according to the agreement; 15.7 until the occured deposit of every sum to be paid to Metalboutique.com or to its daughter companies, to exercise the right of retention on any ownership of the defaulting buyer that is owned by Metalboutique.com or to its daughter companies for any purpose and to sell it; 15.8 to debit to the buyer a cost of management minimum of 1% plus VAT of the total amount owed that the buyer will pay to Metalboutique.com monthly starting from the seventh day following the sale and for every month or following partial month; 15.9 to ensure, remove and store the lot at Metalboutique.com sites or somewhere else by the only risk of and by the cost of the defaulting buyer; 15.10 to debit to the buyer interests according to condition n. 10.6; 15.11 to consider the buyer responsible of the refund of possible losses or damages occured by Metalboutique.com and other attributable, directly or indirectly, to installations, tools or machines of the lot or any other lot, regardless of break, rust, deterioration, drying, loss, waste, breakdown or deficiency intrinsic or latent or natural deterioration.

16.1 The lot remains of the seller’s property until: 16.1.1 bank informs us that the total amount owed has been received to our account and funds are available; 16.1.2 the payment has been assigned to a lot; 16.1.3 the lot has been removed completely from the site; and 16.1.4 any other amount that the buyer has to and will have to deposit in one of our account has been received and funds are available. 16.2 Regardless of whether received payments by the buyer are meant to be related to a specific invoice, Metalboutique.com is authorized to block such funds to cover any invoice not yet paid. 16.3 Every risk related to a lot is in charge of the buyer from the closing date. 16.4 Until the moment the lot ownership moves to the buyer, that one is committed to: 16.4.1 not to destroy, ruin or hid any identification sign there on the lot; 16.4.2 to conserve the lot in satisfacting conditions and to ensure on our behalf its total price against every risk; and 16.4.3 to conserve revenue derived from the insurance which condition n. 16.4.2 on our behalf faithfully and not to mix them with other funds nor deposit them on an uncovered account. 16.5 Metalboutique.com is authorized to recuperate or resell the lot which is still owned according to condition n. 16.1 in any moment. The buyer accepts that, for this reason, our employees and/or agents are authorized to access to any our site in which the lot is conserved and is committed to manage to Metalboutique.com and related employees and/or agents the authorization to access to any site of third parties in which the lot is conserved. 16.6 The current condition n. 16 will continue to be valid after the deadline or the resolution of any contract

PLEASE PAY SPECIFIC ATTENTION TO THE CURRENT CONDITION 17.1 What follows describes our whole responsibility (including any responsibility for actions or omissions of our daughter companies, our employee, agents or subcontractors) towards the buyer related to any access or use by the buyer himself/herself of our Web site or violation of the current terms and conditions, any declaration or warranty made or any action or omission related or connected to the current Web site or any contract and respecting any contemplate performance or missing performance, including the responsibility in case of negligence and other responsibility derived from illicit. 17.2 Guarantees, conditions or other implicit terms according to law, habitual right, commercial uses or other are excluded as allowed by law, but such exclusion is not apply to any implicit condition that considers our right of selling the lot when there is ownership transfer. 17.3 We do not guarantee in any way that the lot will satisfy buyer’s needs or that the access to the Web site will not be subject to interruptions and will be prompt and without mistakes. We do not take any responsibility in case, for any reason, it is not possible to access to or to use our Web site. 17.4 The current Web site or any part of it may not be compatible with the browser or the computer configuration of the user and so we can not guarantee that it is. 17.5 The Web site content has been filled very carefully and skilfully, but we do not offer warranties (explicit or implicit) for the nature or the cure of any material included in our Web site. 17.6 The user guarantees not to be a consumer and not to use our Web site for illegal purposes or with fraudulent intentions or in any forbidden way according to the current terms and conditions. Metalboutique.com is authorized to immediately complete an account and to impede a user to access on the Web site in case of violation of any of the current terms and conditions or if there is a reason to believe that Metalboutique.com or other customers can incur responsibility due to actions of such user. 17.7 According to conditions n. 17.2 and n. 17.8: 17.7.1 Metalboutique.com is not responsible towards the user in case of any loss or corruption of data or any loss of profits , productive loss, depreciation of the start up; and any loss, damage, cost or expense indirect that, in any case, results from or is referred to the access or to the use of our Web site or of any material here contained by the user, to the result of a possible use of our Web site or of such material or any contract; and 17.7.2 according to condition n. 17.7.1, our total responsibility derived from a contract, illicit (including negligence or violation of an illegal obligation), false declaration or other, related to the access or to the use of our Web site or of any material here contained by the user, to the result of a possible use of our Web site or of such material or to the performance or to the performance considered of any contract, will be limited to the auction premium related to the lot purchased by the user and in accordance with which, for any event or several interconnect event, the demand can take place. 17.8 The user is aware and accepts that Metalboutique.com does not inspect our site and does not have the control on it and, therefore, neither Metalboutique.com nor its daughter companies and related directors, employees or agent will be considered responsible for any injury, death or damage to the personal ownership of the user or of the related agents or delegates that occurs while the user or such other people are at the site to examine the lot or to remove it according to condition n. 12; except in the case which such injury or death is caused by negligence from Metalboutique.com, in charge of the supervision according to condition n. 13.1. 17.9 At exception of what explicitly stated in the condition n. 17.8, no element of these conditions excludes or limits our liability in case of death or accident caused by our negligency or fraudolent false declaration or any other liability in the limit that such liability can not be excluded or limited by law.

The user agrees to compensate Metalboutique.com for any damages, losses, claims or expenses incurred by Metalboutique.com towards a third part arising out of or in connection with the use of our Web site by the user or by the visitor or removal of the lot from the site and which are aused by our negligence or otherwise.

19.1 Any contract can be solved with immediate effect if one or more of the following situations occur: 19.1.1 the user’s company has been dissolved, the user is in bankruptcy or the user reaches a settlement or similar agreement with their creditors; or 19.1.2 the user organizes a creditors’ meeting or puts itself into liquidation (voluntary or forced); or 19.1.3 the user is assigned with a bankruptcy trustee, a director or a judicial administrator in relation to any part of his business, property or capital; or 19.1.4 a resolution is approved or a petition is presented to any courts according to the company settlement of the user or any person starts a necessary process to assign an admin to the user; or 19.1.5 processes are started related to the insolvency or to the possible insolvency of the user in any jurisdiction to which the user or any part of his/her capital are subject. 19.2 Metalboutique.com can solve any contract with immediate effect at the delivery to the user of a written notification if one or more of the following situations take place: 19.2.1 the user is object, is subject to and allows any execution of goods repossession or against the user himself/herself, or; 19.2.1 the user carries out a substancial violation of any of his/her obligation related to the current contract or to any other contract stipulated with Metalboutique.com; or 19.2.3 the user is not able to pay his/her debits when they are payable; or 19.2.4 the user stops or threatens to stop his/her own activity. 19.3 The resolution of any contract does not influence on rights and duties collected before the resolution itself and, especially, it does not influence on the rights of Metalboutique.com listed at condition n. 16. However. user’s rights listed in such condition will lose validity with immediate effect.

The user is aware and accepts that a lot can not be in compliance with laws with regard to health and security that regulate the use of such lot in a working place. It is the user’s responsibility to guarantee (at his/her own expense) that the use of the lot on the working place does not violate any law with regard to health and security.

21.1 The user is aware and accepts that a lot can contain harmful materials or dangerous chemicals that, if not correctly handled during the lot removal from the site, could constitute a violation of laws with regard to health and security or of any other law in force related to the use of such substances in working places. 21.2 The user must guarantee (at his/her own expense) compliance with every law and regulation in force concerning the removal and the waste disposal, including dangerous wastes. Metalboutique.com can also require that the removal and disposal procedures of the user satisfy specific criteria. Where the wastes removal are necessary, every assignment must be complete at the buyer’s expenses by an approved and authorized contractor.

In the context of the present terms and conditions, the following expressions have the following meaning: a “daughter company” is any company that, directly or indirectly, controls, is controlled or is subject to the same control of Metalboutique.com through possession or the control of the majority of rights to vote or to name or remove a majority of Board of Directors; “Metalboutique.com” is Metalboutique.com Srl a socio unico, located in Via Cefalonia 70, 25124 Brescia, Italy; a “buyer” is the person that presents the highest offer for a lot and Metalboutique.com recognizes him/her to be the adjudicatee; “buyer’s premium” is the amount that the buyer must pay to Metalboutique.com according to the sale of any lot and must be a sum equal to 15%, or a similar percentage specified in the information of sale, closing price, plus VAT, if applicable; a “lot with option Buy now” is a lot that can be purchased before the closing date; a “catalogue” is any advertisement, brochure, valuation, price list and another pubblication of Metalboutique.com or its daughter companies; “days available for the pick up” are meant as the period considered for the transfer of the lot from the site, as specified in sale information; “last date for pick up” is at 4pm (local time) of the last day available for the pick up , that is a date and a time different according to agreements beetween the parts; “closing date” is composed of date and time specified in sale information (and is subject to possible extensions in case of offer postponement); “closing price” is the final price at the closing of the auction or, in the case of a lot with option Buy now, is the agreed price that, in any case, excludes the auction premium and any other applicable tax; a “contract” is any contract for purchase and sale of a lot which incorporates and is subject to the current terms and conditions and to any other special applicable condition; “difference” means all the costs of administration, interests, costs for pick up, accidental responsibility, costs (which include, without limitations, parcels, legal costs) and packaging costs, removal and insurane and, accordingto a possible resale, that occurs by private sale or public auction, any deficit between price of original closing and cloring price of the resale, related costs to both sales, sale commission and auction premium on both sales and the possible applicable VAT; “costs”, according to the sale of any lot, are costs and expenses of Metalboutique.com, including but not limited to costs and expenses related to insurance, catalogue adn other reproductions and illustrations, possible custom duties, costs for advertisement, packing and delivery, costs for reproduction rights, costs for test, researches or questions related to any lot and a possible applicable VAT; a “lot” is an item or a set of items put on sale on the Web site; an “online auction” is an individual auction for lot sale by a unique seller or different ones; a “site” is composed by land and constructions at which all the items that form a lot are placed at the sale date, as specified in the sale information; a “sale commission” is the commission that a seller has to deposit to Metalboutique.com, plus VAT, if applicable; a “seller” is the owner or the related authorized agent or the person to which the ownership is entrusted, except for Metalboutique.com or its daughter companies; “special conditions” are any term and condition identified as “special conditions” in the sale information related to a specific lot, including but not limited to sale terms and conditions of the seller; “Marketplace” is the Web site area in which different sellers put on sale a set of items, each one with an own individual closing date; “total amount owed” is the closing price of the sold lot, plus auction premium, VAT, if applicable, possible custom duties or any other tax, cost and expense payable by a buyer or by a defaulting buyer; and “Web site” is www.metalboutique.com

23.1 Concerning to the current terms and conditions: 23.1.1 “we” and “us” refer to Metalboutique.com and “user” refers to the person registered as a Web site user; 23.1.2 singular includes plural and vice versa; 23.1.3 every reference to person includes business entities, non-personified associations, governments, States, partnerships and trusts (in any case, that have or not have a separate legal entity); 23.1.4 titles do not influence our interpretation; 23.1.5 every reference to a statute includes a reference to any modification or reconstruction of it that comes into force occasionally; and 23.1.6 every reference to “lot”, “contract”, or any payment include every part of them. 23.2 Each of our rights or remedies does not compromise any other of our rights or remedies. 23.3 Each clause contained in the present terms and conditions has to be considered indipendent from any other and, in case of the clause contained in the present terms and conditions results to be invalid or not applicable according to applicable law, including but not limited to responsibility limitations, such condition of invalidity or non-applicability will not influence on the validity of remaining terms and conditions, that will keep to be effective. 23.4 Metalboutique.com can complete any of its obligatins or excersise personally any right or through one of any of its daughter companies. Metalboutique.com can assign or undertake a contract or any of its parties and can be realesed or managed in any way any of its rights or interests benefits derived by it. 23.5 The user is not authorized to assign his/her own rights and obligations derived from the present terms and conditions. 23.6 The lacking or delayed or partial imposition of any clasue of the present terms and conditions does not constitute a surrender act by Metalboutique.com of any of its rights. Particularly, a possible extension or relaxing of the last date for the pick up does not compromise and not constitute a surrender act to any compensation in case of any violation of condition n. 12.1. 23.7 A surrender of Metalbutique.com to any compensation in case of any violation by the user does not constitute a surrender of compensation in case of following violations. 23.8 Every notice presented by Metalbutique.com or by the user regarding the present terms and conditions must be sent via e-mail to the other part by using the e-mail address indicated by the user on the registration form or the e-mail address of Metalboutique.cm indicated on the registration confirmation or another possible e-mail address communicated for such purposes.