FLEEQUID DEPOT® SERVICE SPECIFIC TERMS
1. Definitions.
Fleequid Depot® Service Specific Terms (“CSDP” or “Specific Terms”), the definitions contained in the Fleequid® Marketplace General Terms and Conditions (the “General Terms and Conditions”), available in the dedicated section ( https://fleequid.com/it/terms-and-conditions ), which govern the Fleequid Marketplace and are deemed to be fully incorporated and transcribed herein, remain unchanged and fully applicable. Among the terms defined in the General Terms and Conditions—such as, for example, “Seller”, “Buyer”, “User”, “Vehicle”, “Marketplace” and “Service”—the meanings attributed therein shall apply, without exception. For the sole purposes of this Fleequid Depot® Service, the term “Buyer” also includes the registered User who, even if not yet having purchased the Vehicle, requests an In-Person Visit or a Test Drive through the Marketplace.
to) “Depot Operations Center” or “Partner Depot” : the structure, headquarters or establishment identified or previously authorized by Fleequid ® for the performance of the Fleequid Depot® Service activities , including, within the limits of these CSDPs, the reception, control, storage, custody and preparation of the Vehicles, as well as the management of In-Person Visits, the execution of Test Drives and the preparation of the TrustReportPlus .
b) "Delivery Ready Condition " : the minimum state of presentation and handling of the Vehicle required to allow for its logistical management, positioning, internal handling, photographic documentation, and presentation on the Marketplace, including—within the limits of these CSDPs—battery charging or replacement, essential fluid checks or top-ups, minimal interventions for starting and operational safety, routine cleaning, and removal of decals where necessary. It is understood that routine external cleaning and the removal of decals, stickers, logos, trademarks, and identification markings are regulated as included services pursuant to Article 3.2.
c) “ Fleequid Depot® Service” : the optional service made available by Fleequid ® (Adorea Srl) consisting of the storage, custody, preparation for sale and operational and logistical management of the Vehicles delivered by the Seller to a Depot Operations Center, as well as the management of In-Person Visits and Test Drives booked by Buyers via the Marketplace, according to the terms of these CSDP.
d) “ TrustReportPlus ” : The specific information file for the Fleequid Depot® Service, created by Fleequid® or the Depot Operations Center at the time of delivery of the Vehicle and updated during its stay in the Depot, containing — within the limits of these CSDP — the identification data of the Vehicle, the documentation provided by the Seller, the photographic survey (Photo Walkaround ), the notes relating to the external condition and operational accessibility, as well as any other information relevant for the purposes of managing the Fleequid Depot® Service and the presentation of the Vehicle in the Marketplace. The TrustReportPlus has exclusively descriptive, informative and organizational purposes, does not constitute an appraisal, certification or technical evaluation of the Vehicle and does not integrate or modify the declarations made by the Seller pursuant to the General Conditions of the Fleequid® Marketplace .
e) “Photo Walkaround ” : The complete photographic survey of the Vehicle, carried out according to the procedural standards defined by Fleequid ®, aimed at the preliminary visual documentation for the purposes of opening and updating the TrustReportPlus .
f) “Test Drive” : the dynamic test of the Vehicle, where available, carried out by the Purchaser at, or in the immediate vicinity of, a Depot Operations Center, after booking through the Fleequid ® Marketplace and in compliance with the operational and safety procedures established by Fleequid ®.
g) “In-Person Visit” : the activity that can be booked by the Buyer via the Fleequid ® Marketplace, which allows the Vehicle to be physically viewed at the Depot Operations Center, in a dedicated area and under the supervision of authorized personnel, according to the methods and limits established in these CSDP.
2. Object and nature of the Service.
2.1 The Fleequid Depot® Service is an optional, independent service separate from the sales activities carried out through the Fleequid® Marketplace . It is of an exclusively logistical and operational nature and allows the Seller to store, safeguard, handle, and prepare the Vehicle for sale, as well as manage In-Person Visits and Test Drives requested by Buyers through the Marketplace. The Service does not constitute professional storage pursuant to applicable special regulations and does not entail the assumption of any obligations other than those set forth in these Specific Conditions.
2.2 The Fleequid Depot® Service includes, within the limits of these CSDPs, the storage, custody, and surveillance of the Vehicle at a Depot Operations Center, basic preparation for sale, organizational management of the Vehicle presentation, and coordination of In-Person Visits and Test Drives booked by Buyers, as well as the preparation and updating of the TrustReportPlus . These activities are purely material and organizational in nature and do not involve diagnoses, mechanical evaluations, or checks on the condition of the Vehicle, nor do they affect the sales regulations set forth in the General Conditions.
2.3 Any assessment, certification, or guarantee regarding the mechanical, functional, or structural condition of the Vehicle is excluded. The Seller is solely responsible for the truthfulness, completeness, and accuracy of the information and declarations provided regarding the Vehicle. The Fleequid Depot® Service does not provide any guarantee regarding the saleability of the Vehicle, nor does it ensure that In-Person Visits or Test Drives will lead to the conclusion of the sale.
2.4 These Terms and Conditions supplement and specify the Fleequid® Marketplace General Terms and Conditions . For anything not expressly regulated in these Terms and Conditions, the General Terms and Conditions apply in full, including definitions, Marketplace regulations, liability provisions, and sales regulations. Pursuant to Article 3.3 of the General Terms and Conditions, in the event of a conflict or inconsistency between the two regulations, these Terms and Conditions prevail, limited to the regulation of the Fleequid Depot® Service.
3. Services included and excluded.
3.1 The Fleequid Depot® Service includes exclusively the activities expressly indicated in this article, which are to be understood as basic services provided by Fleequid® at the Depot Operations Center, within the limits and according to the methods established in these CSDP.
The included activities concern the storage, custody, and logistical management of the Vehicle for the purpose of its presentation on the Fleequid® Marketplace , without prejudice to the purely organizational nature of the Service and the absence of any evaluation or technical intervention other than those provided for in these CSDP.
3.2 Services included.
Fleequid Depot® Service includes :
· the storage and custody of the Vehicle according to the operational standards of the Depot Operations Center, in compliance with internal procedures and without any additional qualified custody obligations other than those provided for in these CSDP;
· surveillance of the Vehicle within the limits of the procedures applicable at the Depot Operations Center;
· basic preparation for sale, limited to ordinary external cleaning, where applicable, and the removal of stickers, logos, brands and identifying marks on the Vehicle;
· insurance coverage for the Vehicle during its stay at the Depot Operations Center, where and within the limits in which insurance coverage is actually available, and in any case within the limits, under the conditions and with the exclusions provided for in these CSDP;
· the organizational management of the Vehicle during storage, including internal movements strictly necessary for storage, preparation for sale, preparation and updating of the TrustReportPlus and management of In-Person Visits and Test Drives;
· the operational support necessary for the training and updating of TrustReportPlus according to Fleequid ® internal procedures and within the limits of these CSDP;
· the organization, coordination and management of In-Person Visits booked through the Fleequid ® Marketplace;
· the coordination and supervision of Test Drives, within the limits of the availability of the Depot Operations Center and the related operating procedures;
· the minimum logistical management of the Vehicle for the entire duration of its stay in the Depot Operations Center, within the limits set out in these CSDP.
3.3 Optional or paid services.
The following services are not included in the included services and can be activated exclusively upon request of the Seller or Buyer, following prior agreement with Fleequid ® and with any costs to be borne by the requesting party:
· mechanical, diagnostic, bodywork, or other technical services provided by workshops, body shops, or third parties;
· interventions necessary to bring the Vehicle back to Delivery Ready Condition , such as, for example, charging or replacing batteries, checking or topping up fluids, minor replacements, micro-repairs or cosmetic interventions;
· additional services provided by partners or third-party suppliers, including specialized mechanical services, advanced diagnostics, or additional activities not included in the basic services;
· external movements of the Vehicle or internal movements not necessary for the management of the Fleequid Depot® Service;
· extraordinary activities not included in the ordinary processes of the Depot Operations Center, the execution of which involves documented costs, reimbursable by the Seller as provided for in these CSDP.
Fleequid ® does not directly carry out such interventions, and can only facilitate access to third-party suppliers chosen by the Seller or the Buyer, without assuming responsibility for the times, results or quality of the services provided by these parties, who operate with full organizational and professional autonomy.
3.4 Excluded services:
Fleequid Depot® Service , and are not included in any case in the services owed by Fleequid ®:
· mechanical, electrical or electronic repairs to the Vehicle, including advanced diagnostics and technical checks of any kind;
· bodywork, painting, aesthetic restoration or other bodywork activities ;
· external transport or logistics services of the Vehicle, such as collection, delivery, road transfers or movements to locations other than the Depot Operations Center;
· Vehicle document management, including – by way of example – PRA procedures, registrations, inspections, ownership transfers or administrative requests;
· any sales, brokerage, representation or promotion of the Vehicle on behalf of the Seller;
· any liability relating to defects, faults, breakdowns, mechanical deficiencies, condition of use of the Vehicle or truthfulness of the declarations made by the Seller;
· interventions, activities or movements not previously planned or authorised according to Fleequid ® internal procedures;
· continuous or 24/7 surveillance, skilled custody, or other levels of supervision not provided for by Depot Operations Center standards;
· any additional or different service to those included in paragraph 3.2 or which can be activated pursuant to paragraph 3.3.
3.5 The Seller acknowledges and agrees that the Fleequid Depot® Service operates exclusively with reference to the activities expressly included in these CSDP. Anything not indicated as included pursuant to this article shall be deemed excluded, without prejudice to the possibility of activating optional or paid services pursuant to paragraph 3.3.
4. Effective date, duration, conditions of effectiveness and consideration.
4.1 The Fleequid Depot® Service begins exclusively from the moment Fleequid® notifies the Seller of the Vehicle's acceptance at the Depot Operations Center, following a preliminary verification of its operational suitability for storage at the Depot.
This verification is purely logistical in nature and does not involve any technical, mechanical, or functional evaluation of the Vehicle. Until formal notification of acceptance, Fleequid® assumes no obligation to store, maintain, or manage the Vehicle, nor is it responsible for its presence at the Depot Operations Center.
4.2 The Service is effective only when the following conditions are fully met:
a) delivery of the Vehicle material to the Depot Operations Center;
b) delivery to Fleequid ® of the minimum required documentation, including keys and additional documents indicated in internal procedures;
c) Seller's adherence to the sales exclusivity period applicable to the Vehicle pursuant to the General Conditions of the Fleequid ® Marketplace;
d) acceptance of these CSDP;
e) positive outcome of the preliminary verification of the operational suitability of the Vehicle.
In the event of failure, incomplete or late fulfillment of even one of the aforementioned conditions, the Service will not be considered activated and the Vehicle must be immediately collected by the Seller, at his own risk and expense.
4.3 The ordinary duration of the Fleequid Depot® Service is set at six (6) months starting from the communication of acceptance of the Vehicle, a period which coincides with the duration of the sales exclusivity. After this ordinary period, the Fleequid Depot® Service continues to apply without interruption, under the same conditions as set out in these CSDP, until Fleequid® , pursuant to the General Conditions of the Fleequid® Marketplace , still has the right to sell the Vehicle under an exclusive regime, or until the Seller or Fleequid® order the termination or cancellation of the Service, by means of written communication sent in accordance with the methods set out in these Specific Conditions. The termination of the Service entails the obligation for the Seller to arrange for the collection of the Vehicle within the deadline communicated by Fleequid® , at his own risk and expense. In the event of failure to collect the Vehicle within the indicated time frame, Fleequid ® may adopt the operational measures strictly necessary for the logistical management of the Vehicle, including its relocation to a separate area or other suitable location, excluding any liability of Fleequid ® for any deterioration not attributable to fraud or gross negligence.
4.4 The Fleequid Depot® Service is provided free of charge, except as provided in the following paragraphs. However, the Seller remains responsible for:
a) the costs necessary to bring the Vehicle back to Delivery Ready Condition , including battery charging or replacement, fluid checks or top-ups and minor restoration work;
b) the costs of optional or paid services requested by the Seller or the Buyer pursuant to art. 3.3 as well as any additional costs relating to services, activities or interventions on the Vehicle not expressly included among the services provided therein or excluded pursuant to art. 3.4, provided that such services, activities or interventions are previously and specifically agreed in writing between the Seller and Fleequid ®;
c) any costs for handling, additional storage or transfer of the Vehicle made necessary for operational, logistical or security reasons, following the termination of the Service, if the Seller does not promptly collect the Vehicle within the timeframe communicated by Fleequid ®;
These activities constitute additional services and are performed upon prior agreement with the Seller, without this implying any obligation for Fleequid ® to provide or make available additional services other than those expressly classified as included pursuant to art. 3.2 of these CSDP.
4.5 The Seller may request Fleequid® 's authorization for early collection of the Vehicle. If Fleequid® grants such authorization, collection will be carried out according to the methods, times, and operating instructions communicated by Fleequid®, and will be performed at the Seller's expense, risk, and expense. It is understood that any early collection, if authorized, will not affect the period of exclusivity applicable to the Vehicle pursuant to the General Conditions, which remains fully effective for the agreed duration.
4.6 Without prejudice to Fleequid ® 's right to suspend the Service activities as a precautionary measure, Fleequid ® has the right to declare the termination and forfeiture of the Seller from the Fleequid Depot® Service, with immediate effect, by means of written communication, if the Seller:
a) violates the obligation of exclusive sales;
b) uses or allows the Vehicle to be used by third parties without the authorization of Fleequid ®;
c) hinders or fails to cooperate with organizational, logistical, or preliminary activities;
d) makes false, incomplete or non-compliant declarations;
e) fails to reimburse the costs necessary to put the Vehicle into Delivery Ready Condition or other expenses provided for in these CSDP;
f) collect, transfer or allow the external movement of the Vehicle without the prior written authorization of Fleequid ®.
In such cases, if the Vehicle is still at a Depot Operations Centre or otherwise at the disposal of Fleequid ®, the Seller is required to immediately collect the Vehicle, at its own risk and expense, according to the operating instructions communicated by Fleequid ®, without prejudice to Fleequid ®'s rights to recover the costs incurred and to compensation for any further damages.
4.7 In the event of a breach by the Seller of the above obligations, the Seller will be required to pay Fleequid ®, pursuant to art. 1382 of the Italian Civil Code, a penalty of Euro 3,000.00 (three thousand/00) for each Vehicle affected and for each event, if the breach concerns the use or granting of use of the Vehicle to third parties without Fleequid ®'s authorization, the obstruction or failure to cooperate in organizational, logistical or preliminary activities, the provision of false, incomplete or non-compliant declarations with the required information, the failure to reimburse the costs necessary to put the Vehicle into Delivery Ready Condition or other expenses envisaged in these CSDP, or the collection, transfer or external handling of the Vehicle without the prior written authorization of Fleequid ®. However, if the violation concerns the exclusivity of sale and the Vehicle is in storage at a Depot Operations Center or otherwise available to Fleequid® , an additional penalty of €3,000.00 (three thousand/00) will be added to any penalties applicable under the Fleequid® Marketplace General Terms and Conditions for each affected Vehicle and for each event. In any case, Fleequid® reserves the right to reimbursement for costs incurred pursuant to these CSDP and the Fleequid® Marketplace General Terms and Conditions , as well as compensation for any further damages, pursuant to the law.
5. Limits of liability, maximum amounts and compensation.
5.1 Fleequid® 's liability with respect to the Fleequid Depot® Service is limited to the services expressly provided for in these CSDP and does not extend to activities other than or other than those indicated in Article 3. Fleequid® is liable exclusively for direct material damage suffered by the Vehicle during its stay at the Depot Operations Center, provided that it arises immediately and directly from the execution of internal storage or handling activities strictly necessary for the performance of the Service and exclusively in cases of willful misconduct or gross negligence by Fleequid® personnel or the Depot Operations Center.
5.2 Fleequid ® excludes any liability for:
a) damage resulting from wear and tear, age, condition of use or lack of maintenance of the Vehicle;
b) pre-existing mechanical, electrical, electronic or structural defects;
c) deterioration not attributable to the activities covered by the Service;
d) movements or uses of the Vehicle not authorised by Fleequid ®;
e) presence on board the Vehicle of goods, objects, equipment or documents not removed by the Seller.
5.3 Where and to the extent insurance coverage is actually available, the Vehicle is covered by an insurance policy stipulated by Fleequid® or the Depot Operations Center for the risks of theft, fire, and other accidental events as set forth in the relevant policy conditions for the entire duration of the storage period. The coverage applies exclusively within the limits, maximum coverage, deductibles, and exclusions set forth in the policy, which are hereby incorporated into their entirety. The compensation awarded by the insurer, where the risk is insured, constitutes the maximum limit of Fleequid® 's financial exposure for the insured risks. Fleequid® is not liable in the event of:
· specific exclusion provided for in the policy;
· total or partial rejection of the claim by the insurer;
· risks that are not insurable, not covered or for which insurance coverage is not available, also due to the characteristics of the Vehicle, its condition or the documentation provided by the Seller.
5.4 Fleequid® 's total liability for damage to the Vehicle resulting from the Service may in no event exceed the market value of the Vehicle at the time of the damaging event, determined on the basis of market prices or other sources reasonably adopted by Fleequid® . Compensation will be paid within the limits of the amounts actually recognized by the insurance company, less any deductibles provided for in the policy.
5.5 Fleequid ® shall not be liable for any indirect or consequential damages, including but not limited to:
· loss of value of the Vehicle;
· technical stop;
· loss of profits or loss of sales opportunities;
· transportation or temporary replacement costs;
· commercial prejudices.
5.6 Fleequid® is not liable for damages caused by third parties, vandalism, malicious acts or negligence by parties unrelated to the Service, nor for damages attributable to the Depot Partner when it provides additional, independent services not included in the activities envisaged by these CSDP. The insurance coverage remains valid within the limits set forth in paragraph 5.3.
5.7 In any case, Fleequid ® is not liable for damages attributable to unforeseeable circumstances, force majeure, atmospheric agents, natural disasters or other external events not attributable to Fleequid ® or those which occur in the absence of valid insurance coverage.
5.8 This regulation is coordinated with the General Conditions of the Fleequid ® Marketplace, which continue to apply for everything not expressly regulated in these CSDP.
6. Seller's obligations.
6.1 The effectiveness and continuation of the Fleequid Depot® Service are subject to the correct and timely fulfillment of the obligations set forth in these CSDP and the General Conditions. The Seller must physically deliver the Vehicle to the Depot Operations Center in order to allow for its safe handling, positioning, and management, providing Fleequid® with all the minimum required documentation, including:
· vehicle registration document;
· delivery checklist;
· declarations on the condition of the Vehicle;
· maintenance history where available;
· keys and devices necessary for starting and internal movement.
The Seller declares to have full availability of the Vehicle and to be entitled to transfer it, assuming responsibility for the truthfulness, completeness and correctness of the information and documentation provided.
6.2 The Vehicle must be delivered in conditions that do not compromise the safety of Depot Operations Center personnel or cause harm to other Vehicles or Depot facilities. In particular, the Vehicle:
· must not contain any hazardous, flammable or non-permitted materials;
· must not contain goods, equipment or personal property other than those included in the equipment;
· must not present significant fluid leaks, fire risks or anomalies that impede movement;
· cannot be delivered in a non-functioning or non-circulating state, unless prior written authorization is obtained from Fleequid ®, which may make acceptance subject to preliminary checks or minimal interventions to be carried out by the Seller.
6.3 The Seller is required to fully reimburse the costs necessary to return the Vehicle to the minimum presentation and handling conditions (Delivery Ready Condition ), including:
· recharging or replacing batteries;
· checks or top-ups of essential fluids;
· minimal interventions for start-up and operational safety.
The publication of the Vehicle on the Marketplace, as well as the management of In-Person Visits and Test Drives, remain suspended until these amounts have been paid in full.
Fleequid ® is not required to advance any costs that are not previously authorized or documented according to its internal procedures.
6.4 The Seller is expressly prohibited from:
· use the Depot to store spare parts, batteries or irrelevant materials;
· access the Depot Operations Center without authorization;
· intervene directly on the Vehicle or appoint third parties without prior written consent from Fleequid ®;
· carry out unauthorized movements;
Fleequid ® 's organizational or logistical activities .
Any unauthorized intervention constitutes a violation of these CSDP and may result in suspension or termination of the Service.
6.5 The Seller must cooperate in good faith with Fleequid® in arranging In-Person Visits and Test Drives requested by Buyers through the Marketplace, promptly providing all information useful for the proper presentation of the Vehicle. The Seller must also refrain from conduct that hinders or delays the activities of the Depot Operations Center staff or compromises their proper execution, including unjustified refusals, failure to provide information, or behavior incompatible with the purposes of the Depot Service.
6.6 Failure to comply, even partially, with the obligations set out in these CSDP or in the current General Conditions, as applicable to the Fleequid Depot® Service, constitutes grounds for immediate suspension or termination of the Fleequid Depot® Service, with Fleequid® consequently has the right to terminate the Fleequid Depot® Service agreement by law, pursuant to and for the purposes of Article 1456 of the Civil Code, by means of written notice to the Seller sent in accordance with the procedures set out in Article 14, without the need for a formal notice to comply or the granting of further terms. The termination declaration takes effect immediately and entails:
· the cessation of all activities by Fleequid ®;
· the suspension or revocation of the publication of the Vehicle on the Marketplace;
· the cancellation of scheduled In-Person Visits and Test Drives;
· the obligation for the Seller to arrange for the immediate collection of the Vehicle, at his own risk and expense, if the Vehicle is still at the Depot Operations Centre or in any case at the disposal of Fleequid ®;
· if, however, the Vehicle has already been withdrawn, transferred or moved externally by the Seller in violation of these CSDP, the obligation for the Seller to immediately remedy the breach and, where requested by Fleequid ®, to return or make the Vehicle available again according to the operating instructions communicated.
Fleequid ® reserves the right to recover any costs already incurred and to seek compensation for any further damages, as well as to apply the remedies provided for in the General Conditions of the Fleequid ® Marketplace.
Procedure for delivering the Vehicle and opening the TrustReportPlus .
7.1 The procedure for delivering the Vehicle to the Depot Operations Center constitutes an essential condition for the activation of the Fleequid Depot® Service pursuant to Article 4. It begins with the physical delivery of the Vehicle by the Seller, according to an appointment previously agreed with Fleequid ®. With the delivery, the internal procedure called TrustReportPlus is started , which is considered formally open and full only upon completion of check-in and the activities referred to in the following paragraphs, according to Fleequid ® operating standards .
7.2 Delivery of the Vehicle involves carrying out a formal check-in, which includes:
· Vehicle identification (license plate, VIN, mileage and other available identifying elements);
· verification of the essential documentation provided by the Seller, including keys and devices necessary for starting and the minimum documentation required pursuant to Article 6;
· the assessment of the external and internal condition of the Vehicle, limited to immediately perceptible aspects, exclusively for the purposes of ascertaining its operational eligibility for the Service.
This finding does not constitute a technical assessment or a diagnostic or mechanical evaluation, in accordance with Articles 2 and 3.
7.3 At check-in, a complete photographic survey of the vehicle (Photo Walkaround ) is performed, according to the procedural standards defined by Fleequid® for preliminary visual documentation. The collected images are entered into the TrustReportPlus and form an integral part of the internal documentation. Any visual anomalies found are noted without this resulting in:
· assumption of responsibility for omissions that are not intentional or not grossly negligent;
· expert assessment or confirmation of the mechanical or functional condition of the Vehicle, pursuant to Article 2.3.
7.4 The TrustReportPlus , created at the time of delivery and updated during the Vehicle's stay in the Depot Operations Center, contains:
· Vehicle identification data;
· documentation provided by the Seller;
· photographic collection;
· notes relating to the external condition and operational accessibility;
· any further information relevant for the sole purposes of managing the Service pursuant to Articles 3 and 6.
The TrustReportPlus is the information file used by Fleequid® to update the Vehicle's listing on the Marketplace, within the limits of the visual, logistical, and documentary activities provided for in these CSDP. The information collected in the TrustReportPlus is for descriptive purposes only and does not constitute a technical diagnosis, appraisal, or mechanical inspection. It does not modify or supplement the information and declarations provided by the Seller pursuant to Article 6.
7.5 Check-in and opening of the TrustReportPlus must be completed in full upon delivery, unless prior written authorization for any delays is obtained. If any documentation is missing, incomplete, or inconsistent, or if it is not possible to complete the procedure according to Fleequid® operating standards , the Vehicle cannot be accepted and the Service will not be considered activated pursuant to Article 4. Any additional documentation requested by Fleequid® must be submitted within the mandatory deadlines communicated, under penalty of failure to open or suspension of the TrustReportPlus and suspension of the activities referred to in Articles 3 and 4.
7.6 Until the delivery procedure is completed and the TrustReportPlus is opened , Fleequid® assumes no obligation to store, supervise, or handle the Vehicle and is not liable for any damages or costs arising from the Vehicle's presence at the Depot Operations Center, in accordance with Article 4.1. Any temporary handling, storage, or collection costs made necessary by failure to comply with the procedure shall be borne entirely by the Seller, without prejudice to Fleequid® 's rights in the event of non-compliance pursuant to Article 6.
7.7 The Seller acknowledges that the TrustReportPlus has exclusively descriptive and organizational purposes and that its content is based on the information, declarations and documentation provided by the Seller, as well as non-expert visual findings. The Seller undertakes to indemnify and hold Fleequid® and, where different, the Depot Operations Center fully harmless from any request, claim, dispute, action or request for compensation made by Buyers or third parties in any way founded on or connected to the content of the TrustReportPlus , including those deriving from inaccuracies, incompleteness, omissions, discrepancies or errors in the TrustReportPlus , even if such inaccuracies, incompleteness, omissions or errors are attributable, in whole or in part, to Fleequid® or the Depot Operations Center, with the sole exception of cases of willful misconduct or gross negligence by Fleequid® or the Depot Operations Center. The indemnity is effective on a first-come, first-served basis and includes any costs, charges, expenses, losses or damages, including legal and defense fees, incurred by Fleequid ® or the Depot Operations Center in connection with the aforementioned claims.
7.8 The Seller expressly authorizes Fleequid® to use, communicate, disseminate and make accessible the TrustReportPlus , in whole or in part, through the Fleequid® Marketplace , its digital platforms, information tools and any other operational or technological channel used by Fleequid® , exclusively for purposes related to the management of the Fleequid Depot® Service, the promotion of the Vehicle and the facilitation of sales activities. The Seller is required to promptly report any inaccuracies in the TrustReportPlus compiled by Fleequid® in the Vehicle sales sheet on the Marketplace. The Seller hereby waives any claim, dispute or right of opposition in relation to the publication, communication or availability of the TrustReportPlus towards Buyers, registered Users or interested third parties, without prejudice to the provisions of the General Conditions of the Fleequid® Marketplace and the applicable legislation on the protection of personal data.
8. Visits, Test Drives and operational management of the Vehicle.
8.1 In-Person Visits and Test Drives constitute operational phases of the Fleequid Depot® Service and may be carried out exclusively in compliance with this article, the CSDP and the internal procedures of the Depot Operations Center. All access to the Vehicle is subject to prior booking through the Fleequid® Marketplace or through Customer Support, with written confirmation from Fleequid® . Fleequid® independently establishes the days, times and methods of access, based on operational availability. The Seller cannot organize or facilitate independent visits, private meetings or demonstrations outside of the official booking system.
8.2 Access to the Depot Operations Center is permitted only to individuals previously identified and authorized by Fleequid® , who must fully comply with the instructions of designated personnel and internal safety, hygiene, and handling regulations. Access to the operational areas is limited and constantly supervised. Fleequid® may suspend, postpone, or refuse visits for organizational reasons, safety reasons, or vehicle conditions incompatible with the requested activities, in accordance with Articles 2, 3, and 5.
8.3 Visitors must behave diligently and prudently, respecting the instructions given by Depot Operations Center staff. The following are prohibited, for example:
· boarding the Vehicle without authorization;
· starting, moving or operating controls;
· opening of compartments or interventions on mechanical or electrical components;
· introduction of unauthorized tools, equipment or materials.
Violation of safety rules will result in immediate termination of the visit and removal of the individual concerned, without prejudice to further measures necessary to maintain order and safety.
8.4 Any damage caused by the visitor to the Vehicle, its structures, other vehicles present, or to third parties during In-Person Visits or Test Drives will be entirely the responsibility of the responsible party. If the damage is attributable to untruthful or incomplete information provided by the Seller, to unauthorized access, or to situations created or encouraged by the Seller in violation of Articles 6 and 7, Fleequid ® may seek compensation from the Seller on a subordinate basis, without prejudice to the provisions regarding liability and indemnity contained in these CSDP and in the GTC.
8.5 The Test Drive, where permitted by the Depot Operations Center and limited to authorized areas and routes, may be conducted by the Buyer or a person authorized by the Buyer, exclusively under the supervision of personnel appointed by Fleequid® or the Depot Operations Center. The Test Drive consists of a basic dynamic check of the Vehicle; it does not constitute an exhaustive technical test nor does it imply professional assessments of the mechanical condition or overall functionality. It may be excluded, limited, or interrupted for safety reasons, Vehicle condition, or unsuitable weather conditions. Conducting the Test Drive does not imply any assumption of guarantee by Fleequid® regarding the condition of use or mechanical quality of the Vehicle, which aspects remain governed by the GTC and the Seller's responsibilities pursuant to Articles 2.3 and 6.
8.6 The provisions of these Terms of Service, particularly those relating to liability (Article 5), the Seller's obligations (Article 6), and the delivery procedure (Article 7), also apply to In-Person Visits, Test Drives, and all operational activities governed by this Article. No technical, diagnostic, or specialized inspection activity may be performed by visitors, and no unauthorized handling of the Vehicle is permitted. Any failure to comply will result in the immediate termination of the ongoing activity, without prejudice to the application of the remedies provided for in these Terms of Service and the General Terms and Conditions.
9. Exclusions from the Service.
9.1 Subject to the provisions of Articles 2, 3, and 5, the Fleequid Depot® Service operates exclusively within the strict limits of these Terms of Service and does not involve any evaluation, diagnosis, technical verification, mechanical inspection, or certification of the Vehicle's condition. Therefore, all activities aimed at ascertaining or guaranteeing the functionality, reliability, conformity, or mechanical, electrical, or structural suitability of the Vehicle are excluded. The condition and characteristics of the Vehicle remain entirely the Seller's responsibility.
9.2 Natural deterioration consistent with time, use, and previous maintenance of the Vehicle, such as—but not limited to—battery discharge or decay, low fluid levels, oxidation or corrosion, micro-alterations to surfaces , or ageing, are excluded from the Service and do not generate liability for Fleequid®. Such events cannot constitute compensable damages pursuant to Article 5.1, except in the case of willful misconduct or gross negligence by Fleequid® or the Depot Operations Center.
9.3 The consequences deriving from the following are not included in the Service and cannot generate liability for Fleequid ®:
· incorrect, incomplete or misleading information provided by the Seller;
· delays, omissions or refusals relating to the interventions necessary to bring the Vehicle back to Delivery Ready Condition ;
· failure to disclose Vehicle conditions relevant to safety or operation;
· failure to comply with the obligations set forth in Articles 4, 6 and 7.
In such cases, the impossibility of continuing the Service is not attributable to Fleequid ®, and all consequent costs and charges remain the responsibility of the Seller.
9.4 The Service does not include, and cannot generate liability for Fleequid ®, the following consequences:
· improper use of the Vehicle by the Seller, its representatives or third parties;
· autonomous movements or shifts not authorised by Fleequid ®;
· irregular or unauthorized access to the Depot Operations Center;
· interventions, inspections, manipulations or repairs carried out without prior written authorization from Fleequid ®.
Any damage caused to the Vehicle, other vehicles or structures will be entirely borne by the responsible party, without prejudice to the Seller's obligation to indemnify Fleequid ® pursuant to these CSDP and the GTC.
9.5 Fleequid ® is not liable for damages resulting from external events not attributable to its conduct, such as:
· fortuitous event or force majeure;
· exceptional weather events and natural disasters;
· vandalism or malicious acts by third parties;
· total or partial thefts;
· other events not attributable to intent or gross negligence on the part of Fleequid ® or the Depot Operations Center.
Any compensation will apply exclusively within the limits and under the conditions of the insurance policy referred to in Article 5.3; outside of the scope of the policy, no compensation obligation can be attributed to Fleequid ®.
9.6 The Fleequid Depot® Service operates exclusively in relation to the activities expressly included in these TOSDP. Anything not explicitly indicated as included is excluded. No operating practice, communication, or tolerance may be construed as an implicit extension of the Service beyond the limits of these TOSDP and Article 5.
10. Territorial scope.
10.1 The Fleequid Depot® Service is operated exclusively within the Depot Operations Centers expressly authorized by Fleequid® and indicated in the pre-contractual documentation, in official communications, or through updates published on the Marketplace in accordance with the methods set forth in the General Conditions. Initially, the Service is active only at Depot Operations Centers located in the Italian Republic, except for any territorial extensions decided by Fleequid® and communicated to Users pursuant to the General Conditions. The list of authorized Depot Operations Centers may be modified or updated unilaterally by Fleequid® for organizational, logistical, or technical reasons, without prejudice to the obligation to inform Users as set forth in the General Conditions.
10.2 The Service does not operate outside of the authorized Depot Operations Centers. Fleequid® does not provide storage, handling, sales preparation, management of In-Person Visits or coordination of Test Drives in locations other than those identified as Depot Operations Centers pursuant to Article 1, letter a). Any transfer, storage or permanence of the Vehicle outside of the authorized Depot Operations Centers, not previously agreed upon and authorized by Fleequid® , will result in the automatic suspension of the Service and, in the event of unauthorized transfer or persistent non-fulfilment by the Seller, may result in the forfeiture of the Service pursuant to Articles 4.6, 6.6 and 9.4, without prejudice to Fleequid® 's right to request the immediate withdrawal of the Vehicle and compensation for further damages.
10.3 The Fleequid Depot® Service may be temporarily suspended in the event of total or partial unavailability of one or more Depot Operations Centers due to technical, logistical, regulatory, safety reasons, or other circumstances that make proper provision of the Service impossible or imprudent. During the suspension, Fleequid® is not required to perform any operational, handling, or presentation activities of the Vehicle, without prejudice to:
· the minimum obligations set forth in the General Conditions and applicable regulations;
· the limits of liability and insurance coverage referred to in Article 5.
If the suspension continues for a period such that the Vehicle's permanence in the Depot becomes unsustainable, Fleequid ® may request the Seller to collect the Vehicle within a reasonable time frame, at its own risk and expense, without this entailing any further liability beyond that set out in Article 5.
10.4 The Vehicle delivered as part of the Fleequid Depot® Service may be managed exclusively within the area of the authorized Depot Operations Center, in compliance with the internal procedures and logistical limits established by Fleequid® . Any use, movement, temporary exit or transfer of the Vehicle outside the Depot Operations Center must be previously authorized in writing by Fleequid® . Such operations – where permitted – constitute additional or separate services pursuant to Articles 3.3 and result in the automatic suspension of the Service for the entire duration of the external movement. In the event of unauthorized transfer or transfer carried out in violation of these CSDP, Articles 4.6, 6.4, 6.6 and 9.4 shall apply, excluding Fleequid® 's liability for any damaging event occurring outside the Depot Operations Center.
11. Complaints and dispute resolution.
11.1 Without prejudice to the General Conditions of the Fleequid® Marketplace — which generally regulate the management of complaints, communications between Users and Fleequid® and dispute resolution mechanisms — any complaints, reports or disputes relating to the Fleequid Depot® Service must be submitted exclusively in writing by the Seller (and, where applicable, by the Buyer for profiles directly connected to the storage, custody, In-Person Visit or Test Drive activities) by sending an email to the dedicated email address claims@fleequid.com . The complaint must contain at least: (i) the identification data of the person submitting it; (ii) the reference to the Vehicle and the related TrustReportPlus ; (iii) a clear and complete description of the facts that are the subject of the complaint; (iv) any document useful for evaluating the complaint.
11.2 Communications sent through channels other than the one indicated in paragraph 11.1 are not considered valid for the sole purpose of activating the internal complaints management procedure. Without prejudice to any different effect recognized by the General Conditions or by law, Fleequid ® examines the complaint and may request additional documentation or clarifications. Except in particularly complex cases, Fleequid ® provides a reasoned response within thirty (30) days of receiving the complete complaint. Submitting a complaint does not suspend the Service nor does it constitute an acknowledgement of liability on the part of Fleequid ®.
11.3 Where possible, and without prejudice to the lack of liability for the profiles excluded by Articles 2, 3, 5, and 9 of these Specific Conditions, Fleequid® may intervene with the Seller, Buyer, or other interested Users to facilitate an amicable resolution of disputes relating to the performance of the Fleequid Depot® Service. This activity is purely conciliatory in nature and does not entail changes to the contractually established limits of liability.
11.4 Any dispute concerning the interpretation, validity, effectiveness, or execution of these Specific Conditions, or related to the activities provided within the Fleequid Depot® Service, is subject to preliminary mandatory mediation, initiated by the Mediation Body established at the Como-Lecco Chamber of Commerce, in accordance with its regulations. Mediation constitutes a condition for admissibility of legal or arbitration action pursuant to applicable law.
11.5 If mediation is unsuccessful, or a conciliatory solution is not reached, any dispute relating to the Fleequid Depot® Service and/or these Specific Conditions will be referred to the Milan Arbitration Chamber for resolution by arbitration according to law, in accordance with the applicable arbitration rules. The arbitration will be decided by a sole arbitrator, or by a panel of three arbitrators where provided for by the applicable rules. The arbitration will be held in Milan, and the language of the proceedings will be Italian, unless otherwise agreed in writing by the parties.
11.6 In any case, the right to appeal to the Court of Como for the adoption of precautionary or emergency measures remains unaffected, as well as for disputes that, by law or by express exclusion, do not fall within the scope of the arbitration clause referred to in paragraph 11.5. For such disputes, the Court of Como is conventionally designated as the exclusive jurisdiction, without prejudice to any mandatory jurisdictions established by applicable law.
12. Force majeure.
12.1 Fleequid® shall not be liable for any delay or failure to perform, in whole or in part, the activities envisaged by the Fleequid Depot® Service if such delay or failure results from a force majeure event, defined as an event that is not reasonably foreseeable, unavoidable, and beyond the control of Fleequid® . Force majeure events include, but are not limited to: natural disasters (such as fires, floods, earthquakes, storms), wars, riots, acts of terrorism, general or industrial strikes affecting the operational continuity of the Depot Operations Center, interruptions to essential services (electricity, water, network connections, IT systems), governmental measures or regulatory changes, as well as any other external event that makes it impossible or imprudent to fulfill contractual obligations.
Likewise, events that directly affect the Depot Operations Center, the Depot Partner or its critical suppliers (e.g. unavailability of premises, uninhabitability, seizure, suspension or revocation of operating permits) are classified as force majeure events, provided they are not attributable to Fleequid ®.
12.2 In the event of a force majeure event, Fleequid® 's performance of its contractual obligations is automatically suspended for the duration of the event and for the time strictly necessary to resume operations, without this giving rise to liability, compensation, or damages. However, obligations not affected by the event remain fully valid and enforceable, in accordance with these Specific Conditions and the General Conditions of the Fleequid® Marketplace .
12.3 If the Force Majeure Event continues for more than thirty (30) consecutive days, either Party may terminate the Fleequid Depot® Service by giving written notice to the other Party. Termination shall not affect any obligations already accrued prior to the occurrence of the Force Majeure Event — which shall remain due in full — nor shall it affect Fleequid® 's right to recover costs incurred pursuant to Articles 4, 6 and 9, nor Fleequid® 's rights in relation to any damages arising from breaches of the Seller's obligations not related to the Force Majeure Event.
13. Unilateral changes.
13.1 Fleequid® may modify, update, or supplement these Fleequid Depot® Service Specific Terms and Conditions at any time, in accordance with Article 3 of the Fleequid® Marketplace General Terms and Conditions, in order to adapt them to new technical, operational, organizational, or regulatory requirements. Amendments will be published on the official Fleequid® website www.fleequid.com or made available within the Marketplace, in accordance with the methods indicated in the General Terms and Conditions, and will become binding on the User from the effective date indicated by Fleequid® or, failing that, from the date of their publication.
13.2 The changes do not affect Services already activated and in force, which continue to be governed by the version of the Specific Conditions in force at the time of activation of the Service, unless the changes arise from legal obligations or provisions of the competent authorities, in which case they will take effect immediately.
13.3 The use or continuation of use of the Fleequid Depot® Service following the publication of the changes implies full acceptance of the same by the User, without prejudice to the provisions of Article 3 of the General Conditions for existing relationships.
14. Communications.
14.1 Except as provided in Article 11 (Complaints), all communications between Fleequid® and the Seller relating to the Fleequid Depot® Service must be made in writing and sent by email to the addresses declared by the Parties pursuant to the Fleequid® Marketplace General Conditions . The Seller is responsible for updating its contact details and ensuring they remain functional at all times.
14.2 Communications are considered valid and fully effective when sent by Fleequid® to the email address associated with the Seller's Marketplace Account, regardless of whether the message has actually been read or opened, in accordance with the General Conditions. Any automated communications generated by the Marketplace or Fleequid® 's information systems remain unaffected , and are effective upon sending.
14.3 Any communications from the Seller to Fleequid® must be sent to the official addresses indicated in the General Conditions or in the dedicated sections of the Marketplace, as well as to any other contact details that Fleequid® may communicate according to the methods set forth in the General Conditions. Communications sent via other channels will have no effect unless expressly confirmed in writing by Fleequid® .
14.4 Without prejudice to the foregoing, Fleequid® may request, for specific contractually relevant transactions (such as requests for immediate collection of the Vehicle or communications regarding the termination of the Service), the use of additional means such as registered mail with return receipt or express courier. In such cases, the communication is considered completed upon dispatch by Fleequid® , unless otherwise provided in the General Conditions.
14.5 For anything not expressly regulated in this article, the rules on communications set out in the General Conditions of the Fleequid ® Marketplace shall apply, which are deemed to be fully incorporated herein.
15. Final provisions.
15.1 These Specific Conditions supplement and specify the General Conditions of the Fleequid® Marketplace , which apply to all matters not expressly regulated herein. In the event of a conflict between the general and specific regulations relating to the Fleequid Depot® Service, these Specific Conditions shall prevail, limited to aspects inherent to the Service itself, in accordance with the provisions of Article 3.3 of the General Conditions.
15.2 The Seller may not assign, transfer, or otherwise dispose of, in whole or in part, the contract relating to the Fleequid Depot® Service or the rights or obligations arising therefrom without the prior written consent of Fleequid® . It is understood that Fleequid® may assign or transfer the contract to companies within its group, to operating partners, or to third parties taking over the provision of services, in compliance with the General Conditions and applicable laws.
15.3 The invalidity, nullity, or unenforceability of one or more provisions of these Specific Conditions does not affect the validity of the remaining provisions, which will remain valid, effective, and fully binding on the Parties. Invalid or unenforceable provisions will be replaced by mandatory provisions or valid clauses that, in terms of structure and purpose, conform as closely as possible to the spirit and function of the replaced clause.
15.4 The Fleequid Depot® Service is governed exclusively by these Specific Terms, the Fleequid® Marketplace General Terms and Conditions , and any official communications from Fleequid® relating to the operational aspects of the Service. No tolerance, operating practice, omission, or conclusive conduct by Fleequid® may be construed as an implicit modification of these Specific Terms or a waiver of any rights arising from them, unless expressly waived in writing by Fleequid® .
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Seller expressly declares to have read, understood and accepted the following clauses of the Fleequid Depot® Specific Service Conditions: Art. 4.1 (start of the Service and exclusion of obligations prior to acceptance); Art. 4.2 (conditions of effectiveness and obligation to collect the Vehicle); Art. 4.3 (duration of the Service, obligation to collect and operational measures with limitations of liability); Art. 4.4 (charges and costs borne by the Seller); Art. 4.5 (early collection subject to authorization by Fleequid ®); Art. 4.6 (termination or immediate forfeiture of the Service, consequent obligations and remedies); Art. 4.7 (penalty clause and accumulation of penalties); Art. 5.1 (limitation of Fleequid ®'s liability); Art. 5.2 (exclusions of liability); Art. 5.3 (limits and exclusions of insurance coverage); Art. 5.4 (maximum limit of liability); Art. 5.5 (exclusion of indirect or consequential damages); Art. 5.6 (exclusion of liability for third parties and independent services); Art. 5.7 (exclusion of liability for unforeseeable circumstances and force majeure); Art. 6.3 (obligation to reimburse costs and suspension of activities); Art. 6.4 (prohibitions against the Seller and consequences); Art. 6.6 (express termination clause pursuant to art. 1456 of the Italian Civil Code); Art. 7.5 (suspension or failure to activate the Service); Art. 7.6 (exclusion of obligations and responsibilities during the procedural phase); Art. 7.7 (indemnity in favor of Fleequid ® and/or the Depot Operations Center); Art. 7.8 (authorizations and waivers relating to TrustReportPlus ); Art. 8.1 (limitations on visits and unilateral determination of the methods); Article 8.4 (Liability for damages and right of recourse); Article 8.5 (Limitations and interruption of the Test Drive); Article 8.6 (Extension of obligations, responsibilities and remedies to visits and test drives); Article 9.2 (Exclusion of damages due to natural deterioration); Article 9.3 (Exclusion of liability and charging of costs); Article 9.4 (Indemnity obligations for unauthorized access or interventions); Article 9.5 (Compensation limits and insurance coverage); Article 9.6 (Irrelevance of practices or tolerances); Article 10.2 (Suspension and forfeiture for unauthorized storage); Article 10.4 (Suspension for unauthorized external movements); Article 11.2 (Limitations on communications of complaints); Article 11.4 (Mandatory mediation); Article 11.5 (Arbitration clause); Article 11.6 (Exclusive jurisdiction); Art. 12.1 (force majeure); Art. 12.2 (suspension of obligations); Art. 12.3 (withdrawal due to force majeure); Art. 13.1 (unilateral amendments to the CSDP); Art. 13.2 (immediate effectiveness of amendments); Art. 13.3 (acceptance by conclusive facts); Art. 14.1 (communications via email); Art. 14.2 (effectiveness of communications); Art. 14.3 (ineffectiveness of communications via other channels); Art. 15.2 (limitations on the assignment of the contract); Art. 15.4 (irrelevance of tolerances and practices).