Terms and Conditions

These are the Terms and Conditions of sicuro.com, as of 01/09/2013.

    Preamble

  1. sicuro.com's online trustee service offers customers the opportunity, when online shopping, to entrust the management of payments to sicuro.com.
The Law Firm of Bernhard H. Jansen, partner of sicuro.com, receives and manages in trust the purchase price of the goods or services by the Buyer and sends it to the Seller after the service has been provided (Trustee Service) .
sicuro.com does not have a role either as Buyer or as Seller (or as Intermediary, if involved), nor does it represent any of the Parties involved.
This process is intended to ensure, in cooperation with the law firm of Bernhard H. Jansen, which operates through a trust account administered and dedicated solely to the operations of sicuro.com, a secure and reliable transaction of the purchase price, for the seller, and a secure and reliable provision of services or goods for the Buyer.
The Law Firm of Bernhard H. Jansen is not a contractual partner of the Buyer or of the Seller and has contractual relationships only with sicuro.com. Therefore, the sending and receiving of payments by the law firm of Bernhard H. Jansen takes place exclusively on the instructions of sicuro.com.

  2. All payments are received and sent by the Law Firm of Bernhard H. Jansen. The payment of the trust amounts is not made by sicuro.com but, by virtue of the contractual agreements between sicuro.com and the law firm of Bernhard H. Jansen, can only be made by the Law Firm of Bernhard H. Jansen. sicuro.com is responsible for the technical execution of transactions between customers and sicuro.com; the Law Firm Bernhard H. Jansen is responsible, as administrator of the trust funds, solely for the flow of the money.

    1 Area of Application

  1. These Terms and Conditions apply to all contracts of sicuro.com GmbH (hereafter named sicuro.com), Bonn HBR 19587, and its escrow services including additional and ancillary services.

  2. Please be aware that the most up-to-date Terms and Conditions of sicuro.com will always be available on www.sicuro.com. There is also the option to print out the Terms and Conditions via the browser function or to save them to your own hard disk, or other storage device.

  3. The client is hereby requested to read, print out and save the Terms and Conditions.

    2 Services of sicuro.com

  1. sicuro.com's online trustee service offers customers the opportunity, when online shopping, to entrust the management of payments to sicuro.com.
The Law Firm of Bernhard H. Jansen, partner of sicuro.com, receives and manages in trust the purchase price of the goods or services by the Buyer and sends it to the Seller after the service has been provided (Trustee Service) .
sicuro.com does not have a role either as Buyer or as Seller (or as Intermediary, if involved), nor does it represent any of the Parties involved.
This process is intended to ensure, in cooperation with the law firm of Bernhard H. Jansen, which operates through a trust account administered and dedicated solely to the operations of sicuro.com, a secure and reliable transaction of the purchase price, for the seller, and a secure and reliable provision of services or goods for the Buyer.
The Law Firm of Bernhard H. Jansen is not a contractual partner of the Buyer or of the Seller and has contractual relationships only with sicuro.com. Therefore, the sending and receiving of payments by the law firm of Bernhard H. Jansen takes place exclusively on the instructions of sicuro.com.

  2. sicuro.com charges fees for different services. For such fee-based services, the applicable fee will be charged according to the current price list of sicuro.com, which can always be viewed at www.sicuro.com.

  3. sicuro.com prices are final prices and include applicable VAT. sicuro.com can adjust its prices at any time. Changes to prices will be communicated to clients before their introduction through the client’s account or through another suitable form.

  4. For clients making or receiving payments to or by the law firm Bernhard H. Jansen, the aforementioned law firm Bernahrd H. Jansen only accepts and makes payments via wire transfer or Paypal.

    3 Contract Agreement and Contractual Relationship

  1. Contract agreement between client and sicuro.com is established through the creation of a sicuro.com Client Account via a website either managed by or authorized by sicuro.com.

  2. Creation of a Client Account is free.

  3. A Client Account can only be created by a legal entity, business partnership or an individual fully capable of conducting business. In particular, only persons of legal age can create a Client Account and/or use the services of sicuro.com.

  4. For any contract between a client and sicuro.com, exclusively the Terms and Conditions of sicuro.com apply, along with any particular directives, terms of use and terms of business that apply to the service offered by sicuro.com.

  5. sicuro.cm does not recognize any Terms and Conditions provided by the client that deviate from those of sicuro.com, unless sicuro.com has given expressed written permission.

    4 Registration and Client Accounts

  1. When creating his Account, the client is required to enter his personal data and Tax Status fully and accurately according to the requirements of the registration form. Client data are to be maintained and updated by the client.
Postboxes and office service providers may not be entered as addresses. Also not permitted is the entry of a Value Added Service phone number.

  2. Checking of client data after registration of a Client Account by sicuro.com only happens to a limited degree, because identifying people online is only possible up to a point. Therefore, in spite of numerous security procedures in place, there is no 100% guarantee that false data cannot be entered into a Client Account. According to the directives laid out in the German money-laundering law (GwG), sicuro.com runs an identity check on the data of any seller if the transaction amount is €2500 or more (including purchase price, packaging and escrow fee). This identity check must only be carried out once and is then valid for any further use of the escrow service by this seller.

  3. sicuro.com reserves the right to disallow creation of the Client Account without explanation after checking the entered data.

  4. The client may only create one Client Account.

  5. Clients are to keep their passwords secret and to carefully restrict access to their Client Accounts. Clients are required to inform sicuro.com immediately if they suspect their Account has been abused by a third party.

  6. Clients are liable for any and all activity that occurs through their Accounts.

  7. If the customer closes the business relation with sicuro.com, sicuro.com will block the account of the customer preventing the new login and may remove all customer data when the legal retention period expires.

  8. sicuro.com reserves the right to suspend a Client Account after the completion of a transaction. In particular, sicuro.com will suspend Accounts of anyone who breaks the law, or who fails to recognize the rights of other parties, or who fails to follow the Terms and Conditions and rules of sicuro.com, doesn’t carry out the requirements of their transaction or is unable to be reached under the contact details entered into the Client Account.

    5 Limitation of liability and general exemption from liability

  1. sicuro.com is only liable for damages arising from deliberate or grossly negligent breach of obligations by sicuro.com, its legal representative or agents as long as contractual obligations and warranted characteristics are not affected.

  2. In relation to its clients, sicuro.com is exempted from liability for damages arising from unsuccessful transfer of data, loss of data or failure to reproduce an item entered into the database; however, that only applies to damages that do NOT constitute a deliberate or grossly negligent breach of obligations by sicuro.com, its legal representative or agents.

    6 Language of contract.

  1. Contracts, specifically service contracts, with sicuro.com can be agreed in German, English, Italian and Spanish.

    7 Purchase process and Transfer

  1. The seller and buyer agree to use the escrow service of sicuro.com. The seller or buyer (or the intermediary, if involved) starts the escrow process via the sicuro.com escrow site. The price indicated in every transaction must include any additional costs, such as packaging or shipping costs. Before the start of the escrow process, the seller and buyer have to be in agreement on which party pays the costs that are due in addition to the sale price (postage and packaging, escrow fee). The latest version of these agreement can be found here: : www.sicuro.com/domain_name_rules

  2. Both parties are required to co-operate fully with each other and with sicuro.com.

  3. sicuro.com retains the right to break off a transaction if one of the two parties fails to carry out his or her contractual requirements after having been requested twice by sicuro.com to carry them out. In such cases, sicuro.com retains the right to demand its fee from the party who did not meet his or her contractual obligations. In addition, formal demands for fulfilling of contractual requirements or claims for damages could be made against the offending party by the other party.

  4. sicuro.com cannot be held liable for inconvenience or damages arising from cancellation of the transaction, unless the damages result from deliberate misconduct or gross negligence on the part of sicuro.com, its legal representation or agents.

    8 Privacy Policy Statement

    In order to use sicuro.com services with an optimum level of security, the user is required to consent to the following.

  1. When registered with sicuro.com, the user accepts that the user information like name, address, date of birth, telephone number, e-mail address, and any account information for payment, fax number, company information like the name of the company, the VAT number, as well as any additional information collected while using sicuro.com is memorised and processed by our systems.

  2. sicuro.com saves only save client data that is necessary to provide the services contractually stipulated by sicuro.com and their partners. sicuro.com and the client hereby agree to respect the regulations and laws enforced to protect the confidentiality of the information deriving from their commercial relations, especially information regarding the client and his/her address. The client reserves the right to verify the information recorded in his/her own account, there it may be modified at any time.

  3. sicuro.com manages a technical system through which the buyer, during the transaction, can send payments to a fiduciary account managed by the Law Firm Bernhard H. Jansen. In order to increase security during these processes, payments will be sent to a fiduciary account in Germany dedicated to the transactions that occur on sicuro.com and administered by the Law Firm Bernhard H. Jansen (Kaiser Platz 8, DE-53113 Bonn, Germany).
To this view, sicuro.com transfers all the data necessary to complete the payment and required by law to the Law Firm Bernhard H. Jansen. The Law Firm Bernhard H. Jansen ensures that this data will be used only to process payments. In this context, further information may be requested in order to fulfil legal obligations or prevent illicit operations. By using sicuro.com, the user accepts such transmission and processing of data between sicuro.com and the Law Firm Bernhard H. Jansen.

  4. If payment is not made, the user accepts that the relevant data be transmitted by sicuro.com to credit collection agencies or other providers of similar services. In case of suspected fraud, the competent authorities will be notified.

  5. Only the client data necessary for bureaucratic or legal reasons will be recorded. sicuro.com hereby agrees to comply strictly with all the laws concerning the confidentiality of personal data, especially the data of clients and their addresses. If data processing and recording is denied, or if consent to process data is successively withdrawn, it will no longer be possible to use sicuro.com services.
If the user wishes to close his/her own account, sicuro.com will suspend the account to prevent subsequent access. For the prevention of fraud attempts and for the reporting of accounting and financial documents, client data will be saved in compliance with legal provisions.

    9 Newsletter

  1. When registered with sicuro.com.com, the user accepts to be notified by sicuro.com.com on offers and news concerning sicuro.com.com or their partners by e-mail, by post, or by telephone. It is possible to deactivate this service in the "User Account” area under the “My sicuro”. Naturally, if the newsletter is no longer desired, the subscription may be cancelled via e-mail.

    10 Applicable Law and Place of Jurisdiction

  1. In the event the customer is a merchant, a natural person, a legal entity under public-law or a public-law special fund, or where the customer lacks a domestic natural forum, then – if not expressly agreed otherwise – Bonn shall be the exclusive place of jurisdiction and performance for all claims and disputes arising out of or in connection with the contractual relationship. In addition, sicuro.com has the right to initiate legal action against the client in his or her place of business.

  2. All legal relationships between the parties involved are subject to the law of the Federal Republic of Germany.

    11 Changes to the Terms and Conditions

  1. sicuro.com retains the right to alter these Terms and Conditions in explicit agreement with the client, as long as the change is acceptable for the client and does not conflict with the interests of sicuro.com. A change is considered as accepted if the client does not express his rejection of the change within four weeks after being informed of it. sicuro.com is required to inform the client of the consequences of failing to reject the Terms and Conditions. If the client rejects the change within this deadline, sicuro.com retains the right to cancel any contractual agreement with the client and to close his or her Account.

    12 Invalid Contractual Stipluations

  1. Should a contractual stipulation or part of the Terms and Conditions be or become invalid, the validity of the contract and/or of the overall Terms and Conditions will not be affected.