1. Introduction
1.1. General
Mercato Tifosi B.V. (“Mercato Tifosi”) is a limited according to Dutch law (Chamber of Commerce 93813376).
Mercato Tifosi operates a virtual marketplace (“ the Platform”) for pre-owned Ferraris (“Products”) on the Internet at www.mercatotifosi.com, where sellers and buyers (“Customers”) are brought together. Mercato Tifosi provides its sellers (“Sellers”) on the Platform services for placing advertisements (“Listings”) and for selling Products to potential buyers (“Buyers”).
1.2. Validity and scope of the T&Cs
These Terms and Conditions (“T&Cs”) shall govern every relationship whether by contract or not between Mercato Tifosi and its Customers. They shall apply to the use of the Platform by the Customer and to all services provided for the Customer by Mercato Tifosi in connection with the Platform. The Customer’s T&C (if any) shall not apply to the contract between Mercato Tifosi and the Customer.
1.3. Position of Mercato Tifosi
Mercato Tifosi is not involved in the relationship between the Seller and the Buyer as an intermediary or agent, party or representative of any party, but acts solely as the operator of the online Platform, so it is available to Sellers and Buyers. The Platform allows Sellers to post advertisements and gives Buyers the possibility to contact a seller directly. Every contact and possible contracts between Buyers and Sellers are arranged and fulfilled without any involvement of Mercato Tifosi. Mercato Tifosi, its representatives, employees, and agents shall not be responsible in any respect for the content of the listings, for the risks involved in initiating and concluding transactions and shall not be responsible in any respect for fulfilment of the transactions.
2. Beginning And End Of The Relationship With The Customer
2.1. Customer Base
Both legal entities and natural persons can register as Sellers. Legal entities must register as Commerical Sellers. Natural persons will be registered as Private Sellers if they are not engaged in commercial trading. Natural persons who are engaged in commercial trading must register as a Commercial Seller. Commercial trade is defined as any sale by a Seller who is legally obliged to pay VAT.
Minors and persons who are not able to act on their own behalf are excluded from using the Platform.
There is no entitlement to register on the Platform, become a member, use the Platform or receive a service. Mercato Tifosi is entitled completely to her own discretion to refuse registration, exclude a Customer or prohibit use of the Platform.
2.2. Concluding the Contract
The contract between Mercato Tifosi and the Seller regarding to place a listing advertisement on the Platform will be concluded as soon as (i) the Seller has filled in an electronic registration form and (ii) the Seller has selected a subscription plan.
2.3. Creating a Seller profile and Seller account
2.3.1. Seller Profile
Mercato Tifosi provides a web template for the Seller to create a Seller profile. The Seller profile contains general information (such as name, contact details and a brief description of the Seller) and will be displayed on the Platform and made available to Buyers in general. Further information on the handling of personal data can be found in the privacy policy in clause 9 of these terms
The Seller is obliged to provide only truthful information when creating the Seller profile and to update it directly whenever there are changes to the information.
2.3.2. Seller Area
The Platform provides access to a restricted Seller area for Sellers. The Seller area can only be accessed by authentication of Access Details. Special functions are available in the Seller area to help create and manage Listings. The Seller will receive a password and a user ID (the “Access Details”) for accessing the Seller area and for setting, changing or deleting Listings.
Seller accounts belonging to Private Sellers are not transferable. Seller accounts belonging to commercial sellers may be used by multiple employees. The Access Details for all accounts must be kept secret. If the Access Details are disclosed to third parties, the Seller must change the password immediately or inform Mercato Tifosi. When the Seller's Access Details have been used, Mercato Tifosi shall be entitled to assume that the Seller has logged in himself. The Seller shall, therefore, be fully responsible to Mercato Tifosi for the use of their subscriber account by third parties.
Mercato Tifosi has the right to take access to the Seller area.
2.3.3. Access to the account of the Seller
Mercato Tifosi (or hired third party) may access the account of a seller in order to maintain or improve service including to provide assistance with technical or billing issues.
2.4. Illegal activity
Activities on the part of the Customer, such as using software, scripts, or other mechanisms that could interfere with or overload the proper operation of the Platform, are prohibited.
The use of robots, crawlers, etc. to copy the contents of the Platform is prohibited. Mercato Tifosi has the right to request that any Customer involved in this type of activity deletes any data obtained in this way. Mercato Tifosi reserves the right to claim damages.
2.5. Duration of the contractual relationship
2.5.1 Private Listings
Private Listings will be booked for a specific period of time. When that time has expired the listing will be put off-line, unless Mercato Tifosi and the private Seller agree to continue the contractual relationship.
2.5.2 Commercial Advertisements
Commercial advertisements will be booked for a specific period of time and the contractual relationship will be automatically renewed for the same length of time as previously, unless notice is given by the Seller in writing or by email to cancel the contract at least ten days before the end of a contract period or unless Mercato Tifosi and the Seller have made another agreement.
2.5.3 Deletion of the Seller account by the Seller
The Seller may delete his account at any time, provided that (i) the account has a positive balance and no money is owed to Mercato Tifosi, (ii) the Customer does not currently have any Products listed on Mercato Tifosi’s Platform. Deletion of a seller account will not automatically be considered termination of the contract with Mercato Tifosi.
2.5.4 Termination by Mercato Tifosi
Mercato Tifosi may terminate the contract for good cause at any time without notice. In particular, good cause shall include a breach by the Seller of these T&Cs, infringement of the rights of other Mercato Tifosi Customers, activities on the part of the Customer that damage Mercato Tifosi’s image, or a change in the legal or technical standards on the Internet which make it unreasonable for Mercato Tifosi to continue to provide its services, either in whole or in part.
The Customer may not make any claims against Mercato Tifosi in connection with termination without notice by Mercato Tifosi; fees for posting Listings will remain due in full and will not be refundable.
Following termination without notice, the Seller may not re-register on the Platform without Mercato Tifosi’s prior written consent. If he does so anyway, he will owe Mercato Tifosi a contractual penalty of €250 on each occasion. Mercato Tifosi is allowed to delete the registration without notice.
3. Mercato Tifosi’s Services
3.1. Listings
3.1.1 Service Packages for Commercial Sellers
When registering on the Platform, Commercial Sellers must select a Service Package (“Service Package”) based on the number of vehicles they intend to list. The available packages are: Up to 3 vehicles, up to 6 vehicles, up to 12 vehicles and 12+ vehicles. In addition, the Commercial Seller may choose a subscription duration of 1, 3, 6, or 12 months.
The Commercial Seller can change their current Service Package at any time via their account settings on the Platform or by notifying Mercato Tifosi in writing or by email.
If the Commercial Seller upgrades to a Service Package with a longer duration or a higher vehicle limit, the terms of the new Service Package will apply immediately for the remainder of the current contract period and any renewal periods. In this case, the Commercial Seller shall pay the difference between the Subscription Fee of the original Service Package and the new one.
If the Commercial Seller wishes to downgrade to a smaller Service Package, they must notify Mercato tifosi at least ten (10) days before the end of the current contract period, either via the account settings or in writing/email. The downgrade will take effect from the beginning of the next renewal period.
Unless the Commercial Seller cancels or changes their current Service Package at least ten (10) days before the expiry of the current term, the Service Package will renew automatically for the same duration and under the same terms.
3.1.2 Booking of individual Listings by Private Sellers
Private Sellers can book individual Listings and subscription plans and have a free choice of certain features (such as the length of time they run for, options, etc.). The Private Seller can place any number of Listings on the Mercato Tifosi Platform at the prices set out in Section 4.1.1.
If Mercato Tifosi establishes that a Commercial Seller has registered as a Private Seller, Mercato Tifosi shall have the right to delete the Seller’s account in question immediately without reimbursing any fees that have been paid. If the Seller agrees to register as a Commercial Seller, Mercato Tifosi will invoice him for the payments that have already been made.
4. Customer Payments
4.1. Payment of fees
4.1.1 Fees
The fees for placing individual Listings and for Service Packages can be found on the website (www.mercatotifosi.com). Fees for Private Sellers are inclusive of VAT. Prices shown for Commercial Sellers are exclusive of VAT.
Invoicing for services purchased by Commercial Sellers will take place in advance for each contract period and will include the following elements:
(i) the fixed fee (“Subscription Fee”) for the Service Package chosen by the Seller;
(ii) the additional fee (“Additional Fee”) owed by the Seller for additional services provided by Mercato Tifosi.
Invoicing for services purchased by Private Sellers will take place in advance for the period for which the Listing is on the site.
The amount of the Subscription Fee will depend on the prices published at the beginning of each contract period. The Additional Fees are subject to change during the contract period.
4.1.2 Methods of payment
Private and Commercial Sellers may pay by credit card, PayPal or, if authorised by Mercato Tifosi, on account. The Seller authorises Mercato Tifosi to charge the invoice amount to their credit card. The Seller is required to ensure that they always have sufficient funds to enable payment on their credit card.
Where a Private Seller's and Commercial Seller’s credit card details have been provided/stored, the same Service Package will be automatically re-booked one day before the expiry of the previous period and the Private Seller's Commercial Seller’s credit card charged accordingly.
The invoice will be sent to the email address that the Seller provided when registered or has subsequently communicated to Mercato Tifosi. The Seller must notify Mercato Tifosi within ten days if they object to the invoice in any way; otherwise, the amount invoiced will be deemed to have been accepted. The invoice shall be payable without deductions within ten days of the invoice date.
4.1.3 Default
If payment is not made within the payment period, the Seller will automatically be in default of payment, without notice of default, and Mercato Tifosi shall be entitled, without further notice, to charge default interest of 8% p.a. Commercial Sellers will have to pay additional costs of €30.00 per reminder letter or e-mail. Mercato Tifosi shall also be entitled to temporarily or definitively block the Seller account without further notice and/or terminate the contract with the Seller without any notice whatsoever. If this should occur, the Seller shall have no right to claim compensation from Mercato Tifosi. The fees for services purchased shall remain due in full and will not be refunded.
4.2. Responsibility for the content of advertisements
A Listing involves publication of an independently designed representation of a Ferrari on the Platform which is used by the Seller to seek an interested party for the Ferrari mentioned in the Listing.
The Seller may only post Listings of the Ferrari brand . Per Listing the Seller is allowed to offer one Ferrari. The Seller is not permitted to insert links in their Listing to external websites or create advertisements for other products than Ferrari vehicles.
The Seller undertakes to design the Listings carefully and truthfully and to update them to reflect any changes. The Seller is responsible for making sure that the information provided is complete and accurate. This applies both to regulatory requirements in the Seller’s country of residence or registered office and to copyright regulations in the event that the Seller hires third-party workers or factories. The Seller must use the format for a Listing used by Mercato Tifosi.
As soon as a Ferrari has been sold the Seller must mark the Ferrari as sold. The seller must delete the Listing within a week from the date of the sale. If the Ferrari is no longer available for any other reason the Seller must delete the Listing immediately.
The Seller is obliged to provide information about the Ferrari on offer that is accurate and not misleading in any way. The Listing is not a binding offer, but a non-binding basis for negotiation and serves essentially to set up contact between the Seller and the Buyer. Features that are significant for Buyers, particularly any known or suspected defects in the Product, must be specified in the Listing. The Seller may only post Listings for Ferraris for which he has the right of disposal, i.e. those Ferraris where he is able and entitled to transfer full and unencumbered title and possession.
4.3. Responsibility in connection with personal data
Any Seller who is in receipt of personal data as the result of an enquiry may only use it to process the enquiry and is obliged to delete it immediately after the enquiry has been processed.
4.4. Deletion of Advertisements by Mercato Tifosi
If to the opinion of Mercato Tifosi a Listing contains unlawful content or misleading information, Mercato Tifosi may block or delete the Listing or parts of it without consulting the Seller or providing any reasons. The Seller may not make any claims against Mercato Tifosi in connection with the blocking or deleting of Listings by Mercato Tifosi, fees for posting Listings will remain due in full and will not be refundable. This shall also apply if a claim against the Seller elapses following blocking or deletion of the Listing.
5. Intellectual Property Rights
The Seller must ensure that the information required to create the Seller profile (such as texts, logos, pictures) is free from third-party rights. The use of pictures or pre-formulated Product descriptions that the Seller has not created himself or for which he has not acquired the rights is particularly prohibited. If the Seller uses parts in a Listing falling under the rights of a third party Mercato Tifosi has the right to delete the Listing without notice. Fees for posting Listings will remain due in full and will not be refundable.
The Seller shall grant Mercato Tifosi the right, free of charge and for an unlimited time, to use the content (in particular text, image, audio and video content) that they have sent to Mercato Tifosi Platform, both online and offline (e.g. in print or online media), but for advertising and marketing purposes in particular, i.e. to make the content publicly available, to copy, distribute and process the content, by including Listings or excerpts in print or online media, for example (e.g. in specialist magazines, on websites or social media channels belonging to Mercato Tifosi’s collaborative partners), in software applications and in emails or marketing campaigns.
All rights related to the information, elements, and contents of the Platform (such as copyright, trademark and other proprietary rights) other than the content provided by the Seller are owned by Mercato Tifosi within the relationship between Seller and Mercato Tifosi. The publication, reproduction, transmission, modification and/or combining of information, elements, and contents of the Platform for public and/or commercial purposes in any form is prohibited without the prior written consent of Mercato Tifosi.
6. Liability
6.1. General
Mercato Tifosi shall only be liable for direct loss or damage caused by an intentional or grossly negligent act on the part of Mercato Tifosi. Notwithstanding the above or mandatory statutory regulations, any liability on the part of Mercato Tifosi for any damage, whereunder for indirect or consequential loss or damage (such as lost profits or the consequences of data loss) - irrespective of the legal basis - shall be excluded.
Any liability on the part of Mercato Tifosi for the misconduct of Sellers or Buyers shall be excluded, particularly in connection with misleading information provided by Sellers or Buyers.
6.2. Technical faults, maintenance and limitations of capacity
Mercato Tifosi makes every effort to keep the Platform accessible at all times. However, for maintenance, security or capacity reasons, or due to events beyond the control of Mercato Tifosi (such as disruptions and interruptions to public communications systems, power failures, etc.), the Platform may suffer from disruptions or may temporarily suspend operations. Mercato Tifosi reserves the right to temporarily restrict the posting and taking down of Listings for maintenance, security or capacity reasons.
Mercato Tifosi will therefore not be liable for the temporary unavailability of the Platform, the failure of any or all of the website or Platform functions or for the Platform malfunctioning, and particularly not for loss or damage caused by software defects, hacker attacks or other problems caused by the internet. This shall not entitle the Seller to a reduction in future payments or the reimbursement of payments that have already been made.
6.3. No liability for the content on the Platform
Mercato Tifosi shall not be responsible for the topicality or accuracy, legality, completeness or quality of the content published on the Platform, or the content of web pages that are accessible through links on the Platform, regardless of whether this information is shared by other Sellers or provided by Mercato Tifosi itself.
6.4. Customer’s liability for breaches of contract; indemnification
The Seller shall be liable to Mercato Tifosi for any loss or damage caused by culpable breaches of contract.
The Seller shall release Mercato Tifosi from any third-party claims arising from the infringement of third-party rights by the content provided and/or posted by the Seller and shall compensate Mercato Tifosi for any additional ongoing loss or damage. The Seller shall assume sole liability in relation to Mercato Tifosi and shall pay all necessary and reasonable expenses, as well as the costs of the defense against such claims, both in and out of court (including legal costs and a reasonable level of lawyers’ fees).
7. Data Protection and Data Security
The ways in which Mercato Tifosi deals with the personal information belonging to Customers of the Platform are governed by the Privacy Policy, to be found in clause 9 of these terms.
8. Miscellaneous
8.1. Transfer of the contract, rights or obligations to third parties
Mercato Tifosi shall be entitled, either wholly or in part, to transfer the contract with the Seller or any of the rights and obligations arising from the contract to a third party, to pledge the contract, or have it carried out by a third party; The Seller may only transfer or pledge the contract with Mercato Tifosi, or any of its rights and obligations, to a third party with the prior written consent of Mercato Tifosi.
8.2. Offsetting
The Seller shall not be entitled to offset amounts due to him against amounts due to Mercato Tifosi.
8.3. Hiring third parties
Mercato Tifosi may delegate the provision of services to third parties, in whole or in part. These terms will also be on force in that situation.
8.4. Requirement for written form
Agreements that differ from these T&Cs shall only be considered valid if Mercato Tifosi has expressly agreed to them in writing.
8.5. Severability clause
If any of the individual provisions in these T&Cs become null or invalid, this shall not affect the validity of the remaining provisions. Any void or invalid provisions shall be replaced by provisions which correspond most closely to the economic meaning and purpose of the void or invalid provisions in a legally effective manner. The same shall apply in the event there are loopholes in the T&Cs.
8.6. Changes to the T&Cs, prices and the Platform
Mercato Tifosi reserves the right to amend these T&Cs at any time, without providing a reason, and to publish the updated version on the website www. Mercato tifosi.com . The amended T&Cs will be emailed to the Seller. The amendments shall be deemed to have been accepted if the Seller does not object to them by e-mail (info@mercatotifosi.com) within ten days of notification, or if the Seller continues to use Mercato Tifosi’s services after receiving the amended T&Cs. If the Seller objects to the amended T&Cs, the contract between Mercato Tifosi and the Seller shall end immediately without notice.
Mercato Tifosi reserves the right to adjust any Additional Fees during the contract period to reflect market and/or price developments.
Mercato Tifosi reserves the right to change the range of services on the Platform and the design of the Platform, or to offer a different range of services, if it has good reasons to do so, and during the contract period, if applicable.
8.7. Applicable law and place of jurisdiction
The contract between the Seller and Mercato Tifosi (including these T&Cs) is subject solely to Dutch law, to the exclusion of agreements between states.
All disputes or claims arising out of or in connection with the contract between the Seller and Mercato Tifosi, including the validity, infringement or termination of the contract, shall be settled by the ordinary courts. The exclusive place of jurisdiction shall be Utrecht, The Netherlands. Mercato Tifosi reserves the right to sue the Customer in any other court of competent jurisdiction. Any mandatory consumer jurisdictions shall remain reserved.
9. Privacy policy
9.1. Introduction
Mercato Tifosi is committed to protecting the personal data of its users and customers. This policy outlines how Mercato Tifosi collects, processes, uses, and discloses personal information in connection with its online platform and related services.
Mercato Tifosi adheres to the Dutch General Data Protection Regulation Implementation Act (Uitvoeringswet AVG) and the EU General Data Protection Regulation (GDPR) (collectively referred to as “applicable data protection law”). Certain personal data is required in order to access and use Mercato Tifosi’s services.
9.2. Types of Personal Data Collected
9.2.1. Data provided by users during registration or use of the platform
To fulfil contractual obligations and provide its services, Mercato Tifosi collects the following information:
· Basic personal details, such as first and last name (including title), address, email address, telephone number, date of birth, and a secure password;
· Information about listings posted by the user;
· Data related to services and transactions on the platform;
· Communication data exchanged between users, and between users and Mercato Tifosi, including messages sent via the platform.
9.2.2. Automatically collected data for analytics purposes
a) Platform usage data
Mercato Tifosi uses cookies and similar technologies to track and analyse how users interact with the platform. These technologies collect information such as browser type, visited sections of the site, IP address, operating system, and language/internet preferences. This helps Mercato Tifosi improve functionality and user experience.
Users can disable cookies through their browser settings, though this may limit certain features, such as account login or posting a listing.
b) Google Analytics
Mercato Tifosi uses Google Analytics, a web analytics service by Google Inc., to collect aggregated data on website usage. The data, which includes IP addresses, may be transferred to servers outside the EU. Google uses this data to provide usage reports and related analytics services. Users can opt out by adjusting their browser settings or installing a browser add-on. For more information, please visit: https://www.google.com/analytics/terms/
9.3. Purpose of Data Processing
Personal data is processed by Mercato Tifosi for the following purposes:
· To enable use of the platform and execution of contracts (e.g., publishing listings, facilitating communication between users);
· To handle payments and ensure secure transactions;
· To provide customer support and platform communication;
· To comply with legal obligations under Dutch and EU law;
· To carry out creditworthiness and fraud prevention checks;
· To improve services, develop new features, and optimise the platform (e.g., newsletters, product updates — where consent is given);
· To create anonymised statistics and reports about platform use.
9.4. Data Sharing with Third Parties
9.4.1 Third-party service providers
In order to operate the platform and fulfil the purposes listed above, Mercato Tifosi may share data with trusted external service providers in the Netherlands or abroad. These may include:
· Payment processors;
· Customer relationship and password management tools;
· Email and newsletter services;
· Hosting providers and cloud infrastructure partners.
All third parties are bound by data processing agreements and are required to implement appropriate security measures under GDPR and Dutch law. A full list of third-party providers is available upon request.
Mercato Tifosi’s servers are primarily located in the Netherlands or within the European Union.
9.4.2. Social media integrations
The platform may include social sharing features or plugins (e.g., Facebook “Like” button, Twitter share link). When these are activated, information such as IP address and platform activity may be shared with the respective social media network. If the user is logged into that network, their activity may be linked to their personal account.
Mercato Tifosi does not control how these third parties use data. Please refer to the privacy policies of the respective platforms for more details.
9.5. Data Security
Mercato Tifosi applies industry-standard security measures to protect personal data. User data will not be sold or shared with third parties for marketing purposes, and is only shared as described in Section 4.
Users are responsible for keeping their account credentials secure, including choosing a strong password and regularly updating it. Backups of data transmitted through the platform are the user's responsibility.
9.6. User Rights
Under Dutch and EU data protection laws, users have the right to:
· Access their personal data;
· Request correction or deletion of incorrect or outdated data;
· Restrict or object to processing;
· Withdraw previously given consent;
Request a copy of their data (data portability).
Requests can be made by contacting:
Email: privacy@mercatotifosi.com
Users also have the right to file a complaint with the Autoriteit Persoonsgegevens (Dutch Data Protection Authority) if they believe their rights have been violated.
If a user objects to the processing of their personal data, this may result in the termination of the service agreement. Any contractual payment obligations remain unaffected.
9.7. Data Retention
Mercato Tifosi retains personal data only for as long as necessary to provide services, comply with legal obligations, and fulfil the purposes outlined in this policy. Once data is no longer required, or if a user deletes their account, data will be erased unless legal retention periods require otherwise.
10. Trademark Disclaimer
Mercato Tifosi is not sponsored, associated, approved, endorsed nor, in any way, affiliated with Ferrari S.p.A. or any of its subsidiaries or affiliates (www.ferrari.com). The Ferrari® name, logo and crest are trademarks of Ferrari S.p.A. any other products mentioned on this website are trademarks of their respective holders. Any mention of trademarked names or other marks is for reference purposes only in the context of remarketing pre-owned/used vehicles or for identification of make/model and should not be construed as contesting such trademarks. Copyright and trademark infringements are not intended or implied.