§ 1 Preamble
Welcome to Commodity Tender platform.
Here among most different commodities you find the most suitable for you and at the best price. Here you quickly sell your stock or find new clients and suppliers.
Commodity Tender SAS, 01210 Ornex, France (hereinafter referred to as "Operator") operates websites (commoditytender.com and other country specific domains such as .fr, .org). These terms and conditions (hereinafter referred to as "Terms") apply to the use of the CommodityTender services and additional services offered through the Commodity Tender SAS. By using CommodityTender services the user accepts the Terms. If the user does not accept the Terms, the use of any CommodityTender services is prohibited.
§ 2 Offered Services
CommodityTender is a marketplace where registered users can offer, buy and sell a variety of goods (hereinafter referred to as "Products"). This is permitted as long as offers, sales and/or acquisitions do not violate statutory provisions, good morals and/or the Terms.
The use of the CommodityTender basic service version is charged with the fee, defined at the registration page. Depending on individual mobile phone rates, costs for data transfer may apply, which have to be carried by the user. Various supplementary products or subscriptions (hereinafter collectively referred to as “premium features”) are subject to charge and can be purchased exclusively through the website Commoditytender.com. The respective prices are clearly displayed prior to the actual purchase. The Operator reserves the right to change these prices at any given time. All prices are quoted inclusive of value-added tax at the respective applicable statutory rate. Moreover, the Operator reserves the right to offer varying premium due to different stages of development.
The user agrees with his/her purchase of a premium-feature that CommodityTender immediately delivers the purchased service entirely following the conclusion of the corresponding contract.
The operator is not responsible for content generated by users. Participation in CommodityTender is not enforceable and can also not be compelled or required in any other form. The Operator reserves the right to deny the participation in CommodityTender temporarily or permanently even without further reasons. A new registration under a different name and/or other e-Mail address instead of the one been blocked is not allowed. If a user has been blocked, he/she may contact the Operator via E-Mail to info@CommodityTender.com and request for clarification regarding this matter.
§ 3 Contractual conditions
The Operator only provides information as well as a technical framework for users. The classified ads and user posts are not legally binding offers by the Operator. Claims of contracts between users cannot be claimed from the Operator. The Operator is not a contracting party. The contracts are exclusively concluded between the users of the marketplace. The fulfilment of these contracts concluded via CommodityTender is carried out exclusively among the users. The Operator therefore only provides the technical framework for users to conclude such contracts.
The Operator offers various paid premium features. These premium features represent offers made by the Operator in order to conclude a contract regarding the respective premium feature. Contracts for the use of paid premium conducted by the user’s acceptance of the respective offer. Firstly, the user chooses the desired supplementary product or the desired subscription. As soon as the user confirms and pays the purchase, the respective premium feature will be activated. A contract is concluded as soon as the user confirms the purchase and, if necessary, enters the respective password. By concluding the contract, the supplementary product will be activated and immediately consumed/the term of the subscription starts to run.
The user is not entitled to download the displayed information on a computer or any other data medium. The repeated and systematic downloading of part of the displayed information, even of an insignificant nature and scope, is equivalent to downloading a substantial nature and scope or part of the displayed information. Moreover, the use of a computer program for the automatic read-out of data in particular, such as scraping, crawlers, spiders or bots is absolutely prohibited. Printing of the displayed information is only allowed for private purposes and only to an absolutely necessary extent. Any use of information for business purposes, in particular for commercial use, is forbidden.
§ 4 Eligibility, registration, and deletion of the account
Users have to register to use most of the features. Registration is charged to users. The use of the CommodityTender service is permitted for individuals over the age of 18 years, who are viable to entering a legally binding contract. The specified profile data must be correct, complete and must continuously be kept up-to-date. Multiple registrations are not permitted.
The users’ login credentials must be kept confidential. The user must take appropriate measures to prevent the unauthorized use of this data in order to access CommodityTender. In case third parties have had access to the login data, the Operator needs to be informed immediately or the access data must be changed immediately.
By registering, the user agrees to receiving the recurring CommodityTender newsletter and therefore receives information at regular intervals from CommodityTender. The user may unsubscribe from the newsletter, by simply disabling the subscription of the newsletter in the user profile or by directly clicking on the unsubscribe link in the newsletter.
Users can delete their user account at any time without giving reasons.
§ 5 Withdrawal and termination
The cancellation policy applies to consumers (as defined by law) who purchased premium features at the Operator, which are subject to charge.
Right to cancel premium features:
The consumer may withdraw from the contractual agreement of a purchased premium feature within a period of 14 calendar days, in writing (e.g. E-Mail, Fax, Letter) without giving reasons. The withdrawal period starts on the day of the conclusion of the contract. To comply with the cancellation period, it is sufficient to submit the cancellation within the due time. Cancellations must be sent to:
However, at the time of the purchase of a premium feature the user agrees that the Operator immediately activates the premium feature before the withdrawal period expires. The user also agrees that with such activation the right of withdrawal is waived.
There is no obligations for the refund of payments.
If the user deletes the Product on which the premium feature was applied, the premium feature is considered to be fully consumed, even if the premium feature is time-dependent and the period has not expired (e.g. deleting a classified ad with a highlight-premium-feature, deleting a premium search agent, deleting the user-account).
§ 6 Posts by users, copyright of third parties
Each post must be written or created personally by the respective user.
It is strictly forbidden to publish illegal, obscene, offensive, discriminatory, vulgar, violence-glorifying, pornographic, adult content and/or any other content that infringes personal rights. Moreover, aspersions and insults of people and businesses are not permitted. In addition, the harassment through mass distribution of content or messages (spam), the systematic harassment of individual users, hacking in any form, i.e. electronic attacks of any kind on the CommodityTender service, the database and the network of the Operator or on individual users, as well as the spread of viruses etc. are strictly prohibited and are reported to the respective authority. Violations lead to the deletion of the item or blocking of the user account. In addition, the Operator reserves the right to move,remove posts, disable or to delete user accounts.
With the publication of classified ads, especially in regards to images (e.g. Product images), the user must ensure that copyrights are respected accordingly. This is done by ensuring that the user has all rights to publish and does not violate any rights whatsoever. Uploaded or embedded images/graphics cannot have watermarks or marks of other websites. The Operator reserves the right to limit the maximum size of images and to modify or remove images.
The user assures that he does not copy, paste, upload or integrate copyrighted content in any other form to the CommodityTender services. Exceptions are such contents that have been released for further use by the copyright holder.
The user may not use CommodityTender for the promotion of third-party products, the distribution, offering or sale of products, whose distribution, offering or sale is unlawful according to the local law or which are subject to selling restrictions (eg. as a result of regulations).
§ 7 Sale of living creatures
Selling of animals must comply with the following rules:
- The description or the picture of the animal should be chosen wisely and with respect.
- The buyer needs to be informed about the age, diseases or any kind of abnormal characteristics of the animal.
Furthermore, the following points are prohibited when selling an animal:
- Offering, requesting or confirming postal deliveries.
- Selling protected species and compounds without the necessary documents. For more information, have a look at https://www.cites.org/.
- Selling exotic, dangerous and poisonous animals.
- Selling animals with any controversial surgeries which are not mandatory for the animal’s health (e.g. ear-cropping, tail docking, devocalization, claws or teeth removal). Requesting such surgeries is strictly prohibited.
- Selling animals for slaughter or experiments or as live food.
- Professional breeding without any approval from an administrative authority.
- Selling animals before they reach an appropriate age.
- Selling wolf hybrids.
Users selling animals are obliged to obtain information about the legal regulations and are forced to comply with these. Further information regarding the sale of living animals and animal welfare can be found with each country’s specific authority.
§ 8 Granting of rights and liability for users
By posting user contributions, the user grants and the user represents and warrants that he has the right to grant, to the Operator an irrevocable, peranimalual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the content created by the user for any purpose, commercial, advertising, or otherwise, or in connection with CommodityTender or any other product or service of the Operator or the promotion thereof.
This includes the full and unrestricted online and offline use of such content. These rights remain indefinitely with the Operator, even if the user is no longer registered with CommodityTender.
Shall the Operator be held liable, due to a violation of the Terms or applicable law by the user, the user obliges himself to release the Operator from any legal consequences (e.g. claims of third parties). The indemnity includes but is not limited to payable fines, damages, as well as all costs of legal defence and legal representation.
§ 9 Classified ads and transactions
The displays of items offered for sale (in the following called "classified ads") include information about the user who is offering this item (hereinafter referred to as “Seller”), user uploaded images of the item, a description of the item provided by the user, the location of the item, as well as a purchase price proposal of the seller. If the seller states a price of 0.00 it means he intends to give the item away for free. If the Operator is informed that this is not the case, the classified ad will immediately be removed.
Other users can view classified ads and submit offers to purchase the item. The seller can accept an offer or in turn submit a counter offer. If the seller and a certain user (hereinafter "buyer") agree on a certain price (referred in the following as "purchase price") and other terms of the deal, a binding sales contract concerning the item in the classified ad is concluded - one party accepts and the other confirms. The buyer is obliged to pay the purchase price and to pick up the item from the seller. The seller is obliged to sell the item shown and described in the classified ad.
Offers can be cancelled by the seller or the buyer before the other party has confirmed.
The Operator points out that the sales contracts in regards to classified ads constitute contracts between the users themselves. The Operator does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified ads. The Operator is not a party partaking in the sales contracts concluded, which are closed exclusively between the users of this marketplace. Furthermore, the fulfilment of these sales contracts concluded via the platform of the Operator is exclusively carried out among users.
The Operator is not obliged to verify the transmitted or stored information or to actively search for circumstances which may indicate illegal activity.
Should the Operator somehow become aware of a specific unlawful act of an individual user or receive information within the CommodityTender services, the information will immediately be removed or the access to this content will be blocked. If you are aware of such actions or information we ask for immediate notification by E-Mail at info@CommodityTender.com.
§ 10 Liability
The Operator cannot be held liable for the correctness of the information or the images shown in the classified ads or the comments of the users or the contractual commitment of users or the flawlessness of the purchased item.
The Operator is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of CommodityTender. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.
The foregoing limitations of liability include claims against employees or representatives of the Operator as well as the licensors of the Operator and their licensors or the licensees of the Operator and their licensees. CommodityTender services might be subject to an underlying licensing agreement. The liability of the licensor is determined by the respective licensing agreement.
Moreover, the Operator is not liable for the content, accuracy, legality and functionality of third party internet pages, which reference from or to the platform of the Operator via a link.
The CommodityTender services are only accessible for the user with an active Internet connection. The Operator neither assumes responsibility that the CommodityTender services are continuously usable and/or accessible, nor is the Operator liable for technical transmission delays or failures. The Operator excludes any warranty for the functionality of the CommodityTender services. The Operator is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers.
§ 11 Data protection
§ 12 Violations of the Terms
In case of violations of one or more of these provisions the Operator is entitled to temporarily or permanently, and notwithstanding of further legal steps against the affected user, block or delete his/her account, posts, classified ads and any other content provided by this user, and/or to partly or fully prevent the publication of articles and profiles of the user and/or to block his access to the CommodityTender services totally or in part. In case a user has been blocked, he can write to info@CommodityTender.com and ask for clarifications regarding his restriction.
In case a user receives a definite block (restriction) from the CommodityTender services, all purchased premium features forfeit without compensation. For a temporary block the right to use the premium features will not be extended by the period of the exclusion. All purchased services also forfeit without compensation.
If a temporary blocked classified ad will be blocked definitely, all premium features purchased and/or used for this ad will forfeit without compensation. For a temporary block of a classified ad the right to use the purchased and/or used premium features for this classified ad will not be extended by the period of the block. All purchased services also forfeit without compensation.
The enforcement of any other claims remains expressly reserved for the Operator.
If users violate the rights of third parties or the Terms, we ask for notification with a brief description via E-Mail at info@CommodityTender.com.
§ 13 Amendment of the Terms
As soon as the Operator changes the Terms, the amended version together with the respective publication date will be published herein. An explicit reference to the change of the Terms will not be made. The Terms shall automatically be reviewed by the users periodically to check for changes. If the user does not agree with the changes he remains free to request the deletion of his account.
§ 14 Final provisions
The Terms shall be subject to French law. With a view to reaching an out-of-court settlement between the Operator and the User, the User my contact the online platform provided by the EU. The so called ADR-platform is available here: http://ec.europa.eu/consumers/odr/. The Operator expressly points out that the sales contracts in regards of classified ads constitute contracts between the users. The Operator does not offer any items, does not submit any bids, does not receive any bids and does not accept any offers in regards of the items in the classified ads.
If individual stipulations of the Terms should be or become ineffective, invalid or unworkable, this shall not touch the legal effectiveness of the other stipulations of the Terms. In place of the ineffective, invalid or unworkable stipulation, a valid and workable regulation shall apply which approximates as closely as possible to that the contract partners would have economically intended if the contract partners would have pursued with the ineffective, invalid or unworkable stipulation. The above stipulations apply accordingly in the event that the contract is shown to be incomplete.
Terms and conditions version: 2017-01-17
Commodity Tender SAS, Ornex, France