GENERAL CONDITIONS
Applicable to purchases and sales through the digital market place www.Useddairymachinery.eu

Article 1. Definitions
The terms designated with an initial capital as listed below are defined as follows:

Buyer:
A natural person or entity with which the Supplier has entered into the Contract, or the person visiting the Website of Useddairymachinery.eu

General:
Conditions: the general conditions applicable to purchases and sales through the digital market place www.Useddairymachinery.eu

Consumer:
a natural person who is not acting in the practice of a profession or business.

Service:
all activities carried out or to be carried out by the Supplier pursuant to the Contract, and all materials and results thus produced that are intended for the Buyer.

Form:
Electronic document containing information needed to enter into the Contract and by means of which a person or entity registers for access to the Website.
Defect: demonstrable defect in a Product or a Service as compared to the agreed qualities.
Intellectual
Property
rights: all rights of intellectual property and related rights such as copyrights, patent rights, model rights and trade name rights.
Supplier: a natural person or entity that has registered as a Supplier on the Website and that sells Products and/or Services available through the Website or provides information in their regard or with which the Buyer has entered into a Contract with regard to those Products and/or Services. Buyer will be brought into contact with supplier with the help of Useddairymachinery.eu. Supplier will not be known on the web page.
Contract:
The General Conditions, as well as the Form and/or any other legally binding stipulation or pronouncement declared applicable between the Parties in accordance with these general conditions.
Useddairymachinery.eu:
organizer of and entitled party to the website www.Useddairymachinery.eu and with which the Supplier and/or the Buyer have entered into a supplier agreement.
Party: all parties to the Contract.
Product: all goods requested by the Buyer and/or to be provided, supplied or delivered by the Supplier pursuant to the Contract, or products generally regarded as such, including Software.
1
Confidential
Information: Information marked as confidential or confirmed as such, or information that the other party can be expected to know is confidential.

Website: The digital environment that Useddairymachinery.eu makes available to Buyers and Suppliers in the form of a digital market place, where the purchases and sales between the Supplier and the Buyers (Suppliers) take place.

Article 2: Scope of Application
2.1 The General Conditions are applicable to all Contracts and all (legal) transactions between buyers and suppliers, even if those (legal) transactions do not lead to or are not related to a Contract.
2.2 The General Conditions are also applicable to all of the Supplier’s usage of the Website.
2.3 Unless express agreement has been made to the contrary, the applicability of other general conditions is excluded.
2.4 In view of the specific nature of a given Contract, one or more provisions of the General Conditions can solely and exclusively be deviated from in that Contract in writing.

Article 3: Communication
3.1 All communication between Useddairymachinery.eu.com and Suppliers can take place electronically other than where otherwise provided for in the General Conditions and/or the Contract and/or the law.
3.2 The version of the relevant communication stored by Useddairymachinery.eu.com shall be deemed to be evidence of that communication in the absence of evidence to the contrary provided by the Supplier.
3.3 Electronic communication shall be deemed to have been received on the date of transmission unless the recipient is able to provide evidence to the contrary. If the communication has not been received because of delivery and/or accessibility problems related to the Supplier’s mailbox, that risk shall be borne by the Supplier, even if the mailbox is kept by a third-party.

Article 4: Disclosure obligations, Supplier
4.1 Useddairymachinery.eu.com shall see to it that the General Conditions are made available to the Supplier, either in digital form or not, prior to or upon entering into the Contract. The supplier shall himself be responsible for storing and printing the General Conditions and the Contract should he wish to do so.
4.2 Notwithstanding any existing legal obligations of Useddairymachinery.eu. to store the Contract and/or the General Conditions, the Supplier shall not be obliged to keep any Contracts and/or the General Conditions that have been stored accessible to the Buyer.
4.3 If Useddairymachinery.eu operates a code of conduct, that will be expressly stated on the Website and Useddairymachinery.eu shall stipulate how it can be viewed, either in digital form or otherwise. The obligations of Useddairymachinery.eu.com stipulated in the code of conduct shall not be applicable where they extend to more than is stipulated in the Contract.
4.4 If the Contract is entered into exclusively through the exchange of electronic mail or a similar form of individual communication, then the provisions of articles 4.1 and the first sentence of article 4.3 shall not apply.
4.5 Useddairymachinery.eu shall make information including the following available through its Website:
a. country of residence
b. the principal features of the Product and/or the Service;
c. the price

4.6 Useddairymachinery.eu thus expressly stipulates that the Buyer and the Supplier shall enjoy the right to have the Contract dissolved and/or set aside if Useddairymachinery.eu.com fails to meet its statutory obligations to disclose information. All rights of the Buyer or the Supplier to have the Contract dissolved and/or set aside on the ground of Useddairymachinery.eu failing to meet its disclosure obligations must be exercised within 28 (twenty eight) working days of the Contract being formulated, notwithstanding a different period of time prescribed by law.


Article 5: Formulation of the Contract
5.1 Statements made by the supplier or the Buyer on the Website concerning the provision of Services and/or Products or concerning the demand for Services and/or Products are deemed to be invitations to make an offer. All Contracts are entered into under the resolutive condition that the Products and/or Services in question are sufficiently available. The Contract is formulated once confirmed by the Supplier of the Buyer’s order. Orders can be confirmed digitally (via the Website, by e-mail or by means of SMS or similar technologies) or, if agreed, in writing (by fax or letter).


Article 6: Rights and obligations, Suppliers
6.1 The Supplier has access to the Website and the right to act in the capacity of a Buyer.
6.2 The Supplier may not influence the sales process on the Website or act in the capacity of a different Supplier.
6.3 The Supplier may not use any equipment or software in his contact with the Website that could disrupt the normal operation of the Website, or send data to the Website that is of such a size or nature that it would place a disproportionately heavy burden on the Website infrastructure.

Article 7 : Privacy
7.1 The Supplier is deemed to have taken note of Useddairymachinery.eu.s privacy statement (which can be accessed here www.Useddairymachinery.eu.com) and to have agreed to the processing of his personal details as specified therein.
7.2 The supplier may, on request, view the information held by Useddairymachinery.eu about him and apply corrections. The supplier enjoys the right to ask Useddairymachinery.eu to delete or to protect details of the supplier that are eligible for that purpose. Useddairymachinery.eu shall decide on that request within 4 (four) weeks, taking into account the interest of Useddairymachinery.eu and the privacy of the supplier and, if Useddairymachinery.eu decides to protect or delete the information in question, shall inform the supplier of the extent to which that restricts or prevents the supplier’s use of the Products and/or Services. Useddairymachinery.eu shall use supplier information solely for the operation of the Website.
7.3 Useddairymachinery.eu reserves the right to remove Supplier information from the Website if it judges that the information could render Useddairymachinery.eu liable or threaten the continuity of the Website.
7.4 The supplier information provided by the supplier and the information concerning the supplier:
– shall not be inaccurate or misleadingly incomplete, or adversely affect the reputation of the Website or a third-party;
– shall not be intended to sell or offer stolen or counterfeited goods;
– shall not infringe any intellectual property rights or privacy rights of a third-party;
– shall not be contrary to any laws or regulations in the area of consumer protection, unfair competition, misleading or comparative advertising or equal opportunities;
– shall not contain any direct or indirect links to or descriptions of goods:
a. that are forbidden on the Website under the Contract;
b. that are simultaneously offered on a digital website other than the Website;
c. that the Supplier cannot or may not offer himself.
7.5 The Supplier grants Useddairymachinery.eu a non-exclusive, worldwide, irrevocable, free license, with the right to sub-licence, to use the Supplier information for the implementation of the Contract, as well as for verification purposes.


Article 8. Liability
8.1 The Supplier recognizes that Useddairymachinery.eu organizes the Website and grants the Supplier access to it and that Useddairymachinery.eu is not in any way involved in transactions between Buyers and Suppliers. Useddairymachinery.eu is not obligated to Suppliers to verify and or maintain supervision of the quality, quantity, safety, capacity or the Products or Services, the truthfulness, accuracy or legality of the Offer, the Supplier’s right to sell and deliver the Products or Services or the ability of Buyers to purchase the Products or Services.
8.2 The Supplier recognizes that Useddairymachinery.eu is neither able nor obliged to establish with certainty the identity of another Supplier and that the Supplier is himself obliged to ascertain the identity and the good intentions of another Supplier.
8.3 The Supplier recognizes that Useddairymachinery.eu is not responsible for the payment method operated by Suppliers to effect their transactions. Useddairymachinery.eu cannot be held liable for losses caused by the use of or the risks related to a given payment method.
8.4 Useddairymachinery.eu cannot under any circumstances be held liable for any indirect losses suffered by a Supplier or third-parties, including consequential losses, loss of turnover and profit, loss of data and immaterial losses related to or arising from the Contract or the use of the Products or Services offered on the Website.
8.5 Notwithstanding the provisions set forth elsewhere in the Contract, the liability of Useddairymachinery.eu to the Supplier, under any title, is limited for each occurrence (where a related series of occasions shall be deemed to be a single occurrence) to the amount of the payments (not including VAT) actually made by the Supplier to Useddairymachinery.eu during the current calendar year.
8.6 Suppliers other than Consumers hereby indemnify Useddairymachinery.eu against all claims of third-parties, under any title, in respect of payment of compensation for damages, costs or interest, related to or arising from the Contract, the Website or the use of the Products and/or Services offered on the Website.
8.7 Articles 8.4, 8.5 and 8.6 shall not be applicable if and in so far as the loss in question has been caused by intentional act or omission or wilful recklessness on the part of Useddairymachinery.eu or its employees.


Article 9: Confidentiality
9.1 If and in so far as Confidential Information of a Party comes to the notice of the other Party during the implementation of the Contract, the other Party shall use that information solely for the implementation of the Contract and shall restrict access to the information to persons who require it that purpose. The Parties guarantee that those persons shall be obliged by virtue of an employment contract and/or a confidentiality agreement to protect the confidentiality of Confidential Information.
9.2 Confidential Information does not include information that was already in the public domain when it came to the notice of the receiving Party, which subsequently entered the public domain for causes not attributable to the receiving Party, or which the receiving Party has also received from a third-party without being subjected to a duty of confidentiality whilst that third-party was not obliged to protect its confidentiality either.