Terms and Conditions BIZGOODZ
On its B-to-B online trading platform, BIZGOODZ brings together supply and demand of residual materials, machinery, parts and second-hand products, which are offered by companies, institutions and governments with the aim of jointly building a circular economy.
When a Buyer purchases a Product through a Seller's Platform, the Buyer must agree to these Terms and Conditions. This also applies to the Seller, when the Seller offers a Product for sale via the Platform or sells a Product or purchases a Service from BIZGOODZ.
Article 1 Definitions
In these General Terms and Conditions, the following capitalized terms always have the following meaning:
- Purchase price: The price as stated on the Platform with the relevant Product and by the Buyer
paid. This price includes Service Fee from BIZGOODZ and excludes VAT. The VAT is made known to the Buyer in the payment process.
- Account: The account created by the Seller or by the Buyer in the Environment.
- Payment service provider: a service provider engaged by BIZGOODZ to facilitate the (secured) payments from the Buyer to the Seller. This service provider acts in accordance with the Payment Providers Directive 2 (Directive 2015/2366 / EU; PSD2).
- BIZGOODZ: The private limited liability company BIZGOODZ BV, statutory
located at Bos en Lommerplantsoen 1F, in (1055 AA) Amsterdam and registered with the Chamber of Commerce under number: 74680811
- Content: Advertisements in the form of, among other things, texts, graphic material, images and video files, placed by the Seller within the environment of his Account with the aim of making them public on the Platform.
- Services: The services provided by BIZGOODZ that consist of facilitating and maintaining the Platform and other specific services to be agreed upon to the Seller.
- Purchase Agreement: the purchase agreement between the Buyer and the Seller in connection with the purchase of a Product via the Platform.
- Buyer: Buyer: a legal or natural person who purchases a Product via the Platform.
- Environment: the website Bizgoodz.com or other application developed by BIZGOODZ.
- Platform: the marketplace Environment facilitated by BIZGOODZ where Sellers can offer their Products to Buyers.
- Products: the reusable and recyclable materials and products offered by the Seller on the Platform to be divided into different product categories.
- Service Fee: a commission on the Sales Price that BIZGOODZ charges the Seller for the Services to be supplied by it.
- Sales price: The price that the Seller determines when selling the Product concerned. This price is exclusive of VAT and Service Fee and, where applicable, exclusive of other government-imposed levies that are for the account of the Buyer.
- Seller: a legal person registered in the Chamber of Commerce and having a VAT number that offers Products to the Buyer via the Platform.
- Conditions: these general conditions, which can also be found at https://BIZGOODZ.com/pages/terms-conditions.
Article 2 Applicability Conditions
1. These Terms and Conditions apply to the purchase of a Product via the Platform and the Purchase Agreement. These Terms and Conditions can be downloaded on the Platform via this link with the option to save the Terms and Conditions as a PDF.
2. Every Buyer who purchases a Product via the Platform accepts these Terms and Conditions. Every Seller who offers a Product for sale via the Platform or who purchases a Service from BIZGOODZ therefore accepts the applicability of these Terms and Conditions.
3. The possibility exists that the Seller may declare additional conditions or specific provisions on, for example, warranty and / or refund applicable. Every Buyer who buys a Product via the Platform also accepts these additional conditions imposed by the Seller
4. These Terms and Conditions or other regulations to be drawn up by BIZGOODZ may be unilaterally amended by BIZGOODZ. Changes will only take effect after the changes have been announced on the Platform. If the Buyer purchases a Product via the Platform after this announcement or offers the Seller a Product for sale, they thereby accept the applicability of the amended Terms and Conditions.
5. Seller and Buyer declare to act in accordance with the Terms and Conditions and all applicable laws and regulations.
Article 3 Accounts
1. The Seller must create an Account before submitting Products through the Platform can offer or sell. Buyer has the choice to create an account in advance or with the first purchase.
2. Seller and Buyer must provide the mandatory information when creating an Account
parts to be filled in truthfully and are responsible for the accuracy of the information they have entered. As part of creating the Account Seller and Buyer must agree to the Terms. A username is linked to the Account by BIZGOODZ (e-mail address). The password can be chosen by the Seller or by the Buyer himself. If a required field is not filled in, the registration of the Seller or the Buyer cannot be processed.
3. After the registration process has been completed, the Seller or the Buyer will have access to their Account. The seller thereby gains access to a so-called company Account with Dashboard, product and order menu and so-called Company profile. Seller or Buyer must carefully save the self-chosen password.
4. In case of suspicion of improper use of the password or the Account by one third party, the Seller or Buyer must immediately report this to BIZGOODZ.
6. For its own reasons, BIZGOODZ has the right to suspend or (temporarily) block an Account at any time. BIZGOODZ will inform the relevant Seller or Buyer of this as soon as possible. Even if a Buyer does not pay, BIZGOODZ has the right to suspend the use of the Account until the Buyer has paid.
7. Once the Account has been created, Seller and Buyer can use the Platform and offer or purchase Products. A Company Name is linked to the Seller Account.
8. Seller and Buyer are responsible for the use made of the Account and for those who gain access from them to the Account.
9. If the Seller or the Buyer no longer wishes to make use of the Services, they can indicate this to BIZGOODZ via e-mail (firstname.lastname@example.org). In that case, the Seller or the Buyer will no longer have access to his Account.
Article 4 Content
1. The Seller can place Content for the benefit of the Products to be offered by it with for the purpose of making it public and promoting the sale of Products. Only the Seller is responsible for this Content. The seller guarantees that any permission required for the use of the Content has been obtained from third parties, including the subject (s) portrayed and the copyright holder (s). The seller indemnifies BIZGOODZ against claims from third parties.
2. The seller must guarantee that the description of the Product offered by it corresponds to reality and is therefore correct and complete. In addition, the Seller must ensure that Products are placed in the correct categories specified by BIZGOODZ.
3. The seller also guarantees that the Content is in accordance with applicable laws and regulations. The Content may not affect the good name of BIZGOODZ.
4. BIZGOODZ reserves the right to shorten or modify the Content. BIZGOODZ also has the right to watermark the Content with a logo in order to track the placement of this Content by third parties. Moreover, BIZGOODZ has the right to remove Content if it appears that these Conditions are not met.
5. By placing Content, the Seller gives BIZGOODZ a non-exclusive, unlimited and worldwide permission to use and adapt, translate, improve this Content on the Platform or otherwise.
Article 5 Offer and conclusion of the Purchase Agreement
1. Acceptable Use Policy: The Seller can offer re-usable and re-cyclable materials and second-hand Products via the Platform. These are offered in the condition they are in and the Seller must state that accurately and truthfully in the description accompanying the Product on the Platform. It is not permitted to offer raw materials, chemical (liquid) substances and materials or materials or substances that can be used to manufacture products that are not permitted by law. For the full list of prohibited activities, please refer to https://www.paypal.com/en/webapps/mpp/ua/acceptableuse-full).
2. BIZGOODZ determines which product categories and any subcategories are listed on the Platform and has the right to supplement and change them.
3. BIZGOODZ has the right to no longer allow a Seller to offer certain Products on the Platform. BIZGOODZ will inform the Seller of this decision. If the Seller then does not remove the offer of a certain Product from the Platform, then BIZGOODZ has the right to remove the offer from the Product. BIZGOODZ also has the right to remove a Product from the Platform if, in the opinion of BIZGOODZ, the offer of the Product is misleading, incorrect or harmful to the good name of BIZGOODZ or the Platform.
4. The Purchase Agreement is established after acceptance by Buyer of Seller's offer.
5. The seller must be a legal person established in the Netherlands or Belgium and registered in a Dutch or Belgian Chamber of Commerce. The seller must also have a VAT number and a Dutch or Belgian checking account. If the Seller is located outside the Netherlands or Belgium, BIZGOODZ will consider the options in consultation.
6. In order to be able to offer Products via the Platform, the Seller must have created an Account in the Environment. The buyer has the choice whether or not to create an account.
7. The Buyer and the Seller acknowledge that BIZGOODZ is or will not be a party in the Purchase Agreement between the Buyer and the Seller.
8. The Seller determines the price for the Product it offers and will indicate whether any guarantees or refund policies from itself or a third party apply to the Product or other conditions (still). The price and guarantees must be coordinated between the Seller and the Buyer. BIZGOODZ does not provide any guarantee on the Products traded via the Platform. The Buyer must examine the Products after delivery and if it does not possess the properties that the Buyer may have concluded on the basis of the Purchase Agreement with the Seller, the Buyer must contact the Seller about this. The provisions in Book 7 of the Dutch Civil Code apply to the purchase made between the Seller and the Buyer with regard to a Product.
9. If the Buyer has questions or complaints regarding a purchased Product, the Buyer must contact the Seller directly for this purpose. As BIZGOODZ is not a party to the Purchase Agreement and does not deliver the Product, the Buyer and Seller hereby acknowledge that BIZGOODZ is in no way liable towards the Buyer or the Seller and is therefore not responsible for any defectiveness of the Product sold.
Article 6 Purchase and Delivery
1. BIZGOODZ facilitates the sales process of a Product offered by the Seller to a Buyer through the Platform.
2. The Buyer receives an invoice on behalf of the Seller from BIZGOODZ including 21% VAT. The Buyer receives an e-mail message from BIZGOODZ in connection with the purchase confirmation, among other things. The Buyer coordinates with the Seller the delivery of the Product, such as what day, how the Product will be delivered and at what price. BIZGOODZ facilitates the delivery process where possible, but is in no way responsible for the transport and delivery of the Product.
3. Ownership of a Product only becomes ownership after the Buyer has paid all amounts due to the Seller through BIZGOODZ.
4. The Seller is responsible for its own account and risk for correctly observing the Purchase Agreement. The Seller indemnifies BIZGOODZ against any claim that a Buyer makes against BIZGOODZ, as a result of or in connection with the conclusion and / or execution of the Purchase Agreement.
5. The seller is responsible for the "after-sales" (including customer service) towards the Buyer at its own expense and risk. Seller does its very best to answer questions from Buyer within 24 hours.
6. The Seller is obliged to make his offer of a Product or the implementation of the Purchase Agreement in accordance with the applicable laws and regulations and these Conditions. The seller is not entitled to deviate from this or to close the sale outside the Platform.
7. The seller will receive a confirmation e-mail from BIZGOODZ as soon as the purchase has been concluded or the purchase price has been paid.
Article 7 Payments
1. If a Buyer purchases a Product via the Platform, he must pay the Purchase Price of the Product. If it appears that the Buyer pays the Seller directly, this does not release him from his payment obligation towards BIZGOODZ.
2. The Purchase Price of a Product stated on the Platform by the Seller is in Euros, including a Service Fee to be charged by BIZGOODZ. These Service Fees may vary when when sellers switch to a membership. The VAT and any transport costs will be charged separately and is not included in the Purchase Price stated on the Platform.
3. Payment of the Sales Price is made through a Payment Service Provider, such as Paypal or Stripe.
This payment service will be paid by the Buyer in accordance with the PSD2 legislation (split payment) Purchase price, split into the Sales price and Service Fee. The Sales price is at the same time credited to the Seller's account and the Service Fee to the BIZGOODZ account.
4. The buyer receives after the conclusion of the Purchase Agreement and payment of the
Purchase price of BIZGOODZ, on behalf of the Seller, an invoice in which the VAT is stated separately.
5. If BIZGOODZ provides services for the Seller or the Buyer, these will be invoiced by BIZGOODZ in accordance with the agreement, whereby a payment period applies of a maximum of 30 days after the invoice date.
Article 8 Rights BIZGOODZ
1. BIZGOODZ has the right to provide certain functionalities without giving a reason to discontinue the Seller's offer on the Platform or the entire Platform or to transfer it to a third party whereby this third party is obliged to comply with the current Purchase Agreement or other agreements with the Seller or the Buyer.
2. BIZGOODZ is entitled to display advertisements before, after or simultaneously with the display of content on the Platform.
Article 9 Use of the Platform
1. When using the Platform, Seller and Buyer must:
- act in accordance with all applicable legal provisions; and
- to comply with the present conditions and any additional conditions or instructions to be provided by BIZGOODZ.
2. Seller and Buyer must refrain from the following actions:
- Interfering with the operation of the Platform or other computers or systems of BIZGOODZ or other users or disrupting or restricting the use of the Platform;
- sending unsolicited messages of a commercial nature ('spam') to persons whose Seller has obtained the email address via the Platform;
- use in a manner that is harmful to BIZGOODZ and other users of the Platform;
- changing, damaging, switching off, overloading, hindering, or hindering the use of the internet services and the Website;
- the delivery of Content or messages that are intentionally incorrect, unlawful, libelous, misleading or fraudulent or that can be construed as such; and
- spreading viruses or documents that contain other harmful components
Article 10 Use of data and communication
1. When creating an Account, BIZGOODZ requests the Seller and the Purchaser personal data, such as business name and address details and an e-mail address. Seller and Buyer agree that their personal data are shared with the Buyer and Seller to the extent necessary for the performance of the Purchase Agreement.
2. Seller and Buyer agree that BIZGOODZ has the right, without liability towards one of them, to disclose their data to third parties if BIZGOODZ is legally obliged to do so or considers it appropriate to maintain or control the fulfillment of any part of the Purchase Agreement or these Terms and Conditions.
3. Communication between the Buyer and the Seller or between one of them and BIZGOODZ takes place electronically by email or via the system that the Platform offers.
4. The e-mail application, offers BIZGOODZ the ability to communicate all through this application expires for a maximum of 2 years. This communication can be viewed and used by BIZGOODZ to:
i. offer support to Seller or Buyer in case of problems or questions;
ii. analyze process improvements;
iii. perform marketing analysis.
5. Seller and Buyer hereby give BIZGOODZ explicit permission to store and use the communication that runs through the e-mail application in accordance with the provisions of this article.
6. BIZGOODZ will adhere to the General Data Protection Regulation with regard to the Services it provides.
Article 11 Liability
1. Use of the Platform by the Seller and Buyer is entirely at your own risk. The Platform includes the information provided by BIZGOODZ is used as such supplied ("as is").
2. BIZGOODZ is not liable for damage that Seller or Buyer claims as a result of the statement by the Seller or the Buyer of incorrect data, for possible lost made registrations or Accounts and / or for failures in the network, hardware or software that results in limited, delayed or lost data from the Seller or Buyer. BIZGOODZ takes the liability for damage incurred by the Seller or the Buyer also suffers through the use of the Platform and the Services provided by BIZGOODZ.
3. BIZGOODZ is also not liable for the Products traded through the Platform or the Seller's or Buyer's non-compliance with the Purchase Agreement.
Article 12 Other
1. If any provision of the Terms for any reason wholly or partially is not binding, this does not affect the binding nature of the remaining part of the Terms and Conditions respectively. BIZGOODZ will then make the relevant provision replaced by a valid provision that the scope of the non-binding provision as much as possible.
2. BIZGOODZ has the right to transfer the rights and obligations from these Terms and Conditions
contribute to a third party. BIZGOODZ will inform the Seller and the Buyer in a timely manner.
3. BIZGOODZ has the right to change or supplement these Terms and Conditions at any time by publishing the amended Condition on the Platform. The relevant change will also be made known to Seller and Buyer in a timely and satisfactory manner.
4. The provisions of the Conditions can only be deviated from in writing in which the other provisions remain in full force.
Article 13 Applicable law and competent court
1. The agreements as agreed in the Purchase Agreement and these Terms and Conditions in every respect, both with regard to the creation and with regard to the implementation thereof, governed by Dutch law.
2. All disputes arising from or connected with the Purchase Agreement or the Conditions will be submitted to the competent court for review Amsterdam.
BIZOODZ is entitled to adjust these Terms from time to time. These Terms and Conditions were last amended on 29 April 2019 / © BIZGOODZ B.V. 2019. BIZGOODZ ® is registered as a Benelux trademark.