GENERAL TERMS AND CONDITIONS FOR USING A PLATFORM FOR INTERMEDIARY SERVICES FOR PURCHASE AND SALE OF GOODS

Please read carefully these general terms and conditions (hereinafter referred to as the "General Terms" or the "Conditions") for the use of a platform for intermediary services for the purchase and sale of goods (the "Platform"), as they represent important information about the rules and the conditions under which the users of the Platform can take advantage of its functionalities and enter into transactions through it.

I. INFORMATION ABOUT THE COMPANY AND THE PLATFORM

1.The platform is owned by the company (hereinafter referred to as "We" or "Us")

2. In addition to the above address, you can contact Us at the following contact forms: Email address …, Phone number: …

3. The Platform offers the opportunity for registered users (business customers or individual users) to publish advertisements and make offers for purchase and sale of goods, as well as to conclude transactions through the Platform.

4. These General Terms constitute a legally binding agreement between you and the company.

5. The role of the company is limited to being an intermediary between the parties. The company is not a party to the contracts concluded between registered users through the Platform.

6. For the provided services the company receives a commission, which is paid by the parties, users of the Platform, who have concluded transactions through it. The commission is in the amount of 50 cents per ton.

II. USER REGISTRATION. MARKETING. CONFIDENTIALITY. VERIFICATION.

1. Registration on the Platform is mandatory for the use of our Services. Upon registration, users will be asked for consent to the General Terms of Use of the Platform.

2. Upon registration on the Platform, users are offered to subscribe to receive marketing messages from the company. For more information, please review our Privacy Notice for Marketing Activities.

3. The registration on the Platform may be related to the collection and processing of certain personal data. For more information about what data is collected, details about its processing and other important information, including in regards to the rating system of traders on the Platform, please read our Privacy Policy.

4. Upon first visit of the Platform, the user will be informed about the use of digital technologies for tracking (cookies) on the Platform and will be asked to review our Cookie Policy and determine the scope of the cookies used.

5. Verification with digital signature - Verification is an important part of the registration process and consists in proper verification by Us of the current status and status of legal entities, the power of attorney of individuals to enter into transactions on behalf of companies, as well as verification of identity for representatives of companies and individual users of the Platform. Verification can be accompanied by sending documents, phone calls and emails. Upon successful verification, the user has the opportunity to upload advrtisements with a verified source and this is visible to all other users on the platform.

6. Registration is possible only for adult users.

7. The company reserves the right to temporarily restrict access, block and delete user profiles in case there is data or suspicion that a user seriously violates these General Terms, uses the Platform not for the purposes it was intended for or engages in illegal activities through the Platform.

III. FUNCTIONING OF THE PLATFORM

1. After registration on the Platform and activation of the user profile by filling it with additional information, each user can publish adbertisements for the purchase or sale of goods. The main parameters of the advertisements are predetermined by the company and may include:

• The specific type of goods

• Year of harvest (for crops)

• Location of the goods

• Term of the ad

• Price

• Quantity

• Method of payment

• Other conditions and additional information (e.g. photos)

2. The publication of an advertisement on the Platform is free of charge. The company does not charge fees for posting ads. The company receives a commission for its services as described in I. 7 of these General Terms.

3. Through the Platform the registered users (business clients or individual users) have the opportunity to negotiate in connection with published advertisements, to make offers and counter-offers and to reach an agreement for concluding a contract for purchase and sale of the goods individualized in the announcement.

4. The company is not a party to the purchase and sale contract.

5. Upon reaching an agreement to conclude a contract of sale, the parties shall agree on the essential terms of the contract, including the price, the method of payment and the method of delivery.

6. At the request of the parties, the company may assist the parties in the transport and delivery of the goods, if possible. 

7. After reaching an agreement for concluding a contract of sale or upon expiration of the set term of the advertisement without an agreement being reached, the ad shall be withdrawn from the Platform.

8. The Platform maintains a rating system for individual traders (based on the opinions of buyers) who make transactions through the Platform.

IV. PAYMENTS

1. The parties to the contract of sale are free to choose the method of payment. The party that has agreed to the terms of an uploaded adadvertisement (Sell type) and has initiated the initiation of pre-negotiations on this advertisement for a future transaction should pay the commission owed to the company through the platform.

V. RESPONSIBILITY

1. In connection with the operation of the Platform, the company shall perform proper verification of the users of the platform. The company carries out a basic check of the published advertisements and can change their status. The company does not control the content of the advertisements (except for the files attached to the ad). The company does not establish and does not exercise control over the submitted offers and counter-offers and is not able to provide evidence and guarantee of the legitimacy, accuracy, completeness and reliability of the published advertisement.

2. Each registered user should carry out his own due diligence of a published advertisement and of the other user before concluding a sales contract

3. The company is not a party to the sales contracts concluded through the Platform.

4. The company is not responsible for the fulfillment of the contractual or legal obligations of the buyer or seller in connection with a contract concluded through the Platform. Each party should seek its rights from the other party to the contract.

5. In cases where one of the parties to the contract is a natural person - consumer, the rights that may arise for him/her under the Bulgarian Consumer Protection Act shall be exercised against the other party to the contract, which has undertaken obligations to the consumer and not against the Platform or the company.

6. The company makes every effort possible, but cannot guarantee that the Platform will operate without interruption or that all of its contents will always be available.

7. The company makes every possible effort to constantly and timely update the information on the Platform, but cannot guarantee that the content is accurate, complete and up-to-date at all times.

8. The company is not liable to the registered users of the Platform for damages and lost profits in connection with the use of the Platform. However, The company does not exclude its liability to registered users of the platform where this would be contrary to applicable law.

9. Each registered user is responsible for their actions and should indemnify the company in case of damages incurred by Us in connection with the use of the Platform by a registered user.

10. Registered users are fully responsible for their actions as a seller or buyer under a contract of sale regarding the party with whom they trade and should indemnify that party in full for any claims that may be brought by other registered users.

VI. COPYRIGHT AND TRADEMARK

1. All rights pertaining to the content on the Platform (text, images, video, logos, voices, programs, as well as menus, web pages, graphics, colours, patterns, tools, characters, pictures, drawings, diagrams, layouts and overall design of the Platform as well as functions and software that are part of the Platform) belong to the company, Republic of Bulgaria, or third parties, if any, engaged by the company.

2. None of the photos, illustrations, designs, logos and other works on the Platform mentioned above may be used without Our prior permission.

3. All of the trademarks and service marks used on our Platform belong to the company or are used based on official rights such as on the basis of a license agreement or by mutual agreeement. Their unauthorized use is not permitted

VII. CONFIDENTIAL INFORMATION

1. The company, on one hand, and any registered user, on the other hand, undertake not to disclose confidential information that has become known to them during the use and operation of the Platform, except when there is a legal obligation to disclose such information.

VIII. LINKS

1. In the event that there is a link in the Platform to another website, We may decline the link depending on the content of the website from which the link is made and the method of that link. In addition, the company does not in any way guarantee the content of sites linked to in the Platform, and is not liable for any damages caused by a site to which the Platform is linked.

IX. FORCE MAJOURE

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Conditions that is caused by events outside our reasonable control (below “Force Majeure Event”).

2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action.

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

• Impossibility of the use of public or private telecommunications networks.

• The acts, decrees, legislation, regulations or restrictions of any government.

3. Our performance of an obligation in connection with the services provided through the Platform is considered suspended for the period during which the Force Majeure Event continues, and we will have an extension of the performance time for the period of this period. We will use our reasonable efforts to end the Force Majeure Event or to find a solution by which our obligations will be fulfilled despite the Force Majeure Event.

X. SEVERABILITY

1. If any of these Conditions or any are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by the applicable law.

XI. TERMS AND APPLICABLE LAWS

1. All terms used in the Conditions herein, as well as their derivatives shall be interpreted in compliance with the applicable laws unless not explicitly specified otherwise above.

XII. FINAL PROVISIONS

1. These General Terms come into force on 14.06.2021. Date of latest revision is 14.06.2022.

2. The Conditions are valid indefinitely throughout the period of the Platform’s operation.

3. These General Terms may be amended due to the adoption of new laws and regulations or other reasons. In the event of an amendment, the new General Terms shall be effective as of the date of publication on the website of the Platform.

4. In the event of a legal dispute of any kind between a registered user and the company, Bulgarian law is applicable. The user and the company agree to resolve disputes in a spirit of understanding. If this is not possible, the dispute will be resolved by the competent Bulgarian court.

5. Bulgarian legislation and EU law are applicable to issues not settled by these General Terms.

6. Information provided according to Art. 181n of the Bulgarian Consumer Protection Act:

• A Consumer dispute that may arise out of these Conditions may also be referred to the Commission for Consumer Protection: КЗП (kzp.bg)

• A payment dispute that may arise out of these Conditions may also be referred to the Conciliation Commission on Payment Disputes within the framework of the Commission for Consumer Protection: Помирителна комисия за платежни спорове (ПКПС) - Контакти (abanksb.bg)

• Any consumer dispute that may arise out of these Conditions may also be settled through the European Commission Online Dispute Resolution website http://ec.europa.eu/odr dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes.

7. These Conditions are drafted in Bulgarian and in English language. In case of discrepancy, the Bulgarian language version shall prevail.