Terms & Conditions

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Terms & Conditions For Buyers

(Updated on 23-01-2023)

Please read this important legal information that apply on your use of our website (europeanscrap.com) and its services.

By using http://www.europeanscrap.com or the European Scrap mobile application of the online platform (collectively, the “ Website ”), you confirm that you have read, understood, and accept these terms of use (“Terms and Conditions”) as the terms which govern your access to and use of the Website and the Service and you agree to comply with them. If you do not accept or agree to comply with these Terms, you must not use this Website. Additionally, when using a portion of the Service, you agree to conform to any applicable regulations and guidelines for such Service, which may change or be updated from time to time at our sole discretion.

These Terms and Conditions are made between European Scrap (“we” “us” “ our ”, the “Company”, as applicable) and you (“you ” or the “ User ”). If you are a company and want to advertise on our Website, you will be required to enter into additional terms and conditions set out in our Advertising Agreement, however, please note that these Terms will still apply and must be read in conjunction with any other agreement you enter into with the Company.


Definitions

The following capitalised terms shall have the following meaning, except where the context otherwise requires:
“Registration Details” means the details a Buyers must provide upon registering for the Services and the Website from time to time (for example: name, phone numbers, email address, age, address and/or tax status) and any documentation as may be requested by the European Scrap from time to time;
“Buyer” means a buyer of a Product;
“Buyer Offer” means an offer submitted by a Buyer to European Scrap to sell a Product through the Services;
“Product” means any part, item. device or accessories related to sports;
“Offer Price” means the price at which a Product is listed for purchase on the Website;
“Services” means the services provided by European Scrap, pursuant to which Users can sell and buy Products through the Website;
“Terms and Conditions” means these terms and conditions with respect to the Services, as may be amended by European Scrap from time to time;“Advertising Agreement ” – an agreement for the provision of advertising services or products entered into between the Company and the Client.
“Ad Services Package ” – the bundle of advertising product or service which the Company agrees to provide to the Customer, as set out in the relevant order form provided by the Company and signed by the Client to order the Ad Services Package pursuant to these Terms and the terms of the Advertising Agreement.
“Affiliates ” – any company that is controlled or owned by European Scrap and any company commonly controlled or owned by European Scrap.
“Client” – the client entity that is party to the Advertising Agreement.
“Customer” – any customer of the Client.
“Effective Date” – the date set out at the top of these Terms.
“Intellectual Property Rights” – all intellectual property, including patents, trademarks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
“Material” – material and content published on the Website or otherwise provided by the Company in connection with the Service.
“Privacy Policy” – the privacy policy of the Company from time to time.
“Posting Agents” – a third-party agent, service or intermediary that offers to post Material to the Service on behalf of others.
“Service” – the provision of the Website and the Product.

A buyer must:
(a) be at least eighteen (18) years of age, in the case of an individual;
(b) be legally capable of entering into a contract with European Scrap;
(c) not have any criminal record and be compliant with all Applicable Laws;
(d) be resident in the Netherlands; and
(e) have valid identification or incorporation documents as requested by European Scrap, in the case of an individual or legal entity, respectively.

Each Buyer warrants and represents that:
(a) they are legally authorised to purchase the Product; and
(b) their use of the Website and purchase of the Product is not in breach of any Applicable Law including, without limitation, anti-money laundering laws or any agreement or contract to which the Buyer is a party.

European Scrap does not give any representation or warranty as to the description, specification, quality, price of or the accuracy of any information related to any Device listed for sale on the Website.
- The Buyer shall have the option to purchase the Product at the Offer Price or make an offer for the Product at below the Offer Price.
- European Scrap shall have no obligation whatsoever to accept an offer from the Buyer and may, in its sole discretion, reject an offer for a Product.

Payment
If European Scrap accepts an offer from a Buyer to purchase a Product, European Scrap shall send a payment link to the Buyer to purchase the Product. European Scrap’s acceptance of an offer does not guarantee that the Product will be sold to the Buyer.
- The Buyer acknowledges and agrees that it will only be entitled to receive the Product once it has made payment for the Product and such payment has been received by European Scrap and that the Product may be sold to a third party if European Scraps receives payment for the Product from such third party before the Buyer. An advertisement in respect of a Product will only be removed from the Website after a Buyer has paid for the relevant Device and such payment has been received by European Scrap.
- The Buyer shall pay for a Product using any one of the payment methods specified by European Scrap from time to time.

Delivery
As soon as reasonably practicable following receipt of payment from the Buyer, European Scrap shall deliver the Product to the Buyer at a time and address agreed with the Buyer. European Scrap may reschedule the time and date of delivery and shall have no liability in respect thereof. European Scrap shall have no liability for any delay in delivering the Product to the Buyer.
- European Scrap will only deliver Products to addresses located in the Netherlands.
- All deliveries shall be subject to a delivery fee as determined by European Scrap from time to time, which shall be exclusive of VAT.

Warranty
European Scrap does not provide any warranty on Products that are faulty or defective starting from the date of receipt of the Product by the Buyer. A Product will not be confirmed as eligible for repair or replacement under any warranty until it has been confirmed to the Buyer by European Scrap that the Product is accepted for return.
- The European Scrap warranty will only apply to parts that have been replaced by European Scrap. All such parts will be listed in the documentation provided to the Buyer upon purchase. The Buyer must also provide the original purchase invoice and documentation to Sportees in order to make a warranty claim.
- In order to make a warranty claim, please contact info@europeanscrap.com and provide the details of the warranty claim, including videos and pictures of the defect in the Product if possible.

“Unacceptable” – any material or information uploaded to or made available on the Website which under the law of any jurisdiction from which the Website may be accessed may be considered:
a)- illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
b)- in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
c)- in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or
d)- harmful to the Company’s reputation. “User Material ” – material and content posted on the Website by a User or otherwise provided to the Sportees by a User in connection with the Website or the Service.


Terms & Conditions For Sellers

(Updated on 23-01-2023)

Please read this important legal information that apply on your use of our website (europeanscrap.com) and its services.

By using http://www.europeanscrap.com or the European Scrap mobile application of the online platform (collectively, the “ Website ”), you confirm that you have read, understood, and accept these terms of use (“Terms ”) as the terms which govern your access to and use of the Website and the Service and you agree to comply with them. If you do not accept or agree to comply with these Terms, you must not use this Website. Additionally, when using a portion of the Service, you agree to conform to any applicable regulations and guidelines for such Service, which may change or be updated from time to time at our sole discretion.

These Terms and Conditions are made between Sportees (“we” “us” “ our ”, the “Company”, as applicable) and you (“you ” or the “ User ”). If you are a company and want to advertise on our Website, you will be required to enter into additional terms and conditions set out in our Advertising Agreement, however, please note that these Terms will still apply and must be read in conjunction with any other agreement you enter into with the Company.


Definitions

The following capitalised terms shall have the following meaning, except where the context otherwise requires:
“Registration Details” means the details a Seller must provide upon registering for the Services and the Website from time to time (for example: name, phone numbers, email address, age, address and/or tax status) and any documentation as may be requested by the European Scrap from time to time;
“Seller” means a seller of a Product;
“Seller Offer” means an offer submitted by a Seller to European Scrap to sell a Product through the Services;
“Product” means any part, item. device or accessories;
“Offer Price” means the price at which a Product is listed for purchase on the Website;
“Services” means the services provided by European Scrap, pursuant to which Users can sell and buy Products through the Website;
“Terms and Conditions” means these terms and conditions with respect to the Services, as may be amended by European Scrap from time to time;“Advertising Agreement ” – an agreement for the provision of advertising services or products entered into between the Company and the Client.

A seller must:
(a) be at least eighteen (18) years of age, in the case of an individual;
(b) be legally capable of entering into a contract with European Scrap;
(c) not have any criminal record and be compliant with all Applicable Laws;
(d) have valid identification or incorporation documents as requested by European Scrap, in the case of an individual or legal entity, respectively.

Each Seller warrants and represents that:
(a) it is the legal owner of the Product and is legally authorised to sell the Product;
(b) their use of the Website and sale of the Product would not be in breach of any Applicable Law or agreement or contract to which the Seller is a party; and
(c) the Product is free from any encumbrances.

The Seller must provide a true, accurate and correct description of the Product and its specifications including, but not limited, the model, the storage space and the condition.
- The Seller must ensure the Device is not blocked or PIN locked when collected by European Scrap.
- In registering for the Services and the Website, Sellers must provide true, accurate, current and complete Registration Details. Sellers must update any changes to their Registration Details (except age).
- A Seller must keep confidential any user identification and password details set-up or given to the Seller as part of Sportees’s security procedures and must not disclose them to any third party.
- Each Seller is solely responsible for any use of, or action taken under the Seller’s account, and shall fully indemnify European Scrap and its affiliates, directors, officers, employees, authorised representatives, consultants, professional consultants or authorised agents from any damages or injury suffered by Sportees resulting from any use of the Seller’s account or any breach of Applicable Law.
- European Scrap reserves the right to suspend or terminate a Seller’s account where, in its absolute discretion, it suspects or deems or in European Scrap’s opinion the Seller has breached these Terms and Conditions or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, European Scrap will notify the Seller by email and the Seller must not seek to re-register on the Website either directly or indirectly or through a related entity or another person. European Scrap’s rights under this paragraph shall not prejudice any other right or remedy Sportees may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.
- European Scrap may refuse to provide the Services to a Seller if, in its sole discretion, European Scrap considers that the Seller has not complied with any other obligation stated in this document.
- European Scrap will not accept liability for any loss, damage or costs which you incur if any SIM card, memory card or other media device is sent with the Product or if personal data remains on the Product including, without limitation, any charges which you incur as a result of use of your Product by any person, whether incurred before or after our receipt of the Product. We will not be in any way responsible for the security, confidentiality, protection, use or disclosure of any personal data that you fail to delete or any losses or costs that arise as a result and shall not be deemed to be holding, processing or otherwise using the data on your behalf in any way.

“Ad Services Package ” – the bundle of advertising product or service which the Company agrees to provide to the Customer, as set out in the relevant order form provided by the Company and signed by the Client to order the Ad Services Package pursuant to these Terms and the terms of the Advertising Agreement.
“Affiliates ” – any company that is controlled or owned by European Scrap and any company commonly controlled or owned by European Scrap.
“Client” – the client entity that is party to the Advertising Agreement.
“Customer” – any customer of the Client.
“Effective Date” – the date set out at the top of these Terms.
“Intellectual Property Rights” – all intellectual property, including patents, trademarks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.
“Material” – material and content published on the Website or otherwise provided by the Company in connection with the Service.
“Privacy Policy” – the privacy policy of the Company from time to time.
“Posting Agents” – a third-party agent, service or intermediary that offers to post Material to the Service on behalf of others.
“Registration Details” – the details a User must provide upon registering for the Website from time to time (for example: name, phone numbers, email address, age and/or address).
“Service” – the provision of the Website and the Product.
“Unacceptable” – any material or information uploaded to or made available on the Website which under the law of any jurisdiction from which the Website may be accessed may be considered:
a)- illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;
b)- in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
c)- in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or
d)- harmful to the Company’s reputation. “User Material ” – material and content posted on the Website by a User or otherwise provided to the Sportees by a User in connection with the Website or the Service.


Enquiry with us

We reserve the right to update/change these Terms and Conditions from time to time. Our updates will be displayed on our platform (website), and by continuing to use and access the platform, following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations

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