Ymery

General terms and conditions and privacy statements of ymery.com

 

Besides the official general terms and conditions and privacy statements of ymery.com in the Dutch language, the general terms and condition and privacy statements of ymery.com are also available in the English language. These translations are based on the general (levering) terms and conditions and privacy statements of ymery.com as drawn up in the Dutch language and secured at the Chamber of Commerce in Lelystad under number 39099874. Consequently, the Dutch version is binding and can be referred to. None of the translations are binding.

 

clause 1 - Object of Agreement

AgoraHouse BV (hereinafter referred to as AgoraHouse) operates, assigned by one of her clients, the internet portals and marketplaces under the name of ymery.com (hereinafter referred to as ymery). www.ymery.com is a virtual marketplace, exclusively reserved for the information exchange in Business-to-Business trade and relations.On this platform ymery brings together sellers and buyers for goods, services and business contacts through supply-, contact- and out boarding information. To enter and use the closed users’ platform ymery it is mandatory to close a users’ agreement with AgoraHouse in accordance with clause 3 paragraph 1. The trough ymery communicated statements of will and agreements come into being directly and exclusively between concerned users and are being met and concluded outside the platform. ymery serves consequently only for the informational entering into business contacts and is not a party in the sales agreement. AgoraHouse can possibly be marked as contract party if this is explicitly mentioned and agreed on by the parties by contract.

 

clause 2 User and Utilization Requirements

The use of ymery is for the use of the members of ymery only.Only someone who is registered at the Chambers of Commerce and/or is a legal person not acting as a private person can register him- or herself as a user. ymery has the right to demand evidence regarding the following of the users’ conditions for ymery. The interested party guarantees that all information provided by him is truthful and complete and he, in particular, acts in line with the users’ conditions. If the user is not a natural person, the person acting in name of the user is obliged to proof his authority for representing the user, on the request of ymery. ymery has the rights to set the details concerning the representation evidence. For the remaining, ymery stands in good trust regarding the according representation authority.If the user is a natural person, this person needs to be of age and unrestricted legally capable.There is no question of a right to the use of ymery, because AgoraHouse can exclude members or suppliers, during the process of registration and during the duration of the agreement, at all times - for example in the case of security related objections - and without specifying reasons. With registration the user acknowledges the General terms as well as the possible modifications, announced to him, of the General terms. If the General terms are being modified, this will be reported to the users in written, electronic, form. He therein will have the possibility to react to the modification and determinate the users relation. When the user does not react to the modification, the new General terms will be considered acknowledged.

 

clause 3 Registration and closing the agreement

The user can register himself through filling in and sending the registration form to ymery. With the registration he acknowledges the specific ordering conditions as well as the GT&C. The registration as a user and the admittance to the platform takes place after the arrival of the registration form at ymery by consistent announcement to the users per mail en the admittance of the username and password in the system. The users agreement will be established only when the access code is being closed or the assignment confirmation has been sent with e-mail.There is no question of a right to close a users’ agreement. ymery holds herself the right to refuse or revoke the closing of a users agreement without specifying reasons, principally because of (a) incorrect data at registration; (b) doubt as to the representation authority and the judicial existence of the user and his commercial use, that have not immediately been annihilated, on the cost of the user, by the presentation of fitting evidence; (c) doubt or suspicion as to the seriousness and solvency of the registrator/user; (d) suspicion towards questionable ways of doing business on ymery or competition merits against ymery; (e) violation of the users guidelines and the GT&C of Ymery. The agreement is being closed, depending on the valid ordering conditions, for a period with automatic prolongation of another 12 months or of the in the agreement stated minimum duration. When ymery does not receive a written resignation 2 weeks ahead of expiration at the latest, the agreements will be prolongated with the same duration each time. ymery will confirm receiving the resignation within 7 days per e-mail.The right of immediate resignation and a one-sided exclusion on important grounds from the side of ymery will continue unhindered.The user obligates himself to make all modifications on the at registration mentioned data immediately known to ymery. The user should take special care that ymery at all times possesses the recent and valid e-mail address for the purpose of communication.

 

clause 4 Access, username and password

The user obliges himself to take care that the username en the password are being protected against access by third-parties and especially do not make them known to persons, who in conformity with article 2 are not as users entitled to or part of the own enterprise (extended separate access rights). Every abuse of username or password, of which the user has knowledge of or of which he, based on facts, has a suspicion, should without delay be made known to ymery. The user is liable for abuse of his username, unless he can proof, that the abuse has arisen from the danger zone of ymery.The access to the platform can be denied when an incorrect password has been entered three times.

 

clause 5 Performance of ymery

ymery offers a platform, on which the user as supplier can publish information concerning product information, interest in business relations or purchase wishes and view these publications and come in contact with the concerning supplier. ymery offers members and suppliers in the form of different forms of membership or premium bundles different service variants, that are arranged through the conditions or for which extra agreements are established. ymery has the rights to change her service offerings, as well as the functionalities and user interfaces, belonging to her online marketplace, at all times. All other provision of services will be fulfilled by Agorahouse and not by ymery. A written agreement or confirmation should then always serve as a foundation for this.

 

clause 6 Duties of the user

The user guarantees, that all data, especially concerning the products, services or offers concerning the entering into business relations offered by him, are correct and non misleading. On ymery he acts under his own name and is responsible for what concerns his current address-, company- and contactdata. The supplier guarantees, that the offered product is at his unlimited disposal and that it is not weighed with third-party rights and is available with enough pieces for sale. The user obliges himself only to use the service provisions of ymery when it is in accordance with the general terms of use (article 7) for suppliers of ymery and the concerning laws, the good customs as well as the general internet standards. (a) the violation of rights of third-parties, especially author-, name-, or brandrights (b) contents, that are of violence-exalting or pornographic nature or in any way at odds with the statements of the lawbook of criminal law (c) inputs, that contain viruses, Trojan horses or other programs, that are suitable to damage, secretly gain control of or erase data or systems (d) the offering of products and contents that are not allowed to be sold or bought in public or the possession of which damages a lawful right; are especially not acceptable. The user bears all costs that arise for him through installing or changing his online connection, through the use of the public communication network as well as through the purchasing and maintenance of his, for the use of the platform necessary, communication equipment. If ymery on grounds of contents of a user is confronted with a claim by a third-party for negligence, deleting, supply of information, compensation of costs or damage compensation, the user should protect ymery for the expenses, which include reasonable costs for juridical support. If it is questionable whether there is a claim by a third-party and if the user appeals to the non existence of the claims, the user can avoid the damage claim by giving ymery enough security for the costs of a procedure and damageclaims and by joining the fight.

 

clause 7 Advertisements and offers by the seller

As seller on ymery users can publish product offers, advertisements for the entering into business relations or purchase-/contactwishes. To that end it is necessary that the therefore meant entry field is filled in with the required data. The following general conditions en advertisement guidelines apply on offers on ymery: -tangible product/quantity offers for retail or the business instalment with concrete description in headline and short description as well as mentioning of the price - advertisements for the entering into business relations with typical and serious professional contents. Excluded are - the reference to homepage and e-mailadresses in companynames, the image, headline and short description of offers - misleading and objectively exaggerated statements - set prestation descriptions - offers, through which the applying law, especially the right of competition, commercial patent rights or agreements are being violated - competition relevant offers (marketplaces) concerning ymery. The reference to further offers and internetoffers of the user is permitted in the for this purpose designed fields and the comprehensive product description is permitted. The upload of pure HTML-code is possible within the comprehensive description of the offer, without the existence of ownership in the separate case. ymery has the right to check contents of offers by users/sellers as well as their identity and terms of use, to demand proofs of deliverability, to reject, change, deactivate or remove offers. ymery has the right to shut providers off partially or completely from the trade on ymery without any statement of reasons. This applies particularly when the provider acts contrary to his obligations, the commercial guidelines or the general delivery conditions. The same applies when the safety interests of ymery and her users demand this. The advertisement is launched binding for the user, when it is registered in the database of ymery and released by the user. The user is able to cancel his off on ymery. The cancelation is in force from the moment of removal or blocking of the advertisement on ymery. The advertisement of the user on ymery does not constitute a binding offer to close a buying agreement. Other users, if interested, are able to come in contact with the seller by telephone, telefax or e-mail-contactform. ymery sends the important information of the interested party to the provider by e-mail. Therefore, ymery exists only for the exchange of information and the making of business contacts and is not a party in the buying agreement.

 

clause 8 Accounting of will declarations, acts and utterances

With all the will declarations, commercial acts as well as other judicially relevant acts or utterances (summarised as “measures”) placed on the initiative of a user, provided to another user or received from this user on the online trade platform ymery, it only concerns measures by the users themselves. ymery does not act on her own name nor as a representative of another name concerning these measures. Concerning the service in connection with the regarding availability, ymery accepts no obligations.

 

clause 9 Billing, compensation and special electronic payments

With the registration at ymery the user costs have to be paid in conformity with the current pricelist of ymery and the compensation agreement recognized by the user. The usercosts have to be paid before use in conformity with the billing address to Agorahouse without the occurrence of additional costs.The claim to compensation exists independently of the use or possible by agreement settled restraints by Webymery for the agreed period. This particularly applies to restraints that arise for the user or his provider based on incompatibilities or specific software-settings. The services of and the access to ymery can be restrained, particularly when the user is failing to pay his usercosts.The user explicitly agrees to receive bills and connected information of Ymery as a PDF by e-mail as an original print and takes care that ymery and Agorahouse always posses an active and reachable e-mail address. On request Agorahouse can make a print of the bill, which will be sent by telefax or by mail. If the user has permitted Agorahouse and ymery while signing up or during the course of the membership and has supplied information for electronically collecting costs for using ymery, by credit card or automatic transaction, then Agorahouse is permitted to save and transfer this information to the corresponding settling service and to banks, for as far as this is permitted by regulations concerning data protection. The permission to automatic transactions exists in correspondence to the terms and conditions concerning the prolongation of these, until this is cancelled, for all costs of the current and future use of ymery independent of the possible essential base. Agorahouse is particularly permitted to collect returning costs for active agreements such as the yearly contribution after the first charge without any further actions by credit cars or automatic transaction. Thereby, the user is obliged to supply Agorahouse with the current connection data. If periodic collections cannot be executed or are being disrupted because of protest or lack of covering, then next to the original costs the user is obliged to pay for possible extra costs and costs from payment organizations for Agorahouse. 

 

clause 10 Data protection, datasaving, data processing

With signing up and registration on ymery, you, as a user, agree to the saving and processing of your personal and business related user- and userdata, your publicized offers, your e-mail traffic within the system for as far as these need to be set for the business-like goals of ymery and archived for the documentation and safety goals. ymery is especially permitted to use your membership data and e-mailadress to, (a) publicize it in connection with services on ymery executed by ymery and to send it through to providers with requests (b) send membershipbills and information concerning ymery, during and in connection with the membership, until this permission is recalled by you. (c) announce it to therefore by the law permitted institutions in connection with legal obligations and (d) send on to other members or government institutions in all cases with justified interest for the activities by the user on ymery. The user gives the possibly needed permission by accepting these special agreements and by using ymery.

 

clause 11 Guarantee exclusion

For the in connection with ymery supplied information, statements of will, agreements between third parties and requests concerning goods and services, the following accountability restraints apply in favour of Agorahouse and ymery. ymery is not accountable for the agreements between the respective users and supplied information. ymery excludes every guarantee on the to the buyer by the seller delivered goods and services. In particular, Webymery does not guarantee the correctness and completeness of the by the buyer or seller supplied information and announcements, the quality and usefulness of the goods and services to be supplied, of the suitability of these for a by the buyer set goal, the fact that the goods and services do not violate any rights of third parties, for the existence, the seriousness and the solvency of members, users, providers and buyers. ymery is not able to exclude with complete certainty, that the person, mentioned as the buyer or provider in the supplied or received statement of will, does not actually exist. The actual authorship of the statement of will thus far always stays doubtable. The user, supplying or receiving an offer, therefore acts on his own risk concerning the existence of the contractual partner. Also ymery is not able to exclude with complete certainty that a password falls in to the hands of a person, not fully permitted by the user by statements of will. This risk as well, is for the user. Accountability of ymery based on rules of the messenger without power of the messenger is excluded, for as far it is not a case of intention or extreme negligence.

 

clause 12 Exclusion of liability

ymery is not accountable for the accountabilities rising from the fact, that ymery temporarily in particular because of maintenance is not available for the user, for as far as the failure does not exceed a total time of 5% of a year per calendar year and there is no case of intention or extreme negligence during a longer failure. ymery is not accountable for the correctness and/or the completeness of the on the website of ymery by the users supplied information, advice and recommendations respectively for the through the website of ymery accessible information, advice and recommendations of the users.In particular ymery detaches herself in substance from all the with offers connected internetlinks, their contents and authors and is not accountable for contents, matters or damages brought about by such links. ymery is not responsible for any damages, rising in connection with the imperfection of the used software and hardware as well as in particular technical shortcomings of the internet. ymery particularly does not accept any liability for damage that is independent of blame and rises because of lacking availability respectively failure free functioning of the internet, the application of soft- respectively hardware in using the website of ymery as well as the wrongfully or invalid handling of contractual prestations because of technical risks of the soft- and hardware as well as the internet. This particularly applies to limitations that occur to the user or his provider based on incompatibilities or specific software-settings. ymery is not liable for damage, rising from the imperfection of the offers by the buyers on the website of ymery as well as corresponding answers by sellers. Ymery is in particular not liable for damage, rising from removing or suppressing of entries of the sellers and buyers on the website of ymery respectively from not removing or suppressing these. ymery is not liable for damage, rising from the simple negligent renunciation of a not essential contractual obligation. This also applies to the simple negligent renunciation of not essential obligations in contractual negotiations and a simple negligent caused legal liability. In case of liability, excluded because of intention, is an obligation to damage compensation limited to the typically foreseeable damage, in any case to the height of the average for the proceeds typical damage. ymery is not responsible for the Total content of the internet pages of third parties, in particular of the shops within ymery, in which there is referred to the internet page of ymery in a direct or an indirect manner. The mentioned liability limitations apply correspondingly for Legal representatives, co-operators and assistants of ymery. ymery points to the fact that buyers and sellers are able to insure themselves against possible damages.

 

clause 13 Qualified law court / Applicable law

To this agreement, the law of the Kingdom of the Netherlands applies. The application of the UN-trade law is excluded. The appropriate court of law for the agreements based on these terms and conditions is seated in Zwolle, the Netherlands. ymery has the right to institute a legal claim at the general qualified law court of the user.

 

clause 14 End clauses

The taking into account of the general terms and conditions of the users is hereby contradicted. Should separate clauses of this agreement be in whole or partially null and void or lose their validity, then this leaves the validity of the rest of the agreement unhindered. The invalid arrangement is to be replaced by a valid one, which corresponds to the economical success of the null and void arrangement as much possible, by the parties.

 

 

 

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