Terms and Conditions of Use

TERMS AND CONDITIONS OF SAMOVING, S.L.

  1. General information

Samoving, S.L., with NIF number B-75.237.651, with registered office at Éibar (Gipuzkoa), calle Iñaki Goenaga, 5-Edificio Tekniker and registered in the Commercial Register of Gipuzkoa, Volume 2.944, Folio 57, Page SS-42.586, 1st Entry (hereinafter, "Samoving"), is the owner of the ScrapAd platform hosted on the platform https://www.scrapad.com/ (hereinafter, the "Website").

These terms of use set out the use of the platform (https://www.scrapad.com/) and all content, products, services and tools available on the platform (collectively and hereinafter "The Platform"). By using the Platform you agree to these terms and conditions.

These terms and conditions (hereinafter, the "Terms and Conditions"), freely available on the platform through the following link https://www.scrapad.com/informacion-legal/aviso-legal regulate the relationship of Samoving with the Users who want to buy or sell raw materials or recycling material (hereinafter, the "Items") through the platform for the price defined by the Users of the platform. Users may contract the products offered on the platform:

  • Registering as an individual

  • By registering through the profile of the company of which you are a member, provided that your company has accepted Samoving's general terms and conditions.

(The foregoing collectively referred to as the "Users" collectively or, the "User" individually).

In order to buy and sell the Articles offered on the platform it is necessary to have read and accepted the Privacy Policy and the Terms and Conditions by ticking the corresponding acceptance box.

If Users wish to contact Samoving with any questions or concerns regarding the Terms and Conditions any of the following channels:

  1. Object

These Terms and Conditions are intended to govern the purchase of the Goods by Users through the https://www.scrapad.com platform and their delivery to the address indicated by the buyer (hereinafter, the "Transaction" or "Transactions").

The platform is a buying and selling platform that allows Users to offer, sell and buy Items, in a wide variety of price formats and locations.

Samoving does not own any of the Items for sale or sold through the platform and is not involved in the actual sale and purchase between buyers and sellers. The contract of sale is concluded directly between the buyer and the seller. Therefore, the Articles advertised and sold on the platform are the sole responsibility of the sellers, especially with regard to their ownership, quality, safety, origin, warranty and compliance with applicable law.

In any case, the particular conditions agreed in the contracts entered into between Samoving and the User or between the buyer and the seller shall prevail over the Terms and Conditions in all that they oppose.

Although we can help facilitate dispute resolution, Samoving neither controls nor guarantees, the existence, quality, safety or legality of the advertised Items; the truthfulness or accuracy of the content, advertisements or User ratings; the ability of sellers to sell items; the ability of buyers to pay for Items; or that a buyer or seller will ever complete a Transaction.

The date from which these Terms and Conditions are in force is that which appears at the end of the text, and Samoving may modify and/or update them, previously informing the User for acceptance or rejection in case of being substantial. In any case, the User will be deemed to expressly accept such modifications or updates when performing a new Transaction through the platform and the new terms and conditions will fully replace the previous ones, taking effect in the new Transactions that are performed.

By ticking the box corresponding to acceptance and following the entire contracting process, the User expressly accepts the Terms and Conditions with the same validity as his or her signature in person, having previously read and understood their content, and acknowledges that he or she is a person with sufficient capacity to acquire the obligations agreed with the acceptance.

In any case, in order to carry out a Transaction, the User declares and guarantees that he/she is at least 18 years of age, has full legal capacity or authorisation from his/her parents and/or legal representatives, except in the case of emancipation, and has read and accepted the Privacy Policy and the Terms and Conditions.

  1. User Registration

User registration is optional and completely free of charge, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User. Users will be able to register on the platform by accessing the "I want to register" section and providing:

  • "Name"

  • Surname" "Surname" "Surname" "Surname" "Surname" "Surname"

  • "E-mail" which corresponds to the User name

  • "Password

  • "Cargo"

  • "Language

The User guarantees that the registration information provided to Samoving is true, correct and complete, and undertakes to keep it that way at all times.

After this, your account will be created and you will be able to access your User profile (hereinafter the "User Profile", the "Account" or the "Profile"). Once inside your Profile, the User may complete the data relating to the billing address by filling in the fields corresponding to the "Address" section in a registration form, these fields include:

  • Legal form (natural person or company)

  • "Name of the User natural person or of the legal representative if the User is a company".

  • "Surname of the User natural person or of the legal representative if the User is a company".

  • "Date of birth

  • "Nationality

  • "Country of residence

  • "Name of the company

  • "Trade name of the company

  • "Tax identification number

  • Company website

  • "Country/Region

  • "Street address

  • "Locality/City" "Locality/City" "Locality/City" "Locality/City" "Locality/City"

  • "Region/Province

  • "Postal Code

  • "Telephone"

  • "E-mail address".

The lack of mandatory personal data and information implies the impossibility of completing the registration on the platform and benefiting from the advantages that, in the case, it entails.

Users undertake that the password chosen during this registration process will be personal and non-transferable, and may not be transferred to third parties in any way. In this regard, Users undertake to make diligent use of the password chosen to access the Website and to keep it secret.

If the User knows or suspects that his/her password has been lost, stolen or used by third parties, he/she must inform Samoving of this circumstance and will be liable for any damages caused by the improper or negligent use of his/her password by any third party.

Users are responsible for the veracity of the data used for the creation of the Profile and for the consequences, errors and faults arising from the lack of correspondence of the same with reality.

If Samoving considers that the User is in breach of the Terms and Conditions for buying or selling the Items posted on the platform after contacting a counterparty outside the platform, Samoving reserves the right to take certain actions, including - depending on both the severity and the eventual recurrence of the breach - limiting your buying and selling privileges, adding restrictions on sales and options to your Account or suspending your Account.

By registering for or using any of the services accessible through the platform, including all of its associated features and functionalities, websites and User interfaces, as well as all content and software applications associated with our services, by accessing any advertisement, content or material through the Website, the User accepts these Terms and Conditions.

  1. Unsubscribe as a registered user

Users may unsubscribe from the platform whenever they wish, by writing to info@scrapad.com, indicating their User name. You may also request to unsubscribe from receiving our notifications by email through the same address or through the link indicated for this purpose in all the emails you receive. The process of unsubscribing from notifications may take between 48 and 72 hours.

  1. Use of the platform

The User may not carry out the following actions:

  • Posting, advertising or uploading content in an inappropriate category or area of the platform;

  • Infringe or circumvent any law or third party rights;

  • Sell Articles that otherwise infringe copyrights, trademarks, or any other rights of third parties;

  • Use the platform if you do not have full capacity to act or have been temporarily or permanently suspended from the platform;

  • Manipulate the price of Articles or interfere with another User's advertisements;

  • Publish false, inaccurate, misleading, defamatory or libellous content;

  • Transfer your Account to a third party;

  • Distribute or send spam, unsolicited bulk or unsolicited electronic communications, chain letters or pyramid schemes;

  • Use the contact details of another User for purposes that are not related to a Transaction;

  • Distribute viruses or other technologies that may harm Samoving or the interests of the Users of the platform;

  • Copy, modify or distribute rights or content of the platform or Samoving's copyrights and trademarks;

  • Copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly disseminate any content of our Website without the prior written permission of Samoving and the appropriate third party, if any;

  • Marketing any Samoving application or any information or software associated with such application; or

  • Collect in any form any information about Users, including e-mail addresses, without their consent.

If the User has registered on the platform as a company or on behalf of a company, you represent and warrant that you have the capacity and authority to legally bind that entity.

  1. Abuses on the platform. Restrictions, limitations and account termination.

Samoving may take the following actions if there are specific indications that a User violates applicable law, the rights of third parties, these Terms and Conditions, the policies posted on our Website or if Samoving has any other legitimate interest, especially to protect Users from fraudulent activity, including, but not limited to:

  • Remove advertisements

  • Warnings to Users

  • Delaying the publication of announcements

  • Restrict access to the Website

  • Temporarily suspend the Account

  • Permanently suspend the Account

In deciding on a measure, Samoving shall take into account the legitimate interests of the User concerned, and in particular whether there are indications that the User may not be responsible for the infringement.

Samoving may permanently suspend a User from using the platform, among other reasons, if he/she incurs in any of the following cases:

  • You have repeatedly received negative votes or low ratings and suspension is necessary to protect the interests of other Users.

  • You have provided incorrect contact details.

  • Transfers your User account or gives access to it to third parties.

  • Causes significant harm to other Users or Samoving.

  • If you repeatedly breach these Terms and Conditions or any of the policies posted on our Website.

Once a User has been permanently suspended, he or she cannot claim reinstatement of the User's Account or Profile.

Users may terminate these Terms and Conditions at any time. For its part, Samoving may proceed to the ordinary termination of the Terms and Conditions at any time upon 48 hours' notice.

Notwithstanding the foregoing, the right to suspend a User, as well as the right to proceed with extraordinary termination on any such grounds shall remain unaffected.

As soon as a User has been suspended or the Terms and Conditions have been terminated by Samoving, the User will no longer be able to use the platform even with other accounts and will no longer be able to re-register. This clause shall apply to any company in the group of the suspended User within the meaning of Article 42 of the Commercial Code. Suspension or termination has no effect on the validity of contracts already concluded through the platform.

Without prejudice to any other rights, Samoving may limit, suspend or terminate User Accounts, restrict or prohibit access to the Website and activities on the Website, remove advertisements, or otherwise limit their visibility, delay or remove hosted content, and take the necessary technical and legal measures to prevent your use of the platform, if:

  • It considers that the User is creating problems or potential legal liabilities;

  • Believes that such restrictions will enhance the safety of the User community or reduce exposure to financial liability on the part of Samoving or any other User;

  • It considers that the User is infringing the rights of third parties;

  • Believes that the User is acting in a manner inconsistent with the letter or spirit of these Terms and Conditions or its policies, or acting in a manner that is abusive towards our employees or Users; or

  • Despite reasonable efforts, Samoving cannot verify or authenticate any information you provide to us.

  1. Tariffs

The fees charged by Samoving to the Buyer for concluding a Transaction through the Platform are published on our website https://www.scrapad.com/tarifas/. Samoving may change the fees from time to time by publishing 15 (fifteen) days in advance of the changes made on Samoving's website.

  1. E-procurement

In accordance with the provisions of article 23 of Law 34/2002, on information society services and electronic commerce, contracts concluded electronically shall produce all the effects provided for by the legal system when consent and the other requirements necessary for their validity are met. In any event, the electronic medium on which the contract concluded by electronic means is recorded shall be admissible as documentary evidence in the event of a dispute between the parties. For these purposes, it shall be understood that the completion of all the phases of the purchase process and, where applicable, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for the contract.

Likewise, and in accordance with the provisions of article 27 of Law 34/2002, on information society services and electronic commerce, Users are provided with all the information applicable to the same prior to carrying out a Transaction.

The Transaction procedure is carried out electronically through the platform, so that any User with Internet access that meets the requirements set out in these Terms and Conditions can carry out a Transaction, being publicly accessible all products offered through the platform. Samoving will file the electronic document through which the Transaction is formalized, which will be accessible to the User in the purchase confirmation email, from where it can be downloaded and printed .

  1. Payment institution

All payments will be made through Lemonway SAS, whose registered office is located at 8 rue du Sentier, 75002 Paris, France, registered in the Paris Trade and Companies Register under number 500 486 915 and authorised on 24 December 2012 by the Autorité de Contrôle Prudentiel et de Résolution (French Prudential Control and Resolution Authority, "ACPR", website acpr.banque-france.fr/), 4 place de Budapest CS 92459, 75436 Paris, as payment institution, under number 16568, which acts as payment institution for Transactions concluded on the platform. In order to proceed with the payment, the User must follow each and every one of the instructions indicated on the secure payment gateway to which the User is redirected.

If payment is refused for any reason or if the full amount of the Transaction is not provided (including processing fees and bank transfer fees), the payment will be suspended and the User will be informed that the Transaction has not been completed.

The User accepts the appointment of Samoving as the sole and exclusive agent of the User, for the purpose of ordering Lemonway to release the funds.

You authorize Samoving to automatically charge to the payment method you have chosen in accordance with these Terms and Conditions and applicable billing arrangements any future charges and fees you incur in connection with the Transactions. This includes, but is not limited to, any amounts owed by you to Samoving for fees or refunds in connection with the Transaction.

The User is obliged to use this payment method when buying or selling through the platform.

If for any reason the amounts due and payments cannot be completed through Lemonway, the User shall be obliged to pay Samoving the unpaid amounts and Samoving reserves the right to obtain collection by any other means, plus any additional costs that Samoving may incur in order to obtain collection of the amounts that you have not paid.

  1. Delivery

The transport company appointed by Samoving will deliver the Goods based on the information provided by the User, and Samoving is not responsible for delays/errors caused by incorrect or erroneous information provided by the User.

  1. Invoicing

The issuance of the invoice is the sole responsibility of the sellers of the Articles. The invoice will be issued by the latter, in compliance with the precepts and other fiscal requirements that apply at all times.

  1. Non-conformities on receipt

In the event that the Goods arrive damaged or are deemed by the Buyer not to be in conformity with the information provided by the Sellers at the time of purchase, the Buyer is entitled to claim directly from the Seller.

Samoving will only mediate situations of non-conformities in the terms indicated in the purchase contract between buyer and seller.

Items purchased on the platform cannot be returned to Samoving, nor will they be exchanged for another Item on the platform.

  1. Articles

    1. Conditions of the Articles

By posting an Article, the User agrees to comply with the Terms and Conditions and agrees that:

  • You are responsible for the accuracy, content and legality of the published article and agree to advertise it.

  • You are responsible for all taxes (including, without limitation, penalties, fines, penalties, late payment charges or interest) related to Transactions on the Platform. To the extent possible under Spanish law, you shall compensate Samoving on demand for all costs incurred by you, including but not limited to taxes, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT number and/or your failure to pay such taxes, penalties or interest.

  • Samoving may remove, modify or restrict access, at its discretion, to content that violates the platform's policies.


 

  1. Terms and Conditions of the Transaction

When the User offers an Article, the User agrees to comply with the Terms and Conditions and accepts that:

  • You are responsible for the accuracy, truthfulness and veracity of the published advertisement of the Articles.

  • It enters into a contract of promise of sale which will be governed by the terms of the contract when it publishes an advertisement.

  • You enter into a legally binding contract with the buyer to sell the Goods when you commit to buy a Good.

  • Samoving does not own any of the Items for sale or sold through the platform and is not involved in the buying and selling between buyers and sellers. The contract of sale is made directly between the buyer and the seller.

 

When the User purchases an Item, the User agrees to comply with the Terms and Conditions and agrees that:

  • It is your responsibility to read the full listing of the Items before bidding.

  • You enter into a legally binding contract with the seller to buy the Goods when you commit to buy them.

  • It enters into an escrow agreement with Samoving which shall be governed by the terms of the escrow agreement.

  • Samoving does not own any of the Items for sale or sold through the platform and is not involved in the buying and selling between buyers and sellers. The contract of sale is made directly between the buyer and the seller.

 

  1. Responsibility.

Sellers and buyers are responsible for complying with all laws and other regulations applicable to the purchase, sale and shipment of the Goods internationally.

In the event of an international sale and purchase, the buyer and seller represent and warrant that they have all necessary permits, licences and authorisations to carry out the export and subsequent import of the item.

You can prevent your ads from appearing on international sites by explicitly excluding international submissions from your ads.

The seller can exclude international buyers from purchasing his goods by explicitly excluding international shipping locations or by setting a limitation to the group of potential buyers.

  1. Right of withdrawal

The right of withdrawal provided for in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and Law 28/1998, of 13 July, on the Sale of Movable Goods in Instalments, does not apply as no consumer transactions are carried out through the platform.

  1. Responsibility

Except for the responsibilities that cannot be excluded or limited as a consequence of the applicable regulations, Samoving is not responsible, neither directly nor indirectly, for the claims made by the Users that are caused by any of the following circumstances:

I. Any loss of profit, sales, business or revenue of the User.

II. the quality of the Goods, non-payment of the price, delays, loss of the Goods or any other discrepancies concerning the Goods.

III. Website access problems and technological problems.

IV. Actions or omissions of third parties.

V. Errors in the information provided by the User.

However, to the maximum extent permitted by law, Samoving's total liability for any other damages or losses arising in connection with the Terms and Conditions, whether in contract, tort or breach of any statutory duty, shall in no event exceed its commission.

Likewise, Samoving is not responsible for: (i) the continuity of the contents of the platform; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the platform or in the server that supplies it; (iv) the vulnerability of the platform and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the platform; and (vi) the damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that Samoving establishes on the platform or through the violation of the security systems of the platform.

Nevertheless, Samoving declares that it has taken all measures reasonably necessary within its capabilities and the state of the art to ensure the proper functioning of the technical components and the content of the Website.

In any case, Samoving reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of content and/or use of platform services, with or without prior notice, to Users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the User being able to claim any compensation for this cause.

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, affiliates and employees) from liability for any and all claims, demands and damages (actual or potential) of any kind or nature, known or unknown, arising out of or in any way connected with such dispute.

In this regard, the buyer releases Samoving from any liability for the quality of the Goods, non-payment of the price, delays, loss of the Goods or any other discrepancies concerning the Goods.

  1. Intellectual and Industrial Property

The design, source code, logos, trademarks and other distinctive signs that appear on the platform belong to Samoving and are protected by intellectual and industrial property rights. Therefore, their use, reproduction, distribution, public communication, transformation or any other similar or analogous activity is strictly prohibited unless expressly authorised by Samoving.

Samoving also declares its respect for the intellectual and industrial property rights of third parties. If you believe that this site may be infringing your rights, please contact us at the following address: info@scrapad.com.

  1. Data protection

Samoving will strictly comply with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679, of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, in relation to the processing of Users' data.

The personal data or information provided by the User to Samoving will be treated in accordance with the provisions of the Privacy Policy available at the following link: https://www.scrapad.com/informacion-legal/politica-de-privacidad/.

  1. Miscellaneous

    18.1 Force majeure

Samoving shall not be liable in the event of the impossibility of executing the Transactions and delivering the Items in the event of force majeure, theft or loss, or error in the order or the data provided by the User. Force majeure" shall mean all circumstances that cause Samoving to be temporarily or permanently unable to fulfil its obligations. By way of example and not limitation:

a) Strikes, lockouts or other industrial action.

b) Civil commotion, riot, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war, confinement of population or restrictions on mobility and/or economic activity.

c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

d) Inability to use public or private telecommunications systems.

e) Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended for the period during which the force majeure continues and Samoving will be granted an extension of time to fulfil them for a period of time equal to the duration of the force majeure, or their cancellation if the fulfilment of such obligations is not reasonably possible.

   18.2 Effectiveness of the Terms and Conditions

These Terms and Conditions bind Samoving and the User from the moment of their acceptance. Any provision or section of the Terms and Conditions that is or becomes illegal, invalid or unenforceable shall be excluded from the same and shall be deemed unenforceable to the extent of such illegality, invalidity or unenforceability without affecting the others. and shall be replaced by another that is as similar as possible to the previous one, but shall not affect or prejudice the remaining provisions, which shall be excluded from any clause or illegal, invalid or unenforceable provision and shall remain on the contrary in full force and effect.

    18.3 Waiver or non-compliance

The waiver or failure of either party to exercise any right or provision of these Terms and Conditions shall not be deemed a waiver of the applicable right or provision.

  1. Applicable legislation

These Terms and Conditions, written in Spanish, shall be interpreted, and any dispute and/or disagreement between Samoving and the User shall be resolved, in accordance with Spanish law.


 

  1. Submission

Any dispute relating to the application or interpretation of these Terms and Conditions shall be finally settled by Commercial Arbitration, in accordance with the Rules of the Gipuzkoa Chamber of Commerce Court of Arbitration, by three arbitrators appointed in accordance with these rules. The arbitrators shall conduct the proceedings in the Spanish language and shall apply Spanish law.

Last updated: 14 March 2022

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