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Terms of Use

Terms of Use
Last update:…../2021
 
  1. Introduction
1.1 These terms set forth the terms of use of the services (hereinafter "Terms of Use") provided through the website www.foodbrokers.com  (hereinafter "FB" or "Digital Platform"). This Digital Platform is created and owned by the company with the trade name "FOOD BROKERS SINGLE MEMBER SOCIETE ANONYME" and the distinctive title "FOOD BROKERS", which is located at 40 Eleftherias Sqr. and Averof Str., Heraklion, Crete, with TIN. 801494370, Tax Office of Heraklion (hereinafter "Company" or "us").

1.2 The Digital Platform operates under the following Terms of Use, which the recipient of the services (hereinafter "seller" / "buyer" or just "users" or "you") is required to read carefully and use the services only if he/she fully accepts them and consents to their implementation.

1.3 Any use of the Digital Platform and any transaction through our platform implies the full acceptance of the Terms of Use by you, which apply additionally to the separate contracts concluded by the Company with users. In the event of any inconsistency or contradiction between these Terms and the terms of any contract, the terms of the contract shall prevail.

1.4 The Company reserves the right to amend the following Terms of Use at any time by posting their updated version, without notifying the users, who shall be kept informed of any changes. In any amendment to these Terms of Use, any later to the amendment use of the Digital Platform services will also be regarded as your re-acceptance of and adherence to the updated Terms of Use.
 
  1. Registration and creation of an account

2.1 The Company provides a digital marketplace platform through which sellers display, promote and sell their products to interested buyers. Access to the Digital Platform and consequently participation to any service is allowed only to persons who have completed the eighteenth year (18th) of their age and have full legal capacity, acting on their own account or on behalf of the seller and/or buyer they represent.

2.2 Creating an account and registering as a seller and/or buyer is required in order to use the services of the Digital Platform. After filling in your details in the registration form, you will receive a confirmation message to the e-mail address you submitted during your registration. After confirming the e-mail address, the Company will verify the validity of the details you submitted, approve your account and notify you accordingly.

2.3 Users remain solely responsible for all actions and transactions made through their account. Users agree to immediately notify the Company of any unauthorized use of their account and any occurring and/or possible breach of security. Furthermore, users are solely responsible for the careful use of their account and for logging out at the end of each session. The Company is not responsible for any damage or loss resulting from the failure or inability of users to comply with the aforementioned. The Company reserves the right to delete an account, if a violation of any of these Terms of Use is proven.
 
  1. Services Operation – Transaction Terms

3.1 The buyer, after selecting the products and placing them in the "shopping cart", can place his/her order. After placing the order, the seller either confirms the receipt and order details by sending a relevant order confirmation email or modifies the order details (e.g. quantity, delivery date) and sends the order to the buyer for confirmation. After the acceptance and confirmation of the order by both parties, the buyer shall prepay 50% of the total value of the order, to credit institution’s escrow account, , which ensures the security of his/her transactions, via bank transfer or by using a credit / debit card. The Company is notified about the payment and notifies the seller to proceed with the preparation of the order. The buyer is notified through the platform when his/her order is ready for delivery, at which time he/she will have to pay the remaining amount of the order. After the full payment, the delivery of the products to the buyer is completed. Upon receipt of the order from the buyer, the platform is notified and then the amount of the order is transferred from the escrow account of the cooperating  credit institution to the seller, after withholding any potential commission that the Company receives from the respective seller.

3.2 The products available for sale through the Digital Platform are not products of the Company, but products of the sellers contracted with the Company, who wish to promote their products through the Digital Platform, and therefore the Company cannot be held liable for them. The sellers are responsible for the preparation, the condition and the quality of the products, while the shipping costs and the delivery date of the products are the subject of an agreement between the seller and the buyer.
3.3 The submission of a product order constitutes a binding offer to purchase the product in question at the price indicated at the time of submission of the order. The quoted prices on the platform do not include VAT, shipping costs, and any other applicable charges. The cost of the products displayed through the Digital Platform are determined directly by the respective seller. The Company bears no responsibility for the configuration and / or changes of these prices. The above prices listed on the Digital Platform may be modified, if the seller who formed the specific price makes a relevant modification. In any case, the price agreed at the time of the order is considered in force.
3.4 For an order cancelation, as well as for any complaint with respect to the products, please contact the seller directly, through the special form “Cancellation of order”, which is available when placing the order, stating your order number, the problem that arose and the way he/she may help you. The seller reserves the right, in its sole discretion, to accept or reject your request.
4. Intellectual Property Rights
4.1 The Digital Platform is Company’s intellectual property according to Greek Law 2121/1993 about copyright, as amended and currently in force as well as to international conventions signed by Greece.
4.2 Without prejudice to paragraph 6 of these Terms, the Company retains the exclusive intellectual property rights in the design and all content of the Digital Platform (including images, graphics, photographs, videos, drawings, texts, services provided). Any violation of these rights in any way incurs the responsibilities and penalties prescribed by law. Indicatively and non-exclusively: copying, modifying, publishing, distributing by any means of the content of the Digital Platform, as well as decompiling or by any means unauthorized use of its software is strictly prohibited.
4.3 Logos, brand names, trademarks and any signs contained on the Digital Platform are property of the Company and/or companies listed as owners of the relevant rights on the Digital Platform and are protected in accordance with applicable law for the protection of industrial property. The other products or services mentioned on the Digital Platform bearing the trademarks of third parties are their own industrial property and therefore they bear the respective responsibility.
5. Privacy
Our Privacy Policy describes the way in which the Company manages the data of the users of its services. The Digital Platform also uses small text files (cookies) whose operation and purposes of use are described in detail in our Cookies Policy.
6. User Content
6.1 The Digital Platform enables users to post and/or publish reviews, comments, messages and other communications, as well as files, photos and any other content (collectively "Content") through the ratings field, the special contact form, the special chatbox and other services of the Digital Platform. The Company has absolutely no responsibility for the Content posted and/or published by users. If the Company is notified that the Content posted on the Digital Platform offends third parties and / or violates the personal data of third parties, and/or infringes the intellectual property rights of third parties, it reserves the right to immediately and without notice delete the relevant Content and/or the user account that made the relevant posting and/or publication.
6.2 By posting and/or publishing any Content, the user grants the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, present, execute, modify, transmit, translate, create derivative works and distribute the Content. Furthermore, the user ensures and warrants to the Company that he/she has the right, license and/or authority to freely use all kinds of intellectual property rights deriving from the Content and that he/she will indemnify and exonerate the Company from any third party claim arising from breach of any Content-related obligation.
7. Permitted Use
While using the services of the Digital Platform, users shall not disclose personal data concerning third parties. Furthermore, users must refrain from posting, sharing, or publishing Content that falls, by way of example, and non-exclusively, into any of the following categories:
• contains defamatory, sycophantic, threatening or racist comments or in any other way violates the rights of third parties, such as, for example, personality rights, personal data rights, intellectual property rights, individual and social rights, or any other interference with the privacy of others;
• constitutes publication or otherwise transmission of defamatory, offensive, obscene, inappropriate, false, misleading or illegal material or information;
• contains software or any material relating to rights protected by relevant national, European, or international law, such as copyright, personality rights and personal data rights;
• contains viruses, corrupted files or any other electronic code, program or file designed to corrupt or restrict the operation of any third party software or telecommunications equipment or to prevent other users from using the Digital Platform;
• misleads about the origin of the software or any other item contained in a file that is uploaded to the Digital Platform;
• is advertising material;
• insults public decency and the accepted principles of morality, honor and dignity of any Public, Administrative or Church Authority or any third party. It also contains content that is abusive, inflammatory, racist, or that is contrary to the respective provisions of the applicable law or is in any other way indecent or contrary to the legitimate interests of the Company, and
In any case, the Company has every right to exclude users who violate these Terms of Use and to remove from the Digital Platform the content related to the violation, subject to any legal action, which will be required to ensure the rights of the Company and/or third parties.
8. External Links
8.1 The Digital Platform may contain hyperlinks to other websites, which are controlled by third parties natural or legal persons. In no case is the Company responsible for their content, nor for any financial or other damage suffered by the users who follow them. In no case does the Company guarantee that these links will operate uninterruptedly. Furthermore, these external links are indicative, not exclusive or limiting in nature. The Company reserves the right to remove and/or add links without any notice and to change the content of the Digital Platform at any time.
8.2 By using the Digital Platform, you understand and accept that the Company is in no way responsible for the content of the hyperlinks they contain, the services/products they may offer or the advertisements they may feature.
9. Disclaimer of Warranty
9.1 The content of the Digital Platform is provided "as is", without any express or implied warranty of merchantability or fitness for a particular purpose.
9.2 There is no express warranty that the pages, services, functions, options and contents of the Digital Platform will be provided without interruption, without errors and that errors will be corrected. Furthermore, although the Company makes every effort for it, there is no warranty that the Digital Platform does not contain "viruses" or other malicious material.
10. Limitation of Liability
10.1 In no event shall the Company be liable, under any circumstances, for any direct, indirect, consequential, special damages, including, but not limited to, loss of profits, loss of or damage to property, and any claims of third parties, arising out of, or related to the use of the Digital Platform or its contents, regardless of whether the Company was aware, knew or should have known of this possibility.
10.2 The Company has no responsibility for the quality, maintenance, storage and control of the products that appear on the Digital Platform, which are sold by the cooperating sellers. The cooperating sellers are responsible for ensuring that their products sold are legitimate and comply with all the requirements of the applicable laws.
11. Other Terms
11.1 These Terms of Use, and any amendments thereto are governed by Greek Law. The Courts of Heraklion, Crete are competent for any dispute that may arise from these Terms.
11.2 If any provision of these Terms of Use is deemed invalid by any court with competent jurisdiction, the invalidity of this provision will not affect the validity of the other provisions of the Terms of Use, which will remain in full force and effect.